1. (1) A person who transfers one or more compliance instruments in a trade according to OAR 340-271-0510 must retain the following records related to each trade, in paper or electronic format for a period of at least seven years following the submission date of a complete compliance instrument trade form:

   1. (a) A copy of each compliance instrument trade form submitted to DEQ;
   2. (b) A copy of any invoice or documentation of monetary payment received related to the trade;
   3. (c) A statement from a financial institution showing receipt of any payment for the compliance instrument;
   4. (d) Documentation of any service or other qualitative compensation received related to the trade; and
   5. (e) A copy of all other data, reports, or other information related to the trade.

2. (2) A person who acquires one or more compliance instruments in a trade according to OAR 340-271-0510 must retain the following records related to each trade, in paper or electronic format for a period of at least seven years following the submission date of a complete compliance instrument trade form:

   1. (a) A copy of each compliance instrument trade form submitted to DEQ;
   2. (b) A copy of any invoice or documentation of monetary payment related to the trade;
   3. (c) A statement from a financial institution showing any payment for the compliance instrument;
   4. (d) Documentation of any service or other qualitative compensation provided related to the trade; and
   5. (e) A copy of all other data, reports, or other information related to the trade.
3. (3) Covered fuel suppliers must make the records retained according to this rule available to DEQ upon request. DEQ will specify the date by which the covered fuel supplier must fulfill a records request from DEQ.

Statutory/Other Authority

ORS 468.020, 468A.025, 468A.040 & 468A.050

Statutes/Other Implemented

ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045

History

DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021