OAR 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.