Public comment period open for Renewable Fuel Standard administrative rules

News Article

The public comment period on proposed administrative rules for the updated Renewable Fuel Standard (PCC 16.60, Motor Vehicle Fuels) is open through 11:59 p.m. on Tuesday, August 13, 2024.

The public is invited to submit comment on the proposed administrative rules for the updated Renewable Fuel Standard. Since interim rules were adopted on May 15, 2024, BPS has received consistent feedback from covered entities on a wide variety of implementation issues related to the RFS. This public comment period seeks input on proposed changes BPS has made to the administrative rules in response. This rulemaking process will result in permanent rules effective upon adoption.

The most significant changes include:

• Addition of new program registration requirements, along with changes to the process to select and change compliance options.
• Improvements to the book and claim compliance option, including adding position holders, requiring a book and claim agreement with additional guidance, and updated calculations for quarterly reporting.
• Addition of delivered fuel summary as a third compliance option.
• Expanded product transfer document (PTD) compliance option to allow wholesale purchase consumers to use a supplier contract and clarified that Fuel Pathway Codes are only needed on one PTD per delivery.
• Guidance on carbon intensity (CI) values for comingled storage tanks and exclusion of Oregon DEQ Substitute CI Values.

Additional changes were made to clarify definitions and minimum biofuel content requirements, flexibility was added for records keeping, and compliance obligations for covered entities were waived through June 30, 2024. The deadline to submit book and claim written agreements has also been extended until September 1, 2024. In addition, there are numerous non-substantive formatting, text, and punctuation changes for consistency with other City policy documents.

Submit public comment

Policy History

In December 2022, Portland City Council unanimously adopted amendments to the RFS, which regulates the volume of low-carbon biofuels blended with gasoline and diesel fuel sold in the city of Portland. The policy intent is to phase out petroleum diesel sold in Portland and replace it with 99 percent renewable fuels by 2030. Portland's policy uniquely includes a carbon intensity standard, to ensure that the renewable fuels sold here will be lower carbon across their entire lifecycle.

The new diesel fuel sales standards went into effect on July 1, 2024, when retailers were required to begin selling diesel with a biofuel content of 15% and that meets the carbon intensity standard. Administrative Rules were adopted on March 13, 2024. Interim Rules went into effect on May 15, 2024. This administrative rule update seeks to make the interim rules permanent.

Process

Interviews were conducted with a variety of stakeholders, including government agencies, fuel importers, fuel distributors, and fuel retailers to inform the rulemaking process. On Tuesday, August 6, BPS will hold a public meeting to gain additional input on the proposed administrative rule updates.