340-258-0230 Oxygenated Gasoline: Prohibited Activities (1) During the control period, no refiner, importer, oxygenate blender, carrier, distributor or reseller may manufacturer, sell, offer for sale, dispense, supply, offer for supply, store, transport or cause the transportation of: (a) Gasoline that contains less than 2.0 percent oxygen by weight, for use during the control period, in a control area; or (b) Gasoline represented as oxygenated which has an oxygen content that is improperly stated in the documents that accompany the gasoline. (2) No retailer or wholesale purchaser-consumer may dispense, offer for sale, sell, or store, for use during the control period, gasoline that contains less than 2.7 percent oxygen by weight in a control area when supplied by a CAR using the Per Gallon Oxygen Content Standard or less than 2.0 percent oxygen by weight in a control area when supplied by a CAR using the Average Oxygen Content Standard. (3) No person may operate as, or claim to be a CAR or blender CAR unless that person is registered by the Department under OAR 340-252-0180. No CAR or blender CAR may offer for sale, store, sell or dispense gasoline to any person who is not registered as a CAR for use in a control area, unless: (a) The oxygen content of the gasoline during the control period or averaging period meets the standard set in OAR 340-258-0140 or 340-258-0150, and 340-258-0160, as applicable; and (b) The gasoline contains at least: (A) 2.7 percent oxygen by weight when the Per Gallon Oxygen Content Standard is used, except as required by OAR 340-258-0310; (B) 2.0 percent oxygen by weight when the Average Oxygen Content Standard is used. (4) For a terminal that sells or dispenses gasoline intended for use in a control area during the control period, the terminal owner or operator may not accept gasoline into the terminal unless: (a) Transfer documentation accompanies it containing information required by OAR 340-258-0220(3); and (b) The terminal owner or operator conducts a quality assurance program to verify the accuracy of the information referred to in subsection (a) of this section. (5) No person may sell, store or dispense non oxygenated gasoline in any control area during the control period unless: (a) The non oxygenated gasoline is segregated from oxygenated gasoline; (b) Clearly marked documents accompany the non oxygenated gasoline marking it as “non oxygenated gasoline, not for sale to an ultimate consumer in a control area”; and (c) The non oxygenated gasoline is in fact not sold or dispensed to ultimate consumers during the control period, in the control area. (6) No person subject to the requirements of OAR 340-258-0110 through 340-258-0310 may fail to comply with the requirements of 340-258-0110 through 340-258-0310. (7) No person may sell, store, dispense, or transfer oxygenated gasoline, except for use by the ultimate consumer at a retail outlet or wholesale purchaser-consumer facility, without transfer documents that accurately contain the information required by OAR 340-2582-0220(3). (8) Any CAR, distributor or retail outlet that does not have a valid terminal permit may not market gasoline for use in a control area during the control period unless a prior owner of the gasoline has a valid terminal permit as required by OAR 340-258-0200. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 177-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0570 DEQ 15-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92