Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 272 - THIRD PARTY VERIFICATION
Section 340-272-0350 - DEQ Review and Approval of Verification and Re-verification Requirements
Universal Citation: OR Admin Rules 340-272-0350
Current through Register Vol. 63, No. 12, December 1, 2024
(1) DEQ review of verification.
(a) In addition to any other
enforcement authority DEQ may have, DEQ retains full authority in determining
whether to approve, modify, or reject any verification statement submitted to
DEQ for a report or fuel pathway application by a verification body on behalf
of a responsible entity under this division.
(b) DEQ may issue an adverse verification
statement for a report or fuel pathway application if it has information to
support such a conclusion, even if it has received a positive verification
statement from a verification body.
(c) DEQ may also issue an adverse
verification statement for:
(A) Failure to
submit a complete or accurate fuel pathway application or annual or quarterly
report in a timely manner;
(B)
Failure to conduct or complete third-party verification as required by this
division; or
(C) Any other
violation of this division, OAR chapter 340, division 215, or OAR chapter 340,
division 253.
(2) Re-verification requirements.
(a) If a verification body submits a positive
or qualified positive verification statement to DEQ, DEQ may require the
applicable responsible entity to have a report or fuel pathway application
re-verified by a different verification body within 90 days if:
(A) DEQ finds a high level of conflict of
interest existed between a verification body and a responsible
entity;
(B) DEQ finds a potential
conflict of interest has arisen between the responsible entity and the
verification body or any verifier engaged by the responsible entity to perform
verification through monitoring as required under OAR
340-272-0500(8);
(C) DEQ makes a determination that any of the
bases for modification, suspension, or revocation of DEQ approval under OAR
340-272-0220(3)(a)
for a verification body or verifier engaged by the responsible entity to
perform verification have occurred, and impacted the verification services
provided, or impacted the verification statement(s) submitted to DEQ;
(D) An error is identified that affects the
emissions in an emissions data report(s) submitted under OAR chapter 340,
division 215, or the credit or deficit calculations in a CFP report(s) or fuel
pathway application(s) submitted under OAR chapter 340, division 253;
or
(E) A report that received a
positive or qualified positive verification statement fails DEQ verification or
audit under OAR 340-272-0355.
(b) If DEQ identifies an error and
determines that the error does not affect the emissions in an emissions data
report, or the credit or deficit calculations in a CFP report or fuel pathway
application, a correction may be made by the responsible entity without DEQ set
aside of the positive or qualified positive verification statement.
(c) A verification body may not continue to
provide verification services to a responsible entity, and the responsible
entity must have any report(s) or fuel pathway application(s) verified by a
different verification body, upon receiving notification from the verification
body with which it is currently engaged to provide verification services of
either of the following:
(A) A modification to
DEQ approval of the verification body or any members of the verification team
that is relevant to the verification services being performed; or
(B) Suspension or revocation of DEQ approval
of the verification body or any members of the verification team.
(d) A responsible entity that must
have a report or fuel pathway application verified by a different verification
body according to subsection (c) may contact DEQ to request an extension if it
believes it cannot meet the applicable verification deadline under OAR
340-272-0100(3)
and it must receive written approval from DEQ of any extended
deadline(s).
Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280
Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 through 468A.277 & 468A.280
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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