Laboratory" means a laboratory that is currently accredited by an independent
laboratory accrediting body for analyzing motor fuels using American Society
for Testing and Materials (ASTM) International test procedures and
(2) "Alcohol" means
a volatile flammable liquid having the general formula CnH(2n+1)OH used or sold
for the purpose of blending or mixing with gasoline for use in propelling motor
vehicles, and commonly or commercially known or sold as an alcohol, and
includes ethanol or methanol.
"ASTM" means ASTM International, the national 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. ASTM when used in these rules shall mean the 2016 Annual
Book of ASTM Standards, Section 5, Volumes 05.01 through 05.05.
(4) "Antiknock Index (AKI) "means the
arithmetic average of the Research Octane Number (RON) and Motor Octane Number
(MON): AKI=(RON+MON)/2. This value is called by a variety of names, in addition
to antiknock index, including: Octane Rating, Posted Octane, (R+M)/2
Rating" means the automotive fuel rating determined under
, required to be certified under
and 16 CFR 306.8
, and required to
be posted under
. Under this Rule, sellers of liquid
automotive fuels, including alternative fuels, must determine, certify, and
post an appropriate automotive fuel rating. The automotive fuel rating for
gasoline is the antiknock index (octane rating). The automotive fuel rating for
alternative liquid fuels consists of the common name of the fuel along with a
disclosure of the amount, expressed as a minimum percentage by volume, of the
principal component of the fuel. For alternative liquid automotive fuels, a
disclosure of other components, expressed as a minimum percentage by volume,
may be included, if desired.
"Automotive Gasoline, Automotive Gasoline-Oxygenate Blend" means a type of fuel
suitable for use in spark-ignition automobile engines and also commonly used in
marine and non-automotive applications.
(7) "Aviation Gasoline" means a type of
gasoline suitable for use as a fuel in an aviation gas spark-ignition internal
(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) "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 nonretail facilities or into a cargo tank or barge used to transport those
(10) "Base Gasoline"
means all components other than ethanol in a blend of gasoline and
(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, not
including palm oil, designated as B100 and complying with ASTM D6751. Biodiesel
produced in or imported into Oregon for use as a blend stock shall comply with
B100 biodiesel requirements including ASTM International D6751 and the
Certificate of Analysis.
"Biodiesel Blend" means a fuel comprised of a blend of biodiesel fuel with
petroleum-based diesel fuel, designated BXX. In the abbreviation BXX, the XX
represents the volume percentage of biodiesel fuel in the blend.
"Biomass" means organic matter that is
available on a renewable or recurring basis and that is derived from:
(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;
(b) Wood material from hardwood timber
described in ORS
(c) Agricultural residues;
(d) Offal and tallow from animal
(e) Food wastes
collected as provided under ORS Chapter 459 or 459A;
(f) Yard or wood debris collected as provided
under ORS Chapter 459 or 459A;
Wastewater solids; or
grown solely to be used for energy, and
(i) Biomass does not mean wood that has been
treated with creosote, pentachlorophenol, inorganic arsenic, or other inorganic
"Biomass-Based Diesel", also referred to as Other Renewable Diesel and
Renewable Diesel, means a conventional diesel fuel substitute produced from
nonpetroleum renewable resources that meets the registration requirements for
fuels and fuel additives established by the U.S. Environmental Protection
Agency under the 2007
, and includes fuel derived from biomass
(Reference OAR 603-027-0410
) and animal wastes, including poultry fats and
poultry wastes, and other waste materials, or from municipal solid waste and
sludges and oils derived from wastewater and the treatment of wastewater,
except that the term does not include biodiesel as defined in OAR 603-027-0410
complies with ASTM International D975 Standard Specification for Diesel Fuel
Oils or other applicable ASTM product specifications, can be used as a finished
fuel or fuel blending component, and designated "100% Biomass-Based
(15) "Biomass-Based Diesel
Blend", also referred to as Other Renewable Diesel Blend and Renewable Diesel
Blend, means a fuel comprised of a blend of biomass-based diesel fuel with
conventional petroleum-based diesel fuel, designated "XX% Biomass-Based Diesel
Blend", and complies with ASTM International D975. In the abbreviation, "XX%",
the XX represents the volume percentage of biomass-based diesel in the
A document verifying that
B100 biodiesel has been analyzed and complies with, at a minimum, the following
ASTM D 6751 biodiesel fuel test methods and specifications:
(A) Flash point (ASTM D 93);
(B) Acid number (ASTM D 664);
(C) Cloud point (ASTM D 2500);
(D) Water and sediment (ASTM D
(E) Visual appearance (ASTM
(F) Free glycerin (ASTM D
(G) Total glycerin (ASTM D
(H) Oxidation stability (EN
14112 as per ASTM D 6751); and
Sulfur (ASTM D 5453 or ASTM D 7039).
(b) The ASTM International standards
referenced in ORS
for free and total glycerin are incorrect. The correct ASTM International
standards reference for free and total glycerin is ASTM D 6584.
(17) "Cetane Index" means an
approximation of the cetane number of distillate fuel, which does not take into
account the effect of a cetane improver additive, calculated from the density
and distillation measurements. (Ref. ASTM D 976.)
(18) "Cetane Number" means a numerical
measure of the ignition performance of a diesel fuel obtained by comparing it
to reference fuels in a standardized engine test. (Ref. ASTM D 613.)
(19) "Coordinating Research Council (CRC)
Rating" means a standardized format for rating injector and engine deposits as
developed by the CRC.
"Co-solvent" means an alcohol other than methanol which is blended with either
methanol or ethanol or both to minimize phase separation in gasoline.
(21) "Dealer" means any motor vehicle fuel
retailer dealer, nonretail dealer or wholesale dealer.
(22) "Director" means the Director of
(23) "Diesel Fuel"
means a refined middle distillate suitable for use as a fuel in a
compression-ignition (diesel) internal combustion engine.
(24) "Distillate." means any product obtained
by condensing the vapors given off by boiling petroleum or its
(25) "EPA" means the
United States Environmental Protection Agency.
(26) "E85 Fuel Ethanol" means a blend of
ethanol and hydrocarbons of which the ethanol portion is nominally 75 to 85
volume percent denatured fuel ethanol (Ref. ASTM D 5798).
(27) "Ethanol" also known as "Denatured Fuel
Ethanol", means nominally anhydrous ethyl alcohol meeting ASTM D 4806
standards. It is intended to be blended with gasoline for use as a fuel in a
spark-ignition internal combustion engine. The denatured fuel ethanol is first
made unfit for drinking by the addition of Alcohol and Tobacco Tax and Trade
Bureau (TTB) approved substances before blending with gasoline.
(28) "Ethanol facilities production capacity"
means the designed and "as-constructed" rated capacity as verified by the
Oregon Department of Agriculture, or the ethanol facilities production capacity
as determined by an independent Professional Engineer registered in the State
of Oregon that is not the design consultant and as verified by the Oregon
Department of Agriculture.
"Feedstock" means the original biomass used in biofuel production.
(30) "Gasoline" means any fuel sold for use
in spark ignition engines whether leaded or unleaded.
(31) "Gasoline-Oxygenate Blend" means a fuel
consisting primarily of gasoline along with a substantial amount (more than
0.35 mass percent oxygen, or more than 0.15 mass oxygen if methanol is the only
oxygenate) of one or more oxygenates.
(32) "Lead Substitute" means an
EPA-registered gasoline additive suitable, when added in small amounts to fuel,
to reduce or prevent exhaust valve recession (or seat wear) in automotive
spark-ignition internal combustion engines designed to operate on leaded
(33) "Lead Substitute Engine
Fuel" means a gasoline or gasoline-oxygenate blend that contains a "lead
(34) 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.
"Lubricity" means a qualitative term describing the ability of a fluid to
affect friction between, and wear to, surfaces in relative motion under
(36) "Methanol" means methyl
alcohol, a flammable liquid having the formula CH3OH used or sold for the
purpose of blending or mixing with gasoline for use in motor
(37) "M100 Fuel Methanol"
means nominally anhydrous methyl alcohol, generally containing small amounts of
additives, suitable for use as a fuel in a compression-ignition combustion
(38) "M85 Fuel Methanol"
means a blend of methanol and hydrocarbons of which the methanol portion is
nominally 70 to 85 volume percent and which meets the requirements of ASTM D
(39) "Motor Octane Number"
means a numerical indication of a spark-ignition engine fuel's resistance to
knock obtained by comparison with reference fuels in a standardized ASTM D 2700
Motor Method engine test.
"Motor Vehicles" means all vehicles, vessels, watercraft, engines, machines, or
mechanical contrivances that are propelled by internal combustion engines or
(41) "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.
(42) "Nonretail 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
Rating" means the rating of the anti-knock characteristics of a grade or type
of gasoline determined by dividing by two the sum of the research octane number
and the motor octane number.
"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.
(45) "Official Sample" means a motor fuel
sample delivered via nozzle directly through a fuel pump, dispenser, or
metering device from either a fuel delivery truck, tank wagon, above ground or
below ground fuel storage tank into a suitable sealable, one litre or larger
pressure-tight metal or glass container in the presence of, or drawn by, a
department representative in the manner prescribed by department procedures. An
official sample shall be appropriately sealed and labeled as to its identity,
type, brand, grade, posted automotive fuel rating and the location, source,
date, and name of official taking it at the time it is withdrawn from storage.
A custody transfer receipt or record will be completed whenever an official
sample changes hands enroute to a qualified motor fuel standards
(46) "Oxygen Content of
Gasoline" means the percentage of oxygen by mass contained in a
(47) "Oxygenate" means an
oxygen-containing, ashless, organic compound, such as an alcohol or ether,
which can be used as a fuel or fuel supplement.
"Premium Diesel" means a refined middle
distillate suitable for use as a fuel in a compression-ignition (diesel)
internal combustion engine and shall meet Standard Fuel Specifications OAR
means the ability of a biofuel production facility to produce biofuel that is
in compliance with applicable ASTM International specifications.
(50) "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
(51) "Research Octane
Number" means a numerical indication of a spark-ignition engine fuel's
resistance to knock obtained by comparison with reference fuels in a
standardized ASTM D 2699 Research Method engine test.
(52) "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.
(53) "SAE" means the SAE International, a
technical organization for engineers, scientists, technicians, and others in
positions that cooperate closely in the engineering, design, manufacture, use,
and maintainability of self-propelled vehicles.
(54) "Sales" means volumes of biofuels
measured in gallons per year, relevant consumer usage, demand, pricing, and
other factors affecting sales.
"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
(56) "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).
(57) "Use" means the historic blending of
biofuel in Oregon in areas using biofuel to meet Oregon's Renewable Fuel
Standard (RFS) and other information relevant to industry blending of biofuel
including the infrastructure capacity to blend and distribute
(58) "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 nonretail dealer, or
another wholesale dealer.
"Winter" or "Winterized" Diesel means a refined middle distillate suitable for
use as a fuel in a compression-ignition (diesel) internal combustion engine
which has been blended for low temperature operability and shall meet Standard
Fuel Specifications OAR 603-027-0420
(60) "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