OAR 340-012-0150
Determination of Economic Benefit

(1)

The Economic Benefit (EB) is the approximate dollar value of the benefit gained and the costs avoided or delayed (without duplication) as a result of the respondent’s noncompliance. Except as provided in (3), the EB will be determined using the U.S. Environmental Protection Agency’s BEN computer model. DEQ may make, for use in the model, a reasonable estimate of the benefits gained and the costs avoided or delayed by the respondent.

(2)

Upon request of the respondent, DEQ will provide the name of the version of the model used and respond to any reasonable request for information about the content or operation of the model. The model’s standard values for income tax rates, inflation rate and discount rate are presumed to apply to all respondents unless a specific respondent can demonstrate that the standard value does not reflect the respondent’s actual circumstance.

(3)

For violations of the Clean Fuels Program in OAR Chapter 340, division 253, DEQ will determine economic benefit according to subsections (a),(b), or (c), with interest and other considerations as needed to properly capture the full economic benefit of the violation.

(a)

the actual purchase or sale price of the credits, or the implied value of the credits in a fuel transaction, when a transaction has been completed, if DEQ has sufficient information to determine it; or

(b)

the average price of credits purchased or sold in the Clean Fuels Program market as published by DEQ for the time period relevant to the violation; or

(c)

the Credit Clearance Market maximum credit price as calculated under OAR 340-253-1040 (Credit Clearance Market), where a transaction has not been completed or DEQ has insufficient information to determine the price of the credits.

(4)

DEQ need not calculate EB if DEQ makes a reasonable determination that the EB is de minimis or if there is insufficient information on which to make an estimate under this rule.

(5)

DEQ may assess EB whether or not it assesses any other portion of the civil penalty using the formula in OAR 340-012-0045 (Civil Penalty Determination Procedure).

(6)

DEQ’s calculation of EB may not result in a civil penalty for a violation that exceeds the maximum civil penalty allowed by rule or statute. However, when a violation has occurred or been repeated for more than one day, DEQ may treat the violation as extending over at least as many days as necessary to recover the economic benefit of the violation.

Source: Rule 340-012-0150 — Determination of Economic Benefit, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-012-0150.

340‑012‑0026
Policy 340‑012‑0028
Scope of Applicability 340‑012‑0030
Definitions 340‑012‑0038
Warning Letters, Pre-Enforcement Notices, and Notices of Permit Violation 340‑012‑0041
Formal Enforcement Actions 340‑012‑0045
Civil Penalty Determination Procedure 340‑012‑0053
Classification of Violations that Apply to all Programs 340‑012‑0054
Air Quality Classification of Violations 340‑012‑0055
Water Quality Classification of Violations 340‑012‑0060
Onsite Sewage Disposal Classification of Violations 340‑012‑0065
Solid Waste Management Classification of Violations 340‑012‑0066
Solid Waste Tire Management Classification of Violations 340‑012‑0067
Underground Storage Tank (UST) Classification of Violations 340‑012‑0068
Hazardous Waste Management and Disposal Classification of Violations 340‑012‑0071
Polychlorinated Biphenyl (PCB) Classification of Violations 340‑012‑0072
Used Oil Management Classification of Violations 340‑012‑0073
Environmental Cleanup Classification of Violations 340‑012‑0074
Underground Storage Tank (UST) Cleanup Classification of Violations 340‑012‑0079
Heating Oil Tank (HOT) Classification of Violations 340‑012‑0081
Oil and Hazardous Material Spill and Release Classification of Violations 340‑012‑0082
Contingency Planning Classification of Violations 340‑012‑0083
Ballast Water Management Classification of Violations 340‑012‑0097
Dry Cleaning Classification of Violations 340‑012‑0130
Determination of Violation Magnitude 340‑012‑0135
Selected Magnitude Categories 340‑012‑0140
Determination of Base Penalty 340‑012‑0145
Determination of Aggravating or Mitigating Factors 340‑012‑0150
Determination of Economic Benefit 340‑012‑0155
Additional or Alternate Civil Penalties 340‑012‑0160
DEQ Discretion Regarding Penalty Assessment 340‑012‑0162
Inability to Pay the Penalty 340‑012‑0165
Stipulated Penalties 340‑012‑0170
Compromise or Settlement of Civil Penalty by DEQ
Last Updated

Jun. 8, 2021

Rule 340-012-0150’s source at or​.us