Changes in Ownership and Cessation of Reporting Requirements
(1)Cessation of reporting for reduced emissions.
(a)A regulated entity is no longer required to report if the regulated entity retains records as required in subsection (b), makes the report required in subsection (c), and if any of the following are applicable:
(A)Direct total reported emissions for air contamination sources required to register and report under OAR 340-215-0030 (Applicability)(2) are less than 2,500 MT CO2e per year for a consecutive three year period. If total reported emissions for an air contamination source meets or exceeds 2,500 MT CO2e in any year after the reporting cessation requirements have been met, persons that own or operate the air contamination source must resume reporting as required under this division;
(B)Fuel suppliers, including natural gas suppliers, and in-state producers that cease to supply fuel in Oregon after submitting an emissions data report for the year in which they ceased to supply fuel in Oregon, provided that:
(i)Fuel suppliers and in-state producers that cease to have a reporting obligation due to a change in ownership or sale or relinquishment of a permanent inventory position at a terminal must continue to report emissions from the reportable fuel transactions that occurred within the calendar year prior to the change; and
(ii)If a fuel supplier or in-state producer supplies fuel in Oregon in any year after the reporting cessation requirements have been met, the fuel supplier must resume reporting as required under this division;
(C)Electricity suppliers that cease to supply electricity in Oregon, after submitting an emissions data report for the year in which they ceased to supply electricity in Oregon. If an electricity supplier provides electricity in Oregon in any year after the reporting cessation requirements have been met, the electricity supplier must resume reporting as required under this division.
(b)Persons that cease reporting under this section and are no longer subject to reporting under this division must retain the records required under OAR 340-215-0042 (Recordkeeping Requirements) for a period of five years following the last year that they were subject to reporting, including all production information, fuel use records, emission calculations and other records used to document greenhouse gas emissions. Persons meeting cessation requirements specified in paragraph (1)(a)(A) must retain records for each of the three consecutive years that the person does not meet or exceed the emission threshold for a period of five years following the last year they met the cessation requirements; and
(c)Persons that meet the applicable cessation of reporting requirements of this section must notify DEQ in writing of their reason(s) for ceasing to report no later than the applicable reporting deadline for the year.
(2)Cessation of reporting for shut down air contamination sources. If the operations of an air contamination source are changed such that all applicable greenhouse gas emitting processes and operations cease to operate or are shut down, then:
(a)The person that owns or operates the air contamination source must submit an emissions data report for the year in which the source’s greenhouse gas emitting processes and operations ceased to operate;
(b)The person that owns or operates the air contamination source must submit a written notification to DEQ that announces the cessation of reporting and certifies to the cessation of all greenhouse gas emitting processes and operations no later than the reporting deadline of the year following the cessation of operations or permanent shutdown; and
(c)This section does not apply to seasonal operational cessations, other temporary cessation of operations, or solid waste disposal facilities that are required to report under 40 C.F.R. part 98.
(3)Changes in ownership or operational control. If a regulated entity undergoes a change of ownership or operational control, the following requirements apply regarding reporting and providing notice to DEQ:
(a)The new person that owns or operates the regulated entity must notify DEQ in writing of the ownership or operational control change, including providing the following information: the name of the previous owner or operator; the name of the new owner or operator; date of ownership or operator change, and name of a new designated representative.
(b)Reporting responsibilities. Except as specified in paragraph (B) below and OAR 340-215-0034 (Changes in Ownership and Cessation of Reporting Requirements)(1)(a)(B)(i), the person that owns or operates the regulated entity at the time of a reporting deadline specified in this division has the responsibility for complying with the requirements of this division, and:
(A)If an ownership change takes place during the year, reported data must not be split or subdivided for the year, based on ownership. A single annual emissions data report must be submitted by the current owner or operator; and
(B)Fuel suppliers that cease to have emissions subject to reporting under this division as a result of an ownership change that affects supplier operations retain the responsibility for complying with the requirements of this division.
(4)Any person specified in OAR 340-215-0030 (Applicability) that has ceased reporting under this rule must resume reporting for any future year during which any of the greenhouse gas emitting processes or operations resume operation and are subject to reporting as required by this division.
Rule 340-215-0034 — Changes in Ownership and Cessation of Reporting Requirements,