OAR 340-253-2100: Forecasted Fuel Supply Deferral

(1) Fuel supply forecast deferral. Under section 163, chapter 750, Oregon Laws 2017 (Enrolled House Bill 2017), the division of the Oregon Department of Administrative Services that serves as office of economic analysis is required to provide to DEQ a fuel supply forecast for the following compliance period not later than October 2. If DEQ receives a fuel supply forecast for the following compliance period by October 2 and the forecast projects that the amount of credits that will be available during the forecast compliance period will be less than 100 percent of the credits projected to be necessary for regulated parties to comply, then DEQ, no later than December 1, shall issue an order declaring a forecast deferral. The order must set forth: (a) The duration of the forecast deferral, which may not be less than one calendar quarter or longer than one compliance period; (b) The types of fuel to which the forecast deferral applies; and (c) Which of the following methods DEQ has selected for deferring compliance with the clean fuel standard during the forecasted deferral: (A) Temporarily adjusting the scheduled applicable clean fuel standard to a standard identified that better reflects the forecast availability of credits during the forecast compliance period and requiring regulated parties to comply with the temporary standard; (B) Requiring regulated parties to comply only with the clean fuel standard applicable during the compliance period prior to the forecast compliance period; or (C) Suspending deficit accrual for part or all of the forecast deferral period. (d) In implementing a forecast deferral, DEQ may take an action for deferring compliance with the clean fuel standard other than, or in addition to, selecting a method under subsection (c) only if DEQ determines that none of the methods under subsection (c) will provide a sufficient mechanism for containing the cost of compliance with the clean fuel standards during the forecast deferral. In making such a determination, DEQ shall: (A) Include in such order DEQ’s determination and the action to be taken; and (B) Provide written notification and justification of the determination and the action to: (i) The Governor; (ii) The President of the Senate; (iii) The Speaker of the House of Representatives; (iv) The majority and minority leaders of the Senate; and (v) The majority and minority leaders of the House of Representatives. (2) Terminating a forecast deferral. The EQC may terminate, by order, a forecast deferral before the expiration date of the forecast deferral. Termination is effective on the first day of the next calendar quarter after the date that the order declaring the termination is adopted.