OAR 340-258-0310: Oxygenated Gasoline: Contingency Provision for Carbon Monoxide Nonattainment Areas

(1) Subsections (a), (b), (c) and (d) of this section apply to OAR 340-258-0100 through 340-258-0300: (a) Upon determination by the Department, or written notification to the Department by the EPA Administrator that a carbon monoxide nonattainment area in a control area, as specified in OAR 340-204-0090, fails to meet an applicable Clean Air Act deadline for attainment of the NAAQS for carbon monoxide, the following provisions shall become applicable in such control areas within eight months of written notification by the Department or the EPA Administrator, whichever is sooner: (A) Oxygenates shall be supplied at maximum EPA approved oxygen content levels during the control period (e.g., 3.5 percent for gasoline oxygenated with ethanol and 2.7 percent for gasoline oxygenated with MTBE); (B) Compliance calculations shall be based on the per gallon oxygen content supplied by each CAR or blender CAR during the control period. (b) At the end of each control period during which fuel meeting requirements of subsection (1)(a) of this rule is supplied, the Department will evaluate control area oxygenate mix information which is submitted by CARs and blender CARs in accordance with OAR 340-258-0220. If the Department projects, based on this data, that the average oxygen content of gasoline supplied in a control area will be less than 3.1 percent in the next control season, the Department shall notify affected parties no later than March 1 and the following additional requirements shall become effective in subsequent control periods: (A) The average oxygen content standard of gasoline for CARs or blender CARs using the Average Oxygen Content Standard Compliance Option, shall be increased to a minimum of 2.9 percent; (B) The oxygen content standard of gasoline for CARs and blender CARs using the Per Gallon Oxygen Content Standard Compliance Option, shall be increased to a minimum of 2.9 percent; (C) Compliance calculations and the calculation of oxygen credit units, where applicable, shall be based on an oxygen content of 2.9 percent. (c) Federal standards for percent by volume oxygenate content may not be exceeded and shall not be affected by any requirement under section (1) of this rule; (d) This rule shall be applicable during the control period specified in OAR 340-258-0110(2). NOTE: OARs affected by this provision include: OAR 340-258-0010, 340-258-0140(1) and (2); 340-258-0150(1) and (3)(a)(B), 340-258-0160(1)(a) and (2)(a), 340-258-0220, 340-258-0230(3)(b)(A), and 340-258-0290(8)(e). (2) The Department may propose to the Environmental Quality Commission the adoption of an equivalent alternative program to achieve necessary carbon monoxide emission reductions as a substitute for measures outlined in subsection (1)(a) of this rule. An alternative carbon monoxide contingency plan which is adopted by the Commission shall not become effective until approved by the EPA as a SIP revision.