Rulemaking

Adopted rule

Administrative Order No. DEQ 3-2015
Filed Jan. 8, 2015. Effective Feb. 1, 2015

See Oregon Bulletin - February 2015

 
Cory Ann Wind, 503-229-5388

DEQ proposes to amend and adopt Oregon Clean Fuels Program rules under division 253 of chapter 340 of the Oregon Administrative Rules. The proposed phase 2 rules would:
 
  • Implement House Bill 2186, originally passed in 2009.
  • Establish clean fuel standards to reduce greenhouse gas emissions from Oregon’s transportation fuels by 10 percent over a 10-year period.
  • Require importers of transportation fuels to reduce the average carbon intensity of fuels they provide in Oregon to meet the annual clean fuel standards.
  • Allow providers of clean fuels to generate and sell clean fuel credits for the fuels they provide in Oregon.
  • Modify the definition of fuel importer to be the owner of the fuel when it crosses into Oregon.
  • Establish fuel supply and fuel price deferrals to contain the Clean Fuels Program’s costs.
About the Rulemaking

The Oregon Clean Fuels Program, approved by the 2009 Oregon Legislature, aims to reduce Oregon’s greenhouse gas pollution by lowering the carbon content of transportation fuel used in the state. In addition to carbon reduction, the Clean Fuels Program helps Oregon reduce the state’s dependence on traditional petroleum fuels. DEQ is currently implementing the program’s first phase, which entails collection of data from fuel importers and producers. Oregon’s Environmental Quality Commission adopted rules for the first phase of the Oregon Clean Fuels program in December 2012 and amended them in December 2013.


In February 2014 Gov. John Kitzhaber directed DEQ to draft rules for the next phase of the Clean Fuels Program, which include the requirement to reduce the carbon content of Oregon’s transportation fuels. The new rulemaking will build on the existing rules designed by DEQ and its Low Carbon Fuel Standards Advisory Committee in 2010 and 2011. It will establish key requirements for implementing the next phase of the Clean Fuels Program, including:

  • Carbon reduction standards and compliance options
  • Obligations for fuel importers and producers
  • Metrics/mechanisms for monitoring and managing fuel supplies and prices
  • Periodic program reviews

Background materials for Advisory Committee

House Bill 2186
Low Carbon Fuel Standards Advisory Committee - Final Report
Economic Impact Analysis of the Low Carbon Fuel Standard Rule for the State of Oregon
Starting Draft Rules
Policy Issues Crosswalk

Committee Members

June 26, 2014 - DEQ Headquarters
Agenda
Includes all agenda items A-I
Aug. 5, 2014 - DEQ Headquarters
 

 

The advisory committee meetings are open to the public and accessible via call-in number. They will be scheduled from 9:00 a.m. to 4:00 p.m. unless stated otherwise in the meeting agenda. The meetings will be advertised on DEQ's webpage.
 
Joining the meeting?
Call-In Meeting Number: 877-411-9748
Participant Code: 9915741

Public involvement

Comments on this rulemaking closed on Nov. 25, 2014.
Note: This is a large PDF portfolio of comments received during the comment period. If you have trouble opening the document directly, right-click on the link above and select "Save Target As," then save locally and open to view the PDF.
 
Includes Invitation to Comment, notice, and proposed rules

EQC action

Meeting held Jan. 7, 2015
Resolution: Adopted Rules / Minutes / Audio