1. (1) Regulated party.

   1. (a) The regulated party is the producer or importer of the regulated fuel under OAR 340-253-0200(2), except for a fuel that becomes a regulated fuel under OAR 340-253-0200(2)(g); and
   2. (b) The regulated party for a fuel that becomes a regulated fuel under OAR 340-253-0200(2)(g) is the owner of the compressor or fueling equipment at the facility where the fuel is dispensed for use in a motor vehicle and, for fossil LPG dispensed for use in a forklift and that is a regulated fuel under OAR 340-253-0200(2)(g), the regulated party is the forklift fleet owner or operator.
2. (2) Recipient notification requirement. If a regulated party intends to transfer ownership of fuel, it is the recipient’s responsibility to notify the transferor whether the recipient is a producer, a position holder, an importer of blendstocks, a large importer of finished fuels, a small importer of finished fuels, or is not an importer or otherwise registered under this program. The notification does not have to be in writing.

3. (3) Compliance obligations.

   1. (a) Deficits and credits associated with a given volume of regulated fuels are created when the fuels are produced in Oregon, imported into the state, or, for a fuel that becomes a regulated fuel under OAR 340-253-0200(2)(g), when the fuel is dispensed for use in a motor vehicle or forklift.
   2. (b) Importers and producers must report the fuel that they import and produce and must comply with this division.
   3. (c) For a fuel that becomes a regulated fuel under OAR 340-253-0200(2)(g), the regulated party must report the fuel that it dispenses for use in a motor vehicle or forklift and must comply with this division.
   4. (d) A regulated party may not transfer its compliance obligations under this division when it sells fuel from above the rack to a large importer of finished fuels below the rack.
   5. (e) Except as provided in subsections (d) and (f), a registered party may voluntarily transfer its compliance obligations under this division for fuel sold to another registered party. for such a transfer to be effective, it must be clearly documented in the written product transfer document(s) at the time of the transfer.
   6. (f) Compliance obligations may not be transferred to a small importer of finished fuels or to a fuel producer registered only to hold fuel pathways.

   7. (g) When a compliance obligation is transferred with the regulated fuel under subsection (e):

      1. (A) The recipient acquires the deficits and credits associated with the fuel and must comply with all the applicable requirements of this division.
      2. (B) The transferor is no longer responsible for the credits and deficits for the transferred fuel.
4. (4) Fuel produced by an out-of-state producer that is voluntarily registered under OAR 340-253-0100(1)(c) is not eligible to generate credits or deficits unless and until it is imported into Oregon for use in the state.

Statutory/Other Authority

ORS 468.020, 468A.266, 468A.268 & 468A.277

Statutes/Other Implemented

ORS 468.020 & ORS 468A.265 through 468A.277

History

DEQ 17-2022, amend filed 09/23/2022, effective 01/01/2023
DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020
DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019
DEQ 27-2017, amend filed 11/17/2017, effective 11/17/2017
DEQ 13-2015, f. 12-10-15, cert. ef. 1-1-16
DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15
DEQ 8-2014, f. & cert. ef. 6-26-14
DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14
DEQ 8-2012, f. & cert. ef. 12-11-12