1. (1) “Accredited Laboratory” means a laboratory that is currently accredited by an independent laboratory accrediting body for analyzing motor fuels using ASTM International test procedures and specifications.
2. (2) “Agricultural Product” means a product produced via the cultivation of crops including corn, sugar beets, sugar cane, algae, vegetable oils, animal fats, and livestock.  Agricultural products include non-food crops such as grasses and trees which may be used as biomass to produce biomass-based fuels.  This definition provides a list of example products to help explain the scope of term.  This list of examples is not intended to limit the types of agricultural products covered by the term.
3. (3) "Alcohol" means a volatile flammable liquid having the general formula CnH(2n+1)OH.
4. (4) "ASTM" means ASTM International, the international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge.
5. (5) "Antiknock Index (AKI) "means the arithmetic average of the Research Octane Number (RON) and Motor Octane Number (MON): AKI=(RON+MON)/2.

6. (6) "Automotive Fuel Rating" means;

   1. (a) for gasoline, the octane rating;
   2. (b) for an alternative liquid automotive fuel other than biodiesel, biomass-based diesel, biodiesel blends, biomass-based diesel blends, and ethanol flex fuels, the commonly used name of the fuel with a disclosure of the amount, expressed as the minimum percentage by volume, of the principal component of the fuel. A disclosure of other components, expressed as the minimum percentage by volume, may be included, if desired;
   3. (c) for biomass-based diesel, biodiesel, biomass-based diesel blends with more than 5 percent biomass-based diesel, and biodiesel blends with more than 5 percent biodiesel, a disclosure of the biomass-based diesel or biodiesel component, expressed as the percentage by volume;

   4. (d) for ethanol flex fuels, a disclosure of the ethanol component, expressed as the percentage by volume and the text “Use Only in Flex-Fuel Vehicles/May Harm Other Engines.”

      NOTE: Automotive Fuel Rating as defined here is the same as it is defined in 16 CFR Part 306.

7. (7) "Automotive Gasoline, Automotive Gasoline-Oxygenate Blend" means gasoline other than aviation gasoline.
8. (8) “Batch” and “Production Lot” means a homogenous production volume of finished biodiesel from one or more sources that is held in a single container where representative samples are taken and analyzed to provide an authentic certificate of analysis (COA) for the specific volume.
9. (9) "Bulk Facility" means a facility, including pipelines terminals, refinery terminals, rail and barge terminals and associated underground and above ground tanks connected or separate, from which motor vehicle fuels are withdrawn from bulk and delivered to retail, wholesale or non-retail facilities or into a cargo tank or barge used to transport those products.
10. (10) "Base Gasoline" means all components other than ethanol in a blend of gasoline and ethanol.
11. (11) "Biodiesel" means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats, or other nonpetroleum resources other than palm oil.

12. (12) “Biomass” means organic matter that is available on a renewable or recurring basis including agricultural products and waste material excluding wood that has been treated with creosote, pentachlorophenol, inorganic arsenic, or other inorganic chemical compounds.  Biomass includes:

    1. (a) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and reduce uncharacteristic stand replacing wildfire risk, and;
    2. (b) wood material from hardwood timber described in ORS 321.267(3), and;
    3. (c) agricultural residues, and;
    4. (d) offal and tallow from animal rendering, and;
    5. (e) food wastes collected as provided under ORS Chapter 459 or 459A, and;
    6. (f) yard or wood debris collected as provided under ORS Chapter 459 or 459A, and;
    7. (g) wastewater solids, and;
    8. (h) agricultural products, and;
    9. (i) municipal solid waste.
13. (13) “Biomass-Based Diesel”, also referred to as Other Renewable Diesel and Renewable Diesel, means a conventional diesel fuel that is derived from biomass.

14. (14) “Certificate of analysis” means documents that both certify the proportion of biodiesel feedstock sourced outside of Oregon, Washington, Idaho, and Montana and verify that biodiesel has been analyzed and complies with the following specifications as they are defined in ASTM D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”;

    1. (a) Flash point;
    2. (b) Acid number;
    3. (c) Cloud point;
    4. (d) Water and sediment;
    5. (e) Visual appearance;
    6. (f) Free glycerin;
    7. (g) Total glycerin;
    8. (h) Oxidation stability;
    9. (i) Sulfur.
15. (15) "Cetane Number” the numerical representation of the combustion quality of a liquid compression-ignition fuel in a range from 0 – 100 as measured using test method ASTM D613 “Standard Test Method for Cetane Number of Diesel Fuel Oil”
16. (16) "Dealer" means any motor vehicle fuel retailer dealer, non-retail dealer or wholesale dealer.
17. (17) “Denatured Fuel Ethanol” means ethyl-alcohol which has been denatured rending it suitable as an automotive fuel additive yet unfit for human consumption.
18. (18) "Director" means the Director of Agriculture.
19. (19) "Diesel Fuel" means a refined middle distillate suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine.
20. (20) "Distillate." means any product obtained by condensing the vapors given off by boiling petroleum or its products.
21. (21) "EPA" means the United States Environmental Protection Agency.
22. (22) “E0” means gasoline that contains no ethanol.  E0 is also neat gasoline and it is ethanol-exempt gasoline when its octane rating is less than 91.
23. (23) “E10” means a gasoline-ethanol blend that contains at least 9 and no more than 10 volume percent denatured fuel ethanol.
24. (24) “E15” means a gasoline-ethanol blend that contains more than 10 and no more than 15 volume percent denatured fuel ethanol.
25. (25) "E85” means Ethanol flex fuel containing 51 to 83 volume percent ethanol.
26. (26) "Ethanol" means ethyl-alcohol.
27. (27) "Gasoline" means any fuel sold for use in spark ignition engines.
28. (28) "Gasoline-Oxygenate Blend" means a fuel consisting primarily of gasoline blended with aliphatic ethers and alcohols.
29. (29) "Lead Substitute" means an EPA-registered gasoline additive suitable, when added in small amounts to gasoline, to reduce or prevent exhaust valve seat wear in automotive engines that were originally designed to operate on leaded gasoline.
30. (30) Low Temperature Operability" means a condition which allows the uninterrupted operation of a diesel engine through the continuous flow of fuel throughout its fuel delivery system at low temperatures.
31. (31) "Lubricity" means a qualitative term describing the ability of a fluid to reduce friction between surfaces in relative motion under load.
32. (32) "Methanol" means methyl-alcohol.
33. (33) "Motor Octane Number” the numerical representation of a liquid spark-ignition fuel’s resistance to knock in a range from 0 – 120 as measured using test method ASTM D2700, “Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel”.
34. (34) "Motor Vehicles" means all vehicles, vessels, watercraft, engines, machines, or mechanical contrivances that are propelled by internal combustion engines or motors.
35. (35) "Motor Vehicle Fuel" means gasoline, gasoline-ethanol blends, diesel, biomass-based diesel, biomass-based diesel blends, B100 Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, or any other liquid product used for the generation of power in an internal combustion engine, except aviation jet fuels, liquefied petroleum gases or natural gases.
36. (36) "Non-retail dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card or key-activated fuel dispensing device to non-retail customers.
37. (37) "Octane Rating" means anti-knock index.
38. (38) "Octane Rating Certification Documentation" means an invoice, bill of lading, delivery ticket, letter or other documentation that specifies the actual octane rating or a rounded rating that is the largest whole number or half of a number that is less than or equal to the number determined by or certified to the person transferring the gasoline.
39. (39) "Oxygen Content of Gasoline" means the percentage of oxygen by mass contained in a gasoline.
40. (40) "Oxygenate" means an oxygen-containing, ashless, organic compound, such as an alcohol or ether, which can be used as a fuel or fuel supplement.
41. (41) “Production Lot” and “Batch” means a homogenous production volume of finished biodiesel from one or more sources that is held in a single container where representative samples are taken and analyzed to provide an authentic certificate of analysis (COA) for the specific volume.
42. (42) “Renewable Diesel” means biomass-based diesel.
43. (43) "Research Octane Number" the numerical representation of a liquid spark-ignition fuel’s resistance to knock in a range from 0 – 120 as measured using test method ASTM D2699, “Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel”.
44. (44) "Retail Dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is or offered for sale to the public.
45. (45) "Thermal Stability" means the ability of a fuel to resist the thermal stress which is experienced by the fuel when exposed to high temperatures in a fuel delivery system.
46. (46) "Unleaded" in conjunction with "engine fuel" or "gasoline" means any gasoline or gasoline-oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.013 gram lead per liter (0.05 g lead per U.S. gal) and not more than 0.0013 gram phosphorus per liter (0.005 g phosphorus per U.S. gal).
47. (47) "Wholesale Dealer" means any person who sells motor vehicle fuel if the seller knows or has reasonable cause to believe that the buyer intends to resell the motor vehicle fuel in the same or an altered form to a retail dealer, a non-retail dealer, or another wholesale dealer.
48. (48) "Withdrawn From Bulk" means removed from a bulk facility for delivery directly into a cargo tank or a barge to be transported to a location other than another bulk facility for use or sale in this state.

Statutory/Other Authority

ORS 561.190 & ORS 646.905 - 646.990

Statutes/Other Implemented

ORS 646.905 - 646.990 & ORS 183

History

DOA 27-2021, amend filed 11/30/2021, effective 01/01/2022
DOA 17-2016, f. & cert. ef. 8-4-16
DOA 24-2011, f. & cert. ef. 12-14-11
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10
DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10
DOA 21-2008, f. & cert. ef. 9-11-08
DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08
DOA 8-2008, f. & cert. ef. 2-15-08
DOA 17-2006, f. & cert. ef. 9-26-06
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 5-2002, f. & cert. ef. 1-28-02
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98