OAR 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.