340-258-0010 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. (1) “Attest Engagement” means a review of nonfinancial records by a CPA. (2) “Averaging Period” means the period of time over which all gasoline sold or dispensed for use in a control area by any control area responsible party must comply with the average oxygen content standard. (3) “Blend” means regular, unleaded, supreme or other trade names for gasoline products containing differing levels of octane. (4) “Blender Control Area Responsible Party (Blender CAR)” means a person who owns oxygenated gasoline which is sold or dispensed from a control area oxygenate blending facility. (5) “Bulk gasoline terminal” means a gasoline storage facility which receives gasoline from refineries primarily by pipeline, ship, or barge, and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by tank truck. (6) “Carrier” means any person who transports, stores, or causes the transportation or storage of gasoline at any point in the gasoline distribution network, without taking title to or otherwise having ownership of the gasoline and without altering the quality or quantity of the gasoline. (7) “Control Area” means a geographic area listed in OAR 340-204-0090 in which only gasoline that meets the requirements of 340-258-0110 through 340-258-0310 may be sold or dispensed. (8) “Control Area Oxygenate Blending Facility” means any facility or truck at which oxygenate is added to gasoline that is intended for use in any control area, and at which the quality and quantity of gasoline is not otherwise altered, except through the addition of deposit-control additives. (9) “Control Area Responsible Party (CAR)” means a person who owns gasoline and/or oxygenates that is sold or dispensed from a control area terminal. (10) “Control Area Terminal” means a terminal storage facility that is capable of receiving gasoline in bulk by pipeline or marine vessel, or at which gasoline is altered either in quantity or quality, excluding the addition of deposit control additives. Gasoline that is intended for use in any control area is sold or dispensed into trucks at these control area terminals. (11) “Control Period” means the period from November 1 through February 29, during which oxygenated gasoline must be sold or dispensed within the control area. (12) “Department” means the Department of Environmental Quality. (13) “Distributor” means a person who transports or stores or causes the transportation or storage of gasoline at any point between a gasoline refinery or importer’s facility and any retail outlet or wholesale purchaser-consumer’s facility. (14) “EPA” means the U.S. Environmental Protection Agency. (15) “EPA Substantially Similar Ruling” means a fuel or fuel additive for general use in light-duty vehicles manufactured after the model year 1974, that is substantially similar to a fuel or fuel additive used to certify a model year 1975 or newer vehicle or engine under 42 U.S.C. 7525 (Clean Air Act, Section 206), as amended through November 15, 1990 and any amendments or modifications thereto, and as specified in EPA’s Interpretative Ruling at 56 Federal Register 5352–5356, revised through February 11, 1991, and that the EPA has ruled meets the following criteria: (a) The fuel contains carbon, hydrogen, and any or all of the elements of oxygen, nitrogen, or sulfur exclusively, with the exception of trace levels of impurities which produce gaseous combustion products, in the form of some combination of: (A) Hydrocarbons; (B) Aliphatic ethers; (C) Aliphatic alcohols other than methanol; (D) Up to 0.3 percent methanol by volume; (E) Up to 2.75 percent methanol by volume with an equal amount of butanol, or high molecular weight alcohol; or (F) A fuel additive at a concentration of no more than 0.25 percent by weight which contributes no more than 15 ppm sulfur by weight to the fuel. (b) The fuel contains no more than 2.0 percent oxygen by weight, except that fuels containing aliphatic ethers and/or alcohols (except methanol) must contain no more than 2.7 percent oxygen by weight; (c) The fuel possesses, at the time of manufacture, the physical and chemical characteristics of an unleaded gasoline as specified by ASTM Standard D4814-88 for at least one of the Seasonal and Geographical Volatility Classes specified in the standard; and (d) The fuel contains only: (A) Carbon; (B) Hydrogen; and (C) Any or all of the following elements: oxygen, nitrogen and sulfur. (16) “EPA Waiver” means any current motor fuel waivers granted by the U.S. Environmental Protection Agency under authority of 42 U.S.C. 745(f)(4) (Clean Air Act, Section 211), as amended through November 15, 1990 and any amendments or modifications thereto. (17) “Gasoline” means: (a) As used in OAR 340-258-0100 through 340-258-0310 any fuel sold for use in motor vehicles and motor vehicle engines and commonly or commercially known or sold as gasoline; (b) As used in OAR 340-258-0400 any petroleum distillate having a Reid vapor pressure of 27.6 kPa (4.0 psi) or greater which is used to fuel internal combustion engines. (18) “Motor Vehicle” means any self-propelled vehicle designed and used for transporting persons or property on a street or highway. (19) “Non oxygenated Gasoline” means any gasoline which does not meet the definition of oxygenated gasoline. (20) “Oxygen Content of Gasoline Blends” means the percentage of oxygen by weight contained in a gasoline blend, based upon its percentage oxygenate by volume, excluding denaturants and other non-oxygen-containing components. All measurements must be adjusted to 60° F. (21) “Oxygenate” means any substance which, when added to gasoline, increases the amount of oxygen in that gasoline blend. Lawful use of any combination of these substances requires that they be “Substantially Similar” under Section 211(f)(1) of the Clean Air Act (CAA), or be permitted under a waiver granted by the Administrator of the Environmental Protection Agency under the authority of Section 211(f)(4) of the CAA. (22) “Oxygenate Blender” means a person who owns, leases, operates, controls, or supervises a control area oxygenate blending facility. (23) “Oxygenated Gasoline” means any gasoline which when supplied on a per gallon basis contains at least 2.7 percent oxygen by weight, except where otherwise required by OAR 340-258-0310, or which when supplied using the averaging method contains at least 2.0 percent oxygen by weight, and has been included in the oxygenated gasoline program accounting by a control area responsible party and which is intended to be sold or dispensed for use in any control area during a control period. (24) “Permitted Control Area Responsible Parties” means any owner of gasoline being imported or sold at or from a terminal who obtains a terminal operator permit to market gasoline in a control area during the control period. (25) “Refiner” means a person who owns, leases, operates, controls, or supervises a refinery that produces gasoline for use in a control area. (26) “Refinery” means a plant at which gasoline is produced. (27) “Reseller” means a person who purchases gasoline and resells or transfers it to a retailer or wholesale purchaser-consumer. (28) “Retail Outlet” means any establishment at which gasoline is sold or offered for sale to the ultimate consumer for use in motor vehicles. (29) “Retailer” means any person who owns, leases, operates, controls, or supervises a retail outlet. (30) “Substantially Similar” means EPA substantially similar ruling. (31) “Terminal” means a facility capable of receiving gasoline by pipeline or marine vessel at which gasoline is sold, or dispensed into trucks for transportation to retail outlets or wholesale purchaser-consumer facilities. (32) “Wholesale Purchaser-Consumer” means any organization that is an ultimate consumer of gasoline and which purchases or obtains gasoline from a supplier for use in motor vehicles and receives delivery of that product into a storage tank of at least 550 gallon capacity substantially under the control of that organization. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 174-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0450 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