1. (1) This division establishes greenhouse gas registering, reporting, and other requirements for operators of certain facilities that emit greenhouse gases, fuel suppliers, and electricity suppliers.
2. (2) Subject to the requirements in this division and OAR 340-200-0010(3), the EQC designates LRAPA to implement the rules in this division within its area of jurisdiction.

3. (3) This division incorporates the provisions of title 40, Code of Federal Regulations (C.F.R.), part 98 that are specifically referenced in rules within the division. These provisions are a portion of the U.S. Environmental Protection Agency (EPA) Final Rule on Mandatory Reporting of Greenhouse Gases. Unless otherwise specified, references in this division to 40 C.F.R. part 98 are to those requirements promulgated by EPA and published in the Federal Register on December 9, 2016. Unless otherwise specifically provided, for the provisions of 40 C.F.R. part 98 (the “federal rules”) that are incorporated by reference in this division:

   1. (a) Wherever the term “Administrator” is used in the federal rules, the term “Director of DEQ” will be substituted;
   2. (b) Wherever the term “EPA” is used in the federal rules, the term “Oregon Department of Environmental Quality” or “DEQ” will be substituted; and
   3. (c) Where any incorporated provisions of 40 C.F.R. part 98 are in conflict with requirements in this division, the requirements in this division shall take precedence and are the provisions that reporting entities must follow.

Statutory/Other Authority

ORS 468.020, 468A.050 & 468A.280

Statutes/Other Implemented

ORS 468 & 468A

History

DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020
DEQ 12-2015, f. & cert. ef. 12-10-15
DEQ 11-2011, f. & cert. ef. 7-21-11
DEQ 12-2010, f. & cert. ef. 10-27-10
DEQ 13-2008, f. & cert. ef. 10-31-08