Department of Environmental Quality
Chapter 340
Division 253
OREGON CLEAN FUELS PROGRAM
340-253-0040
Definitions
The definitions in OAR 340-200-0020, 340-272-0020, 340-257-0030, and this rule apply to this division. If the same term is defined in this rule and in another listed rule, the definition in this rule applies to this division. If a term that is not defined in this rule is defined in more than one of the other rules referenced in the preceding sentence, then the definition that applies shall be the definition in OAR 340-272-0020, if any, or else the definition in OAR 340-257-0030 will apply.
(1) “Above the rack” means sales of transportation fuel at pipeline origin points, pipeline batches in transit, barge loads in transit, and at terminal tanks before the transportation fuel has been loaded into trucks.
(2) “Advance Credits” refers to credits advanced under OAR 340-253-1100 for actions that will result in real reductions of the carbon intensity of Oregon’s transportation fuels.
(3) “Aggregation indicator” means an identifier for reported transactions that are a result of an aggregation or summing of more than one transaction of the same type with, where applicable, the same business partner. An entry of “True” indicates that multiple transactions have been aggregated and are reported with a single transaction number. An entry of “False” indicates that the record reports a single fuel transaction.
(4) “Aggregator” or “Credit aggregator” means a person who registers to participate in the Clean Fuels Program, described in OAR 340-253-0100(3), on behalf of one or more credit generators to facilitate credit generation and trade credits.
(5) “Aggregator designation form” means a DEQ-approved document that specifies that a credit generator has designated an aggregator to act on its behalf.
(6) “Alternative Fuel Portal” or “AFP” means the portion of the Oregon Fuels Reporting System where fuel producers can register their production facilities and submit fuel pathway code applications and physical pathway demonstrations.
(7) “Alternative Jet Fuel” means a fuel, made from petroleum or non-petroleum sources, which can be blended and used with conventional petroleum jet fuels without the need to modify aircraft engines and existing fuel distribution infrastructure. The fuel must have a lower carbon intensity than the applicable annual standard under Table 3 under OAR 340-253-8010. This includes alternative jet fuel derived from co-processed feedstocks at a conventional petroleum refinery.
(8) “Application” means the type of vehicle where the fuel is consumed, shown as either LDV/MDV or HDV.
(9) “B5” means diesel fuel containing 5 percent biodiesel.
(10) “Backstop aggregator” means a qualified entity approved by DEQ under OAR 340-253-0330 to aggregate credits for electricity used as a transportation fuel, when those credits would not otherwise be generated.
(11) “Battery electric vehicle” or “BEV” means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation.
(12) “Base Credits” refers to electricity credits that are generated by the carbon reduction between the gasoline or diesel standard and the carbon intensity of grid or utility electricity.
(13) “Below the rack” means sales of clear or blended gasoline or diesel fuel where the fuel is being sold as a finished fuel for use in a motor vehicle.
(14) “Bill of lading” means a document issued that lists goods being shipped and specifies the terms of their transport.
(15) “Bio-based” means a fuel produced from non-petroleum, biogenic renewable resources.
(16) “Biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats, or other nonpetroleum resources, not including palm oil, designated as B100 and complying with ASTM D6751.
(17) “Biodiesel Blend” means a fuel comprised of a blend of biodiesel with petroleum-based diesel fuel, designated BXX. In the abbreviation BXX, the XX represents the volume percentage of biodiesel fuel in the blend.
(18) “Biogas” means gas, consisting primarily of methane and carbon dioxide, produced by the anaerobic decomposition of organic matter. Biogas cannot be directly injected into natural gas pipelines or combusted in most natural gas-fueled vehicles unless first upgraded to biomethane.
(19) “Biomethane” or “Renewable Natural Gas” means refined biogas, or another synthetic stream of methane from renewable resources, that has been upgraded to a near-pure methane content product. Biomethane can be directly injected into natural gas pipelines or combusted in natural gas-fueled vehicles.
(20) “Blendstock” means a fuel component that is either used alone or is blended with one or more other components to produce a finished fuel used in a motor vehicle. A blendstock that is used directly as a transportation fuel in a vehicle is considered a finished fuel.
(21) “Bulk system” means a fuel distribution system consisting of refineries, pipelines, vessels and terminals. Fuel storage and blending facilities that are not fed by pipeline or vessel are considered outside the bulk transfer system.
(22) “Business partner” refers to the second party that participates in a specific transaction involving the regulated party. This can either be the buyer or seller of fuel, whichever applies to the specific transaction.
(23) “Buy/Sell Board” means a section of the Oregon Fuels Reporting System where registered parties can post that they are interested in buying or selling credits.
(24) “Book and Claim” refers to the accounting methodology where the environmental attributes of an energy source are detached from the physical molecules or electricity when they are commingled into a common transportation and distribution system for that form of energy. The detached attributes are then assigned by the owner to the same form and amount of energy when it is used. For the purposes of this division, the common transportation and distribution system must be connected to Oregon.
(25) “Carbon intensity” or “CI” means the amount of lifecycle greenhouse gas emissions per unit of energy of fuel expressed in grams of carbon dioxide equivalent per megajoule (gCO2e/MJ).
(26) “Carryback credit” means a credit that was generated during or before the prior compliance period that a regulated party acquires between January 1st and April 30th of the current compliance period to meet its compliance obligation for the prior compliance period.
(27) “Clean fuel” means a fuel whose carbon intensity is lower than the applicable clean fuel standard, which:
(a) For gasoline and gasoline substitutes and alternatives, is listed in Table 1 under OAR 340-253-8010;
(b) For diesel and diesel substitutes and alternatives, is listed in Table 2 under OAR 340-253-8010; or
(c) For alternative jet fuel, is listed in Table 3 under OAR 340-253-8010.
(28) “Clean fuel standard” or “Low carbon fuel standard” means the annual average carbon intensity a regulated party must comply with, as listed in Table 1 under OAR 340-253-8010 for gasoline and gasoline substitutes and in Table 2 under 340-253-8010 for diesel fuel and diesel substitutes.
(29) “Clear diesel” means a light middle or middle distillate grade diesel fuel derived from crude oil that has not been blended with a renewable fuel.
(30) “Clear gasoline” means gasoline derived from crude oil that has not been blended with a renewable fuel.
(31) “Compliance period” means each calendar year during which regulated parties must demonstrate compliance.
(32) “Compressed natural gas” or “CNG” means natural gas stored inside a pressure vessel at a pressure greater than the ambient atmospheric pressure outside of the vessel.
(33) “Co-processing” means the processing and refining of renewable or alternative low-carbon feedstocks intermingled with crude oil and its derivatives at petroleum refineries.
(34) “Credit” means a unit of measure generated when a fuel with a carbon intensity that is less than the applicable clean fuel standard is produced, imported, or dispensed for use in Oregon, such that one credit is equal to one metric ton of carbon dioxide equivalent not emitted as a result of the use of the fuel as compared to a fuel that precisely met the clean fuel standard.
(35) “Credit buyer” means a registered party that acquires credits from another registered party.
(36) “Credit facilitator” means a person in the Oregon Fuels Reporting System that a regulated party designates to initiate and complete credit transfers on behalf of the regulated party.
(37) “Credit generator” means a person eligible to generate credits by providing clean fuels for use in Oregon and who voluntarily registers to participate in the Clean Fuels Program, described in OAR 340-253-0100(2), and specified by fuel type under OAR 340-253-0320 through 340-253-0340.
(38) “Credit seller” means a registered party that sells or transfers credits to another registered party.
(39) “Crude oil” means any naturally occurring flammable mixture of hydrocarbons found in geologic formations.
(40) “Deferral” means a delay or change in the applicability of a scheduled applicable clean fuel standard for a period of time, accomplished pursuant to an order issued under OAR 340-253-2000 or -2100, or under ORS 468A.273 and 468A.274.
(41) “Deficit” means a unit of measure generated when a fuel with a carbon intensity that is more than the applicable clean fuel standard is produced, imported, or dispensed for use in Oregon, such that one deficit is equal to one metric ton of carbon dioxide equivalent emitted as a result of the use of the fuel as compared to a fuel that precisely met the clean fuel standard.
(42) "Denatured Fuel Ethanol" or “Ethanol" means nominally anhydrous ethyl alcohol meeting ASTM D 4806 standards. It is intended to be blended with gasoline for use as a fuel in a spark-ignition internal combustion engine. Before it is blended with gasoline, the denatured fuel ethanol is first made unfit for drinking by the addition of substances approved by the Alcohol and Tobacco Tax and Trade Bureau.
(43) "Diesel fuel" or “diesel” means either:
(a) A light middle distillate or middle distillate fuel suitable for compression ignition engines blended with not more than 5 volume percent biodiesel and conforming to the specifications of ASTM D975 or;
(b) A light middle distillate or middle distillate fuel blended with at least 5 and not more than 20 volume percent biodiesel suitable for compression ignition engines conforming to the specifications of ASTM D7467.
(44) “Diesel substitute” means a liquid fuel, other than diesel fuel, suitable for use as a compression-ignition piston engine fuel.
(45) “Duty-cycle testing” means a test procedure used for emissions and vehicle efficiency testing.
(46) “E10” means gasoline containing 10 volume percent fuel ethanol.
(47) “Energy economy ratio” or “EER” means the dimensionless value that represents:
(a) The efficiency of a fuel as used in a powertrain as compared to a reference fuel; or
(b) The efficiency of a fuel per passenger mile, for fixed guideway applications.
(48) “Electric Cargo Handling Equipment” or “eCHE” means any off-road, self-propelled vehicle or equipment, other than yard trucks, used at a port or intermodal rail yard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle, or used to perform maintenance and repair activities that are routinely scheduled or that are due to predictable process upsets. This equipment uses electric batteries to store propulsion and functional energy and only has electric motors. Equipment includes, but is not limited to, rubber-tired gantry cranes, top handlers, side handlers, reach stackers, loaders, aerial lifts, excavators, tractors, and dozers.
(49) “Electric Transport Refrigeration Units” or “eTRUs” means refrigeration systems powered by electricity designed to refrigerate or heat perishable products that are transported in various containers, including, but not limited to, semi-trailers, truck vans, shipping containers, and rail cars.
(50) “Electric Ground Support Equipment” or “eGSE” means self-propelled vehicles used off-road at airports to support general aviation activities that use electric batteries for propulsion and functional energy and only has electric motors. For the purpose of this division, that includes, but is not limited to, pushbacks, belt loaders, and baggage tractors.
(51) “Electric Forklift” or “eForklift” means a Class I, II, or III powered industrial truck as defined by the US Occupational Safety and Health Administration in the December 1, 1998 Powered Industrial Truck Operator Training final rule notice.
(52) “Electric Service Supplier” has the same definition as in OAR 860-038-005.
(53) “Emergency period” is the period of time in which an Emergency Action under OAR 340-253-2000 is in effect.
(54) “Environmental Justice Community” means communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including but not limited to seniors, youth and persons with disabilities.
(55) “Export” means to have ownership title to transportation fuel from locations within Oregon, at the time it is delivered to locations outside Oregon by any means of transport, other than in the fuel tank of a motor vehicle for the purpose of propelling the motor vehicle.
(56) “Feedstock transfer document” means a document, or combination of documents, that demonstrates the delivery of specified source feedstocks from the point of origin to the fuel production facility as required under OAR 340-253-0400(6).
(57) “Finished fuel” means a transportation fuel that can legally be used directly in a motor vehicle without requiring additional chemical or physical processing.
(58) “Fixed guideway” means a public transportation facility using and occupying a separate right-of-way for the exclusive use of public transportation using rail, a fixed catenary system, or an aerial tramway.
(59) “Fossil” means any naturally occurring flammable mixture of hydrocarbons found in geologic formations such as rock or strata. When used as an adjective preceding a type of fuel (e.g., “fossil gasoline,” or “fossil LNG”), it means the subset of that type of fuel that is derived from a fossil source.
(60) “Fuel pathway” means a detailed description of all stages of fuel production and use for a fuel, including feedstock generation or extraction, distribution, and combustion of the fuel by the consumer. The fuel pathway is used to calculate the carbon intensity of each fuel.
(61) “Fuel pathway code” or “FPC” means the identifier used in the Oregon Fuels Reporting System that applies to a specific fuel pathway as approved or issued under OAR 340-253-0400 through 0470.
(62) “Fuel pathway holder” means the entity that has received a certified fuel pathway code from DEQ, including those that are recertifications of a CARB-approved fuel pathway under the process in OAR 340-253-0450.
(63) “Fuel production facility” means the facility at which a regulated or opt-in fuel is produced. With respect to biomethane, a fuel production facility means the facility at which the fuel is upgraded, purified, or processed to meet the standards for injection to a natural gas common carrier pipeline or for use in natural gas vehicles.
(64) “Fuel supply equipment” or “FSE” means equipment registered in the Oregon Fuels Reporting System that dispenses alternative fuel into vehicles, including but not limited to electric vehicle chargers, hydrogen fueling stations, and natural gas fueling equipment.
(65) “Gasoline” means a fuel suitable for spark ignition engines and conforming to the specifications of ASTM D4814.
(66) “Gasoline substitute” means a liquid fuel, other than gasoline, suitable for use as a spark-ignition engine fuel.
(67) “Green-e” or “Green-e Program” means the certification program run by the Center for Resource Solutions.
(68) “Heavy duty vehicle” or “HDV” means any motor vehicle rated at more than 10,000 pounds gross vehicle weight.
(69) “Illegitimate credits” means credits that were not generated in compliance with this division, as described in OAR 340-253-1005(7).
(70) “Import” means to have ownership title to transportation fuel at the time it is brought into Oregon from outside the state by any means of transport other than in the fuel tank of a motor vehicle for the purpose of propelling that motor vehicle.
(71) “Importer” means:
(a) With respect to any liquid fuel, the person who imports the fuel; or
(b) With respect to any biomethane, the person who owns the biomethane when it is either physically transported into Oregon or injected into a pipeline located outside of Oregon and contractually delivered for use in Oregon through a book and claim accounting methodology.
(72) “Incremental aggregator” means a qualified entity approved by DEQ under OAR 340-253-0330(10) to earn incremental credits, when those credits would not otherwise be claimed.
(73) “Incremental credit” means a credit that is generated by an action to further lower the carbon intensity of electricity from that of the statewide mix or a utility-specific mix. Incremental credits are calculated from the difference between the carbon intensity of the grid electricity and the carbon intensity of renewable electricity.
(74) “Indirect land use change” means the average lifecycle greenhouse gas emissions caused by an increase in land area used to grow crops that is caused by increased use of crop-based transportation fuels and expressed as grams of carbon dioxide equivalent per megajoule of energy provided (gCO2e/MJ). Indirect land use change values are listed in Table 10 under OAR 340-253-8010.
(a) Indirect land use change for fuel made from corn feedstocks is calculated using the protocol developed by the Argonne National Laboratory.
(b) Indirect land use change for fuel made from sugarcane, sorghum, soybean, canola and palm feedstocks is calculated using the protocol developed by the California Air Resources Board.
(75) “Invoice” means the receipt or other record of a sale transaction, specifying the price and terms of sale, that describes an itemized list of goods shipped.
(76) “Large importer of finished fuels” means any person who imports into Oregon more than 500,000 gallons of finished fuels in a given calendar year.
(77) “Light-duty vehicle” or “LDV” means any motor vehicle rated at 8,500 pounds gross vehicle weight or less.
(78) “Lifecycle greenhouse gas emissions” are:
(a) The aggregated quantity of greenhouse gas emissions, including direct emissions and significant indirect emissions, such as significant emissions from changes in land use associated with the fuels;
(b) Measured over the full fuel lifecycle, including all stages of fuel production, from feedstock generation or extraction, production, distribution, and combustion of the fuel by the consumer; and
(c) Stated in terms of mass values for all greenhouse gases as adjusted to CO2e to account for the relative global warming potential of each gas.
(79) “Liquefied compressed natural gas” or “L-CNG” means natural gas that has been liquefied and transported to a dispensing station where it was then re-gasified and compressed to a pressure greater than ambient pressure.
(80) “Liquefied natural gas” or “LNG” means natural gas that has been liquefied.
(81) “Liquefied petroleum gas” or “propane” or “LPG” means a petroleum product composed predominantly of any of the hydrocarbons, or mixture thereof; propane, propylene, butanes and butylenes maintained in the liquid state.
(82) “Material information” means:
(a) Information that would result in a change of the carbon intensity of a fuel, expressed in a gCO2e/MJ basis to two decimal places; or
(b) Information that would result in a change by any whole integer of the number of credits or deficits generated under OAR 340-253-1000 through OAR 340-253-1030.
(83) “Medium duty vehicle” or “MDV” means any motor vehicle rated between 8,501 pounds and 10,000 pounds gross vehicle weight.
(84) “Motor vehicle” means any vehicle, vessel, watercraft, engine, machine, or mechanical contrivance that is self-propelled.
(85) “M-RETS Renewable Thermal” means the electronic tracking and trading system for North American biomethane and other renewable thermal attributes run by the M-RETS organization. The attributes are serialized and issued as renewable thermal certificates. For the purposes of this division, only the biomethane or renewable natural gas certificates generated by this system are recognized as legitimate.
(86) "Multi-family housing" means a structure or facility established primarily to provide housing that provides four or more living units, and where the individual parking spaces that an electric vehicle charger serves, and the charging equipment itself, are not deeded to or owned by a single resident.
(87) “Natural gas” means a mixture of gaseous hydrocarbons and other compounds with at least 80 percent methane by volume.
(88) “Natural gas common carrier pipeline” means a natural gas pipeline that offers natural gas transportation services to any third party under a standard set of terms. For the purpose of this division, any common carrier pipeline used for book and claim must be part of a larger network directly or indirectly connected to Oregon.
(89) “Oregon Fuels Reporting System” means the interactive, secured, web-based, electronic data tracking, reporting and compliance system that DEQ develops, manages and operates to support the Clean Fuels Program.
(90) “Oregon Fuels Reporting System reporting deadlines” means the quarterly and annual reporting dates in OAR 340-253-0630 and in 340-253-0650.
(91) “OR-GREET” means the Greenhouse gases, Regulated Emissions, and Energy in Transportation (GREET) model developed by Argonne National Laboratory that DEQ modifies and maintains for use in the Oregon Clean Fuels Program. The most current version is OR-GREET 3.0. DEQ has made available a copy of OR-GREET 3.0 on its website (https://www.oregon.gov/deq/ghgp/cfp/Pages/Clean-Fuel-Pathways.aspx). As used in this rule, OR-GREET refers to both the full model and the fuel-specific simplified calculators that the program has adopted.
(92) “Ocean-Going Vessel” or “OGV” means a commercial, government, or military watercraft meeting any one or more of the following criteria:
(a) A vessel greater than or equal to 400 feet in length overall;
(b) A vessel greater than or equal to 10,000 gross tons pursuant to the convention measurement (international system); or
(c) A vessel propelled by a marine compression ignition engine with a per-cylinder displacement of greater than or equal to 30 liters.
(93) “Physical Transport Mode” means the applicable combination of actual fuel delivery methods, such as truck routes, rail lines, pipelines and any other fuel distribution methods through which the regulated party reasonably expects the fuel to be transported under contract from the entity that generated or produced the fuel to any intermediate entities and ending in Oregon.
(94) “Plug-In Hybrid Electric Vehicle” or “PHEV” means a hybrid vehicle with the capability to charge a battery from an off-vehicle electric energy source that cannot be connected or coupled to the vehicle in any manner while the vehicle is being driven.
(95) “Position holder” means any person that has an ownership interest in a specific amount of fuel in the inventory of a terminal operator. This does not include inventory held outside of a terminal, retail establishments, or other fuel suppliers not holding inventory at a fuel terminal.
(96) “Power Purchase Agreement” means a written agreement between an electricity service supplier and a customer that specifies the source or sources of electricity that will supply the customer.
(97) “Producer” means:
(a) With respect to any liquid fuel and renewable propane, the person who makes the fuel; or
(b) With respect to any biomethane, the person who refines, treats or otherwise processes biogas into biomethane.
(98) “Product transfer document” or “PTD” means a document, or combination of documents, that authenticates the transfer of ownership of fuel between parties and must include all information identified in OAR 340-253-0600(2). A PTD may include bills of lading, invoices, contracts, meter tickets, rail inventory sheets or RFS product transfer documents.
(99) “Public transportation” means regular, continuing shared passenger-transport services along set routes which are available for use by the general public.
(100) “Public transit agency” means an entity that operates a public transportation system.
(101) “Registered party” means a regulated party, credit generator, aggregator, or an out-of-state fuel producer that has a DEQ-approved registration under OAR 340-253-0500(1) to participate in the Clean Fuels Program.
(102) “Regulated fuel” means a transportation fuel identified under OAR 340-253-0200(2) and (3).
(103) “Regulated party” means a person responsible for compliance with requirements listed under OAR 340-253-0100(1).
(104) “Related entity” means any direct parent company, direct subsidiary, or a company with common ownership or control.
(105) “Renewable hydrocarbon diesel” or “renewable diesel” means a diesel fuel that is produced from non-fossil renewable resources but is not a monoalkylester and which is registered as a motor vehicle fuel or fuel additive under Title 40, part 79 of the Code of Federal Regulations. This includes the renewable portion of a diesel fuel derived from co-processing biomass with a petroleum feedstock.
(106) "Renewable hydrocarbon diesel blend" or “renewable diesel blend” means a fuel comprised of a blend of renewable hydrocarbon diesel with petroleum or fossil-based diesel fuel or biodiesel, designated RXX. In the abbreviation RXX, the XX represents the volume percentage of renewable hydrocarbon diesel fuel in the blend.
(107) “Renewable gasoline” means a spark ignition engine fuel that substitutes for fossil gasoline and that is produced from non-fossil renewable resources.
(108) “Renewable propane” means liquefied petroleum gas (LPG, also known as propane) that is produced from non-fossil renewable resources.
(109) “Renewable naphtha” means naphtha that is produced from non-fossil renewable resources.
(110) “Small importer of finished fuels” means any person who imports into Oregon 500,000 gallons or less of finished fuels in a given calendar year, including the aggregate total of finished fuels imported by persons that are related, or share common ownership or control.
(111) “Specified source feedstocks” are feedstocks for fuel pathways that require chain of custody evidence to be eligible for a reduced CI associated with the use of a waste, residue, by-product, or similar material under the fuel pathway certification process under OAR 340-253-0400(6).
(112) “Substitute fuel pathway code” means a fuel pathway code that is used to report transactions that are sales or purchases without obligation, exports, loss of inventory, not for transportation use, and exempt fuel use when the seller of a fuel does not pass along the credits or deficits to the buyer and the buyer does not have accurate information on the carbon intensity of the fuel or its blendstocks.
(113) “Tier 1 calculator”, “Simplified calculator” or “OR-GREET 3.0 Tier 1 calculator” means the tools used to calculate lifecycle emissions for commonly produced fuels, including the instruction manuals on how to use the calculators. DEQ will make available copies of these simplified calculators on its website (https://www.oregon.gov/deq/Pages/index.aspx). The simplified calculators used in the program are:
(a) Tier 1 Simplified Calculator for Starch and Corn Fiber Ethanol;
(b) Tier 1 Simplified CI Calculator for Sugarcane-derived Ethanol;
(c) Tier 1 Simplified CI Calculator for Biodiesel and Renewable Diesel;
(d) Tier 1 Simplified CI Calculator for LNG and L-CNG from North American Natural Gas;
(e) Tier 1 Simplified CI Calculator for Biomethane from North American Landfills;
(f) Tier 1 Simplified CI Calculator for Biomethane from Anaerobic Digestion of Wastewater Sludge;
(g) Tier 1 Simplified CI Calculator for Biomethane from Food, Green and Other Organic Wastes;
(h) Tier 1 Simplified CI Calculator for Biomethane from AD of Dairy and Swine Manure; and
(i) Tier 1 Simplified CI Calculator for Biomethane to Electricity from Anaerobic Digestion of Dairy and Swine Manure.
(114) “Tier 2 calculator” or “OR-GREET 3.0 model” means the tool used to calculate lifecycle emissions for next-generation fuels, including the instruction manual on how to use the calculator. Next-generation fuels include, but are not limited to, cellulosic alcohols, hydrogen, drop-in fuels, or first-generation fuels produced using innovative production processes. DEQ will make available a copy of the Tier 2 calculator on its website (https://www.oregon.gov/deq/Pages/index.aspx).
(115) “Transaction date” means the title transfer date as shown on the PTD.
(116) “Transaction quantity” means the amount of fuel reported in a transaction.
(117) “Transaction type” means the nature of the fuel transaction as defined below:
(a) “Produced in Oregon” means the transportation fuel was produced at a facility in Oregon;
(b) “Import within the bulk system” means the transportation fuel was imported into Oregon and placed into the bulk system;
(c) “Import outside the bulk system” means the transportation fuel was imported into Oregon and delivered outside the bulk system;
(d) “Purchased with obligation” means the transportation fuel was purchased with the compliance obligation passing to the purchaser;
(e) “Purchased without obligation” means the transportation fuel was purchased with the compliance obligation retained by the seller;
(f) “Sold with obligation” means the transportation fuel was sold with the compliance obligation passing to the purchaser;
(g) “Sold without obligation” means the transportation fuel was sold with the compliance obligation retained by the seller;
(h) “Position holder sale without obligation” means the transportation fuel was sold below the rack without a transfer of the compliance obligation;
(i) “Position holder sale with obligation” means the transportation fuel was sold below the rack with a transfer of the compliance obligation;
(j) “Position holder sale for export” means the transportation fuel was sold below the rack to an entity who exported the fuel;
(k) “Purchase below the rack for export” means the transportation fuel was purchased below the rack and exported;
(l) “Export” means a transportation fuel that was reported under the Clean Fuels Program but was later moved from a location inside of Oregon to a location outside of Oregon;
(m) “Loss of inventory” means the fuel exited the Oregon fuel pool due to volume loss, such as through evaporation or due to different temperatures or pressurization, or the fuel was transferred to a new fuel pathway code;
(n) “Gain of inventory” means the fuel entered the Oregon fuel pool due to a volume gain, such as through different temperatures or pressurization, or the fuel was transferred from a different fuel pathway code;
(o) “Not used for transportation” means a transportation fuel that was used in an application unrelated to the movement of goods or people, such as process heat at an industrial facility, home or commercial building heating, or electric power generation;
(p) “EV charging” means providing electricity to recharge EVs including BEVs and PHEVs;
(q) “LPGV fueling” means the dispensing of liquefied petroleum gas at a fueling station designed for fueling liquefied petroleum gas vehicles;
(r) “NGV fueling” means the dispensing of natural gas at a fueling station designed for fueling natural gas vehicles;
(s) "Exempt fuel use - Aircraft", "Exempt fuel use - Racing Activity Vehicles (ORS 801.404)", "Exempt fuel use - Military tactical and support Vehicle and equipment", "Exempt fuel use - Locomotive", "Exempt fuel use - Watercraft", "Exempt fuel use - Farm vehicles, tractors, implements of husbandry", "Exempt fuel use - Motor trucks primary used to transport logs", "Exempt fuel use - Off-highway construction vehicles which must meet OAR 340-253-0250(2)(a)(J)" means that the fuel was delivered or sold into the category of vehicles or fuel users that are exempt under OAR 340-253-0250. Each of these categories is further defined as follows:
(A) “Aircraft” has the same definition as in ORS 836.005;
(B) “Racing Activity Vehicles” has the same definitions in ORS 801.404;
(C) “Military tactical and support vehicle and equipment” means a motor vehicle or equipment designed to be operated in combat or to directly support combat, combat service support, tactical, or relief operations that is owned by the United States Department of Defense, the Oregon Military Department, or another United States military service;
(D) “Railroad Locomotive” means a locomotive operated on and by a railroad as defined in ORS 824.020(2);
(E) “Watercraft” means a vehicle designed for exclusive operation in water;
(F) “Farm Vehicles” means motor vehicles registered as farm vehicles under the provisions of ORS 805.300;
(G) “Tractors” means Farm Tractors as defined in ORS 801.265;
(H) “Implements of Husbandry” has the same definition as in ORS 801.310;
(I) “Motor trucks primary used to transport logs” means motor trucks, as defined in ORS 801.355, used primarily to transport logs; and
(J) “Off-highway construction vehicles” means motor vehicles that are not designed primarily to transport persons or property, that are operated on highways only incidentally and that are used primarily for construction work;
(t) “Importing production for import gallons inside of the bulk system” means reporting the Import into Oregon of fuel from outside of Oregon into the bulk system; and
(u) “Importing production for import gallons outside of the bulk system” means reporting the import into Oregon of fuel from outside of Oregon outside of the bulk system.
(118) “Transportation fuel” means gasoline, diesel, any other flammable or combustible gas or liquid, and electricity that can be used as a fuel for the operation of a motor vehicle. Transportation fuel does not mean unrefined petroleum products.
(119) “Unit of fuel” means fuel quantities expressed to the largest whole unit of measure, with any remainder expressed in decimal fractions of the largest whole unit.
(120) “Unit of measure” means either:
(a) The International System of Units defined in NIST Special Publication 811 (2008) commonly called the metric system;
(b) US Customer Units defined in terms of their metric conversion factors in NIST Special Publications 811 (2008); or
(c) Commodity Specific Units defined in either:
(A) The NIST Handbook 130 (2015), Method of Sale Regulation; or
(B) OAR chapter 603, division 027.
(121) “Unspecified source of electricity” or “unspecified source” means a source of electricity that is not a specified source at the time of entry into the transaction to procure the electricity. Such electricity will be assigned an emissions factor of 0.428 metric tons per megawatt-hour.
(122) “Utility Renewable Electricity Product” means a product where a utility customer has elected to purchase renewable electricity through a product that retires renewable energy credits (RECs) or represents a bundled purchase of renewable electricity and its RECs.
[NOTE: Publications referenced are available from the agency.]
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 7-2021, amend filed 03/26/2021, effective 03/26/2021
DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020
DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019
DEQ 160-2018, minor correction filed 04/12/2018, effective 04/12/2018
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