justicedao/ipfs_state_laws huggingface dataset:
340-258-0110 Oxygenated Gasoline: Purpose and General Requirements (1) Pursuant to ORS 468A.420, OAR 340-258-0100 through 340-258-0310 apply to: (a) A person who refines, distributes, blends, supplies, sells, offers for sale, or otherwise markets gasoline for use in motor vehicles; and (b) Permitted control area responsible parties who own gasoline being imported or being sold at or from terminals who market gasoline. (2) Except as provided in OAR 340-258-0300, the requirements of 340-258-0110 through 340-258-0310 apply only from November 1 to February 29, and only within a control area listed in 340-204-0090. (3) The labeling requirements of OAR 340-258-0300 apply only within a control area during the control period. NOTE: This applies only to the Department rules and a dispenser is still responsible for complying with the disclosure requirements of ORS 646.915. (4) To reduce carbon monoxide air pollution from motor vehicles in a control area, OAR 340-258-0110 through 340-258-0310 requires: (a) The dispensing into gasoline powered motor vehicles of an oxygenated gasoline with an oxygen content that meets the requirements of OAR 340-258-0140 or 340-258-0150, and 340-258-0160, as applicable; (b) That a dispenser where an oxygenated gasoline is dispensed be labeled as required by OAR 340-258-0300; (c) That oxygenated gasoline be blended as required by OAR 340-258-0170; and (d) A person who refines, distributes, blends, supplies, or sells an oxygenated gasoline to meet the recordkeeping and reporting requirements of OAR 340-258-0110 through 340-258-0310. (5) Nothing in OAR 340-258-0110 through 340-258-0310 precludes a person from using, refining, distributing, blending, supplying, selling, or otherwise marketing fuel that meets the requirements of OAR 340-258-0110 through 340-258-0310: (a) Between March 1 and October 31 in a control area; or (b) At any time in any other location statewide. (6) Nothing in OAR 340-258-0110 through 340-258-0310 precludes a person from using, refining, distributing, blending, supplying, selling, or otherwise marketing non oxygenated fuel: (a) Between November 1 and February 29 outside of control areas; (b) At dispensing facilities where motor vehicles are not fueled. (7) Except as provided in OAR 340-258-0230, the following dispensing sites are exempt from 340-258-0110 through 340-258-0310 and may dispense non oxygenated gasoline in control areas during control periods if fuel will not be used in motor vehicles, including but not limited to: Airports, marinas, saw shops, farms dispensing to farm equipment not used as a motor vehicle, and other facilities not dispensing fuel into motor vehicles. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 175-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0460 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
340-258-0120 Oxygenated Gasoline: Sampling and Testing for Oxygen Content (1) To determine compliance with the requirements of OAR 340-258-0110 through 340-258-0310, the oxygen content of gasoline must be determined by: (a) Sampling, using the sampling methods specified in 40 CFR 80, Appendix D, as amended through July 1, 1991, the provisions of which are incorporated by reference in this rule, to obtain a representative sample of the gasoline to be tested; (b) Testing, using the test method specified in ASTM 4815-89 or other test methods determined by the Department and EPA as being equivalent, to determine the mass concentration of each oxygenate in the gasoline sampled; and (c) Oxygen content calculations that are made as follows: Calculate the oxygen content of the gasoline sampled by multiplying the volume concentration of each oxygenate in the gasoline sampled by the oxygen molecular weight contribution of the oxygenate set forth in section (2) of this rule, with volume measurements adjusted to 60 degrees F. (2) The oxygen molecular weight contributions of an oxygenate approved for use under OAR 340-258-0110 through 340-258-0310 are set out in Table A. [Table not included. See ED. NOTE.] [NOTE: Referenced publications not attached below are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0490 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 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
340-258-0130 Oxygenated Gasoline: Compliance Options Each CAR or blender CAR must comply with applicable oxygen content standards set out in OAR 340-258-0140(1), 340-258-0150(1), and 340-258-0170 by means of either the per gallon compliance option established in 340-258-0140 or the averaging method compliance option established in 340-258-0150. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0500 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
340-258-0140 Oxygenated Gasoline: Per Gallon Oxygen Content Standard (1) All gasoline sold or dispensed for use during the control period described in OAR 340-258-0110(2), for use in each control area described in 340-204-0090, by each CAR or blender CAR using the Per Gallon Oxygen Content Standard Compliance Option, must be blended to contain not less than 2.7 percent oxygen by weight, except where otherwise required by 340-258-0310. Oxygen content calculations must be performed as required in 340-258-0120. (2) Compliance calculation on a per gallon basis: (a) Each gallon of gasoline sold or dispensed by a CAR or blender CAR for use within each control area during the control period shall have an oxygen content of at least 2.7 percent by weight, except where otherwise required by OAR 340-258-0310; (b) In addition, the CAR or blender CAR is prohibited from selling or purchasing oxygen credits based on gasoline for which compliance is calculated under this alternative per gallon method. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0503 DEQ 15-1993, f. & cert. ef. 11-4-93
340-258-0160 Oxygenated Gasoline: Minimum Oxygen Content (1) Any gasoline sold or dispensed by a CAR or a blender CAR for use within a control area during the control period, must contain not less than the minimum percent oxygen by weight allowed in the Oxygen Content Standard listed below, except where otherwise required by OAR 340-258-0310: (a) Minimum oxygen content when using the Per Gallon Oxygen Content Standard Compliance Option is 2.7 percent oxygen by weight, unless it is sold or dispensed to another registered CAR or blender CAR. This requirement begins no less than five working days before the control period and applies until the end of that period; (b) Minimum oxygen content when using the Average Oxygen Content Standard Compliance Option is 2.0 percent oxygen by weight, unless it is sold or dispensed to another registered CAR or blender CAR. This requirement begins at least five working days before the control period and applies until the end of that period. (2) The requirements of this rule apply to all persons downstream of the CAR. Any gasoline offered for sale, sold or dispensed to an ultimate consumer within a control area must contain not less than: (a) 2.7 percent oxygen by weight when supplied by a CAR or blender CAR who uses the Per Gallon Oxygen Content Standard Compliance Option, except where otherwise required by OAR 340-258-0310. This requirement applies during the entire control period; (b) 2.0 percent oxygen by weight when supplied by a CAR or blender CAR who uses the Average Oxygen Content Standard Compliance Option. This requirement applies during the entire control period. (3) A refiner or importer shall determine the oxygen content of gasoline produced by use of an applicable method described in OAR 340-258-0130. This determination must include the percent oxygenate by weight, the type of oxygenate and percent by volume. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0510 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
340-258-0180 Oxygenated Gasoline: Registration (1) At least 30 days before the control period in which a person meets the definition of CAR or blender CAR, that person shall petition for registration as a CAR or blender CAR. A person may petition for registration as a CAR or blender CAR after the beginning of the control period but should also do so at least 30 days before conducting activities as a CAR or blender CAR. A petition for registration must be on forms approved by, and available from the Department, and must include: (a) The name and business address of the control area responsible party; (b) The address and physical location of each of the control area terminals from which the control area responsible party operates; (c) The address and physical location of each control area oxygenate blender facility which is owned, leased, operated, controlled or supervised by a blender CAR; and (d) The address and physical location where documents required to be retained by this rule will be kept by the control area responsible party. (2) Within 30 days after any occasion when the registration information previously supplied by a control area responsible party becomes incomplete or inaccurate, the CAR or blender CAR shall submit updated registration information to the Department. (3) The Department will issue each CAR or blender CAR a unique identification number within 30 days after submission of a registration application to the Department. No person may participate in the averaging program under OAR 340-258-0150 as a CAR or blender CAR until the Department has issued notice that registration as a CAR or blender CAR has occurred, and a unique CAR identification number. Registration is valid for the time period specified by the Department. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0530 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
340-258-0190 Oxygenated Gasoline: CAR, Distributor and Retail Outlet Operating Permits Each CAR, distributor and retail outlet supplying gasoline to a control area during a control period shall apply for and receive a permit as specified by OAR 340-258-0200. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0540 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92
340-258-0200 Oxygenated Gasoline: Owners of Gasoline at Terminals, Distributors and Retail Outlets Required to Have Indirect Source Operating Permits The owner of gasoline at any gasoline terminal, distributor or retail outlet (defined in OAR 340-258-0010) shall not supply gasoline to any oxygenated gasoline control area during the control period (defined in 340-258-0010) without an approved Indirect Source Operating Permit issued by the Department or Regional Authority having jurisdiction: (1) An Indirect Source Operating Permit must be renewed yearly, prior to supplying any gasoline to an oxygenated gasoline control area during the control period. (2) Persons applying for an Indirect Source Operating Permit shall at the time of application pay the following fees: (a) Gasoline Terminals — $2,500; (b) Gasoline Distributors — $250. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.040 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0136 DEQ 25-1994, f. & cert. ef. 11-2-94 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92
340-258-0220 Oxygenated Gasoline: Reporting (1) Each CAR or blender CAR shall submit a report for each control period defined in OAR 340-258-0110(2), reflecting the compliance information detailed in 340-258-0140 or 340-258-0150, as applicable. Reports are due to the Department on the 30th day of the month following the close of the control period for which the information is required. Reports must be filed on forms provided by the Department. (2) If the CO Contingency Provision, as specified in OAR 340-258-0310, is triggered, each CAR or blender CAR shall submit the information described in section (1) of this rule after the first half of the control period and at the end of the control period. Reports are due to the Department on the 30th day of the month following the end of each two month segment of the control period. (3) Each time that physical custody or title of gasoline destined for a control area is transferred, except when gasoline is sold or dispensed for use in motor vehicles at a retail outlet or wholesale purchaser-consumer facility, the transferor shall provide to the transferee, in addition to, or as part of, normal bills of lading or invoices, a transfer document containing information on the shipment. The transfer document must accompany every shipment of gasoline to a control area after it has been dispensed by a terminal, or the information must be included in the normal paperwork that accompanies each shipment of gasoline. The information must legibly and conspicuously contain the following information: (a) The date of the transfer; (b) The name, address and CAR or blender CAR identification number, if applicable of the transferor; (c) The name, address and CAR or blender CAR identification number, if applicable, of the transferee; (d) The volume of gasoline being transferred; (e) The proper identification of the gasoline as non oxygenated or oxygenated; (f) The location of the gasoline at the time of the transfer; (g) The type of oxygenate and purity; (h) The percentage by volume, to the nearest 0.1 percent, of oxygenate in the fuel; and (i) For gasoline in the gasoline distribution network between the refinery or import facility and the covered area terminal, the oxygen content by weight and the oxygenate volume of the gasoline. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 176-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0560 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
340-258-0240 Oxygenated Gasoline: Inspection and Sampling With consent of the owner or operator, the Department will, at any reasonable time, enter the premises of any person subject to the requirements of OAR 340-258-0110 through 340-258-0310 to determine compliance. The Department will inspect all relevant records and equipment, and will, in its discretion, purchase gasoline samples for testing by the Department. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0580 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
340-258-0250 Oxygenated Gasoline: Liability for Violation of a Prohibited Activity (1) Subject to OAR 340-258-0260, if gasoline contained in a storage tank at a facility owned, leased, operated, controlled or supervised by a retailer, wholesale purchaser-consumer, distributor, reseller, carrier, refiner, importer or oxygenate blender is found to be in violation of OAR 340-258-0230(1)(a) or (2), the following persons will be considered in violation: (a) The retailer, wholesale purchaser-consumer, distributor, reseller, carrier, refiner, importer or oxygenate blender who owns, leases, operates, controls or supervises the facility where the violation is found; and (b) Each oxygenate blender, distributor, reseller and carrier who, downstream of the control area terminal, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported or caused the transportation of gasoline that is in the storage tank containing gasoline found to be in violation. (2) Subject to OAR 340-258-0260, if gasoline contained in a storage tank at a facility owned, leased, operated, controlled or supervised by a retailer, wholesale purchaser-consumer, distributor, reseller, carrier, refiner, importer or oxygenate blender is found to be in violation of OAR 340-258-0230(1)(b) or (2), the following persons will be considered in violation: (a) The retailer, wholesale purchaser-consumer, distributor, reseller, carrier, refiner, importer or oxygenate blender who owns, leases, operates, controls or supervises the facility where the violation is found; and (b) Each refiner, importer, oxygenate blender, distributor, reseller and carrier who manufactured, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported or caused the transportation of gasoline that is in the storage tank containing gasoline found to be in violation. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0590 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92
340-258-0260 Oxygenated Gasoline: Defenses for Prohibited Activities (1) A refiner, importer, oxygenate blender, distributor, reseller or carrier is considered to be in violation of OAR 340-258-0230(1) unless that person demonstrates that: (a) The violation was not caused by the regulated person or that person’s employee or agent; (b) The person possesses documents that should accompany the gasoline, and that contain the information required by OAR 340-258-0220; (c) The person conducts a quality assurance sampling and testing program as described in OAR 340-258-0280; and (2) A refiner, importer, oxygenate blender, distributor, reseller or carrier is considered to be in violation of OAR 340-258-0230(5) unless that person demonstrates that: (a) The product is clearly labeled as “blendstock/export/ storage” and the evidence supports this classification; (b) The accompanying documents clearly state that the product does not comply with the oxygenated gasoline requirements; (c) Some aspect of the product’s quality supports the party’s claim that the product was intended to be further blended before being sold, supplied, etc., as a finished product; (d) The seller, supplier or transporter of the product has obtained a written certification or notice on shipping documents from the buyer/recipient of the product that the buyer/recipient understands that the product is not intended for sale or distribution as finished gasoline in a control area or until: (A) It is blended to meet the oxygenated gasoline requirements of OAR 340-258-0110 through 340-258-0310; or (B) The buyer/recipient receives equivalent certification from a subsequent buyer or obtains a written certification that the gasoline will not be sold or dispensed for use within a control area; and (e) The party has no knowledge or reason to believe that the product will not be further blended to comply with the standards of OAR 340-258-0140 or 340-258-0150, and 340-258-0160 before being sold, supplied or transported as finished product, or that it would be sold or dispensed without further blending within a control area. (3) A retailer or wholesale purchaser-consumer is considered be in violation of OAR 340-258-0230(2) unless that person demonstrates that: (a) The violation was not caused by the regulated person or that person’s employee or agent; (b) The person possesses documents that should accompany the gasoline, and that contain the information required by OAR 340-258-0220. (4) For purposes of this rule, the term “was caused” means that the person must demonstrate by a preponderance of the evidence through reasonably specific showings, by direct or circumstantial evidence, that the violation was caused or must have been caused by another person. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0600 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
340-258-0270 Oxygenated Gasoline: Inability to Produce Conforming Gasoline Due to Extraordinary Circumstances The Department will allow a person to distribute fuel which does not meet the oxygenated gasoline requirements of OAR 340-258-0110 through 340-258-0310 in appropriate extreme and unusual circumstances which are clearly outside the control of the blender CAR and which could not have been avoided by the exercise of prudence, diligence and due care if: (1) It is in the public interest to do so because distribution of the nonconforming fuel is necessary to meet projected shortfalls which cannot otherwise be compensated for; (2) The blender CAR exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to minimize the extent of the nonconformity; (3) The blender CAR can show how the requirements for oxygenated gasoline will be expeditiously achieved; and (4) The blender CAR agrees to make up the air quality detriment associated with the nonconforming gasoline, where practicable. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0610 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
340-258-0280 Oxygenated Gasoline: Quality Assurance Program To demonstrate an acceptable quality assurance program under this rule, a person shall conduct periodic sampling and testing to determine if the oxygenated gasoline has oxygen content that is consistent with the product transfer documentation. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0620 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92