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Oregon Clean Fuels Program

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Clean Fuels Program Regulations

Here is a link to a factsheet that covers the most important parts of the rules adopted by the Oregon Environmental Quality Commission on Jan. 7, 2015.

Program participation

Regulated parties - Parties that import gasoline, diesel, ethanol and biodiesel for use in Oregon are regulated parties. Parties that produce ethanol and biodiesel in Oregon are also regulated parties.

  • An “importer” is the party that has ownership title to transportation fuel from locations outside Oregon at the time it is brought into the state of Oregon by any means of transport other than in the fuel tank of a motor vehicle for the purpose of propelling the motor vehicle.
  • A “producer” is the party that makes the fuel in Oregon.
Between now and June 30, 2015 - DEQ will work with fuel providers to determine who meets the new definition of “importer.” Focus will be on importers of gasoline, diesel, ethanol and biodiesel.

Note: If a party imports sub-octane gasoline and subsequently blends ethanol to produce a finished fuel, do not register as a producer; register as an importer.

Credit generators - Parties that provide clean fuels are eligible to be credit generators. Credit generators are not required to participate, but can choose to voluntarily participate if they want to generate credits for fuel they provide in Oregon.

Between July 1 and Dec. 31, 2015 – DEQ will begin outreach to providers of clean fuels – renewable diesel, natural gas, propane, electricity or biogas. Credit generators who intend to provide clean fuels in 2016 should begin the registration process in order to begin generating credits as of Jan. 1, 2016.

Brokers - Parties that are not themselves a regulated party or a credit generator, but are authorized by a regulated party or a credit generator to act on their behalf, can participate in the program to facilitate credit generation and credit trading.

Overview of program requirements

Registration - Regulated parties, credit generators and brokers must register with DEQ before producing fuel in Oregon, importing fuel into Oregon or generating or transacting credits for fuels supplied in Oregon.

Between now and June 30, 2015 - All new importers will need to complete the registration process and all existing importers will need to modify their registration applications

Here are the new DEQ-approved registration forms:

Use the updated carbon intensity values found in the new look-up tables in OAR 340-253-8030 for gasoline and gasoline substitutes and -8040 for diesel and diesel substitutes. For those fuels approved in California, please use the same pathways. For fuels not approved in California, find the pathway that matches the description the closest. If you can’t find an appropriate pathway, call 503-229-5388.

Need a copy of OR-GREET? Call 503-229-5388 to get a copy.

All registered parties must also register as a user in the CFP Online System. DEQ will provide a link to the CFP Online System when you complete the registration process.

Recordkeeping (product transfer documents) - Regulated parties, credit generators and brokers must keep records for each transaction of transportation fuel imported, sold or supplied for use in Oregon. See OAR 340-253-0600 for specific requirements.

As of Feb. 1, 2015 – Importers should be tracking fuel volumes using the new definition of importer.

Beginning July 1, 2015 – All regulated parties should begin complying with the new recordkeeping requirements.

Note: OAR 340-253-0040(47) defines “product transfer document” as a document that conveys information about the transfer of ownership of fuel from a regulated party to the recipient of the fuel. This product transfer document does not have to be a single document; it can also be a combination of documents that, in combination, satisfy the entirety of the recordkeeping requirements.

Transfer of Obligation - For gasoline, diesel, ethanol and biodiesel, the transfer of the compliance obligation depends on whether the recipient of the fuel is a large importer, small importer, producer or not an importer. If the recipient is a large importer, then the default is for the obligation to transfer to the recipient. If the recipient is a small importer, a producer or not an importer, then the default is for the obligation to remain with the transferor. The default can be overridden by written contract between the transferor and the recipient.

Beginning July 1, 2015 – All regulated parties should include transfer of obligation language in their product transfer documents in accordance with OAR 340-253-0310

Note: It is the recipient’s responsibility to notify the transferor of its regulatory status before the transaction. DEQ does not require that such a notice be in writing and that language in the sellers contract either passing or retaining the obligation would be sufficient to document that such a notification took place.

Reporting – Regulated parties, credit generators and brokers must submit quarterly progress reports and annual compliance reports. See the table in OAR 340-253-0850 for specific requirements. All reporting must be done using the CFP Online System.

Quarterly and annual reporting continues. The next due dates are:

March 31, 2015 – Q4 progress report due (extended)
April 30, 2015 – 2014 annual report due
June 1, 2015 – Q1 progress report due
Aug. 31, 2015 – Q2 progress report due
Nov. 30, 2015 - Q3 progress report due
Feb. 29, 2016 - Q4 progress report due

For more information on this program, call 503-229-5388 or email Oregon Clean Fuels.

For more information about DEQ’s air quality programs, call 503-229-5359 or email.
[print version]

Email Oregon Clean Fuels for more information on this program.

For more information about Air Quality call 503-229-5359 or email.

Oregon Department of Environmental Quality
Headquarters: 811 SW Sixth Ave., Portland, OR 97204-1390
Phone: 503-229-5696 or toll free in Oregon 1-800-452-4011
Oregon Telecommunications Relay Service: 1-800-735-2900  FAX: 503-229-6124

The Oregon Department of Environmental Quality is a regulatory agency authorized to protect Oregon's environment by
the State of Oregon and the Environmental Protection Agency.

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