Or. Admin. R. 340-258-0110

Current through Register Vol. 63, No. 9, September 1, 2024

Section 340-258-0110 - 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 nonoxygenated 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 nonoxygenated 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.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Or. Admin. R. 340-258-0110

DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0460

Stat. Auth.: ORS 468A

Stats. Implemented: ORS 468A.420