OAR 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.