1. (1) Pursuant to ORS 468A.420, OAR 340-258-0100 through 340-258-0310 apply to:

   1. (a) A person who refines, distributes, blends, supplies, sells, offers for sale, or otherwise markets gasoline for use in motor vehicles; and
   2. (b) Permitted control area responsible parties who own gasoline being imported or being sold at or from terminals who market gasoline.
2. (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. (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. (4) To reduce carbon monoxide air pollution from motor vehicles in a control area, OAR 340-258-0110 through 340-258-0310 requires:

   1. (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;
   2. (b) That a dispenser where an oxygenated gasoline is dispensed be labeled as required by OAR 340-258-0300;
   3. (c) That oxygenated gasoline be blended as required by OAR 340-258-0170; and
   4. (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. (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:

   1. (a) Between March 1 and October 31 in a control area; or
   2. (b) At any time in any other location statewide.

6. (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:

   1. (a) Between November 1 and February 29 outside of control areas;
   2. (b) At dispensing facilities where motor vehicles are not fueled.
7. (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.

Statutory/Other Authority

ORS 468A

Statutes/Other Implemented

ORS 468A.420

History

DEQ 175-2018, minor correction filed 04/16/2018, effective 04/16/2018
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0460
DEQ 15-1993, f. & cert. ef. 11-4-93
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92