1. (1) Applicability.

   1. (a) Except as provided in subsection (b), this rule applies to providers of compressed natural gas, liquefied natural gas, liquefied compressed natural gas, and liquefied petroleum gas for use as a transportation fuel in Oregon; and
   2. (b) This rule does not apply to providers of fuels listed in OAR 340-253-0200(3), beginning in the year specified in that rule and thereafter.

2. (2) Compressed natural gas. For CNG used as a transportation fuel, subsections (a) through (c) determine the person who is eligible to generate credits.

   1. (a) Fossil CNG. For fuel that is solely fossil CNG, the person that is eligible to generate credits is the owner of the compressor at the facility where the fuel is dispensed for use in a motor vehicle.
   2. (b) Bio-based CNG. For fuel that is solely bio-based CNG, the person that is eligible to generate credits is the producer or importer of the fuel.
   3. (c) Blend of fossil CNG and bio-based CNG. For fuel that is a blend of fossil CNG and bio-based CNG, the generated credits will be split between the persons eligible to generate credits or the regulated party under subsections (a) and (b) to give each credits based on the actual amount of each fuel in the blend.

3. (3) Liquefied natural gas. For LNG used as a transportation fuel, subsections (a) through (c) determine the person who is eligible to generate credits.

   1. (a) Fossil LNG. For fuel that is solely fossil LNG, the person that is eligible to generate credits is the owner of the fueling equipment at the facility where the fuel is dispensed for use in a motor vehicle.
   2. (b) Bio-based LNG. For fuel that is solely bio-based LNG, the person that is eligible to generate credits is the producer or importer of the fuel.
   3. (c) Blend of fossil LNG and bio-based LNG. For fuel that is a blend of fossil LNG and bio-based LNG, the generated credits will be split between the persons eligible to generate credits under subsections (a) and (b) to give each credits based on the actual amount of each fuel in the blend.

4. (4) Liquefied compressed natural gas. For L-CNG used as a transportation fuel, subsections (a) through (c) determine the person who is eligible to generate credits.

   1. (a) Fossil L-CNG. For fuel that is solely fossil L-CNG, the person that is eligible to generate credits is the owner of the compressor at the facility where the fuel is dispensed for use in a motor vehicle.
   2. (b) Bio-based L-CNG. For fuel that is solely bio-based L-CNG, the person that is eligible to generate credits is the producer or importer of the fuel.
   3. (c) Blend of fossil L-CNG and bio-based L-CNG. For fuel that is a blend of fossil L-CNG and bio-based L-CNG, the generated credits will be split between the persons eligible to generate credits under subsections (a) and (b) to give each credits based on the actual amount of each fuel in the blend.

5. (5) Liquefied petroleum gas. For LPG used as a transportation fuel, subsections (a) through (c) determine the person who is eligible to generate credits.

   1. (a) Fossil LPG.

      1. (A) For fossil LPG that is dispensed for use in a motor vehicle, the person that is eligible to generate credits is the owner of the fueling equipment at the facility.
      2. (B) For fossil LPG that is dispensed for use in a forklift, the person that is eligible to generate credits is the forklift fleet owner or operator. The fleet owner or operator may also designate an aggregator.
   2. (b) Renewable LPG. The producer or importer of the renewable LPG is eligible to generate credits.
   3. (c) Blend of fossil and renewable LPG. For fuel that is a blend of fossil and renewable LPG, the generated credits will be split between the person eligible to generate credits under subsections (a) and (b) based on the actual amounts of each fuel in the blend.
6. (6) Responsibilities to generate credits. Any person specified in sections (2) through (5) may generate credits by complying with the registration, recordkeeping, reporting, and attestation requirements of this division.
7. (7) For bio-based or renewable fuels under this rule, the ability to generate credits for the fuel may be transferred along with the fuel to another recipient of the fuel in the state so long as it is documented in a written contract.

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 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