(1)
Gasoline and Gasoline-Oxygenate Blends, as defined in this regulation, shall
meet the following requirements:
(a) The ASTM
D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel"
(D4814) except that volatility standards for unleaded gasoline blended with
ethanol shall not be more restrictive than those adopted under the rules,
regulations, and Clean Air Act waivers of the U.S. Environmental Protection
Agency (EPA) (which includes those promulgated by Oregon and Federally approved
State Implementation Plans (SIP's)). Gasoline blended with ethanol shall be
blended under any of the following three options:
(A) the base gasoline used in such blends
shall meet the requirements of D4814; or
(B) the blend shall meet the requirements of
D4814; or
(C) the base gasoline
used in such blends shall meet all the requirements of D4814 except
distillation, and the blend shall meet the distillation requirements of the
D4814 specification.
(b)
Blends of gasoline and ethanol shall not exceed the D4814 vapor pressure
standard by more than 1.0 psi.
(c)
Blends of gasoline and ethanol shall meet the volatility requirements of 40 CFR
Part
1090.215.
NOTE: D4814 as referenced in 603-027-0420(16) is written to be
consistent with the EPA fuel regulations prior to EPA's Fuels Regulatory
Streamlining amendments effective Jan 1, 2021. 603-027-0420(16)(g) incorporates
D4814 by reference with amendments designed to make the standard consistent
with the EPA fuel regulations in the State of Oregon starting Jan 1, 2021
[Reference 'Fuels Regulatory Streamlining' 85FR78412, Dec. 4, 2020].
NOTE: ORS
646.913(2)(b)
cites the EPA gasoline volatility requirements found in 40 CFR Part 80. As of
January 1, 2021 the gasoline volatility requirements formerly found in 40 CFR
Part 80.27 "Controls and prohibitions on gasoline volatility" were renumbered
to 40 CFR Part 1090.215 "Gasoline RVP Standards" [Reference 'Fuels Regulatory
Streamlining' 85FR78412, Dec. 4, 2020]. If there is a discrepancy between the
EPA fuel regulations and the standards defined in D4814 as modified by
603-027-0420(16)(g) then the EPA regulation shall prevail.
(d) Minimum Motor Octane Number. The minimum
motor octane number must not be less than 82 for gasoline with an AKI of 87 or
greater.
(e) Lead Substitute
Gasoline. Gasoline and gasoline-oxygenate blends sold as "lead substitute"
gasoline shall contain a lead substitute additive which provides a level of
protection against exhaust valve seat recession which is equivalent to the
level of protection provided by a gasoline containing at least 0.026 gram of
lead per liter (0.10 g per U.S. gal).
(2) Denatured Fuel Ethanol intended for
blending with gasoline shall meet the requirements of ASTM D4806, "Standard
Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as
Automotive Spark-Ignition Engine Fuel." and the ethanol component shall be
derived from agricultural products (including corn, sugar beets, sugar cane,
cellulosic plant fibers from grasses and trees, etc.), woody waste, residues,
municipal solid waste, or other biomass.
(3) Gasoline-Ethanol Blends Required
(a) Except as provided in OAR
603-027-0420(3)(b), all retail dealers, non-retail dealers, or wholesale
dealers may only sell or offer for sale gasoline that contains at least 10
percent denatured fuel ethanol by volume. Gasoline containing at least 9.2
volume percent anhydrous ethanol is considered to meet this
requirement.
(b) It is prohibited
to blend E0 gasoline and E10 gasoline to produce a midgrade gasoline. The
resulting blend violates 603-027-0420(3)(a).
(c) A retail dealer, non-retail dealer, or
wholesale dealer may sell or offer for sale gasoline that is not blended with
ethanol if the gasoline has an octane rating of 91 or above or if it is for use
in;
(A) an aircraft;
(i) with a supplemental type certificate
approved by the Federal Aviation Administration that allows the aircraft to use
gasoline that is intended for use in motor vehicles, or
(ii) issued a type certificate by an aircraft
engine manufacturer that allows the aircraft to use gasoline that is intended
for use in motor vehicles, or;
(B) an aircraft that has been issued an
experimental certificate, described in
14 CFR
21.191, by the Federal Aviation
Administration and that is required by the manufacturer's specifications to use
gasoline that is intended for use in motor vehicles, or;
(C) a light-sport aircraft, as defined in
14 CFR
1.1,
that is required by the manufacturer's specifications to use gasoline that is
intended for use in motor vehicles, or;
(D) a vintage aircraft, as defined by the
Oregon Department of Aviation by rule, that is required by the manufacturer's
specifications to use gasoline that is intended for use in motor vehicles,
or;
(E) an antique vehicle, as
defined in ORS
801.125,
or;
(F) a Class I all-terrain
vehicle, as defined in ORS
801.190,
or;
(G) a Class III all-terrain
vehicle, as defined in ORS
801.194,
or;
(H) a racing activity vehicle,
as defined in ORS
801.404,
or;
(I) a snowmobile, as defined in
ORS
801.490,
or;
(J) tools, including but not
limited to lawn mowers, leaf blowers, and chain saws; or
(K) a watercraft.
(4) Gasoline Additive
Restrictions.
(a) A wholesale dealer, retail
dealer, or non-retail dealer may not sell or offer to sell any gasoline blended
or mixed with:
(A) ethanol unless the blend or
mixture meets the specifications or registration requirements established by
the United States Environmental Protection Agency pursuant to section 211 of
the Clean Air Act,
42 U.S.C. section
7545 and 40 CFR Part
79, and the ethanol
combined with its denaturants complies with the requirements in
603-027-0420(2);
(B) methyl
tertiary butyl ether (MTBE) in concentrations that exceed 0.15 percent by
volume; or
(C) a total of all of
the following oxygenates that exceeds one-tenth of one percent, by weight, of
(i) diisopropyl ether (DIPE),
(ii) ethyl tert-butyl ether (ETBE),
(iii) propanol, including all structural
isomers,
(iv) tert-amyl methyl
ether (TAME),
(v) tert-amyl alcohol
(TAA), and
(vi) any other additive
that has not been approved by the California Air Resources Board or the United
States Environmental Protection Agency.
(b) Nothing in this section shall prohibit
transshipment through this state, or storage incident to the transshipment, of
gasoline that contains methyl tertiary butyl ether in concentrations that
exceed 0.15 percent by volume or any of the oxygenates listed in OAR
603-027-0420(4)(a)(C), provided,
(A) the
gasoline is used or disposed of outside of this state; and
(B) the gasoline is segregated from gasoline
intended for use within this state.
(c) Notwithstanding the additives in OAR
603-027-0420(4)(a), a person may sell, supply, or offer to sell or supply
gasoline in this state that contains any oxygenate other than ethanol, if the
California Air Resources Board (CARB), California Environmental Policy Council
(CEPC), or the United States Protection Agency (U.S. EPA) allow use of the
oxygenate.
(d) It is prohibited to
blend gasoline and gasoline-oxygenate blends with casinghead gasoline,
absorption gasoline, drip gasoline, or natural gasoline after the gasoline has
been sold, transferred, or otherwise removed from a refinery or terminal.
(5) Diesel Fuel,
Biomass-Based Diesel Fuel, or Renewable Diesel Fuel shall meet either the
requirements of ASTM D975, "Standard Specification for Diesel Fuel Oils." when
containing up to 5 volume percent biodiesel, or the requirements of ASTM D7467,
"Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6-B20)" when
containing not less than 5 and up to and including 20 volume percent
biodiesel.
(6) Winter or Winterized
Diesel Fuel shall meet the requirements of ASTM D975, "Standard Specification
for Diesel Fuel Oils" (D975) and have a cold flow performance measurement which
meets the D975 tenth percentile minimum ambient air temperature charts and maps
by either ASTM D2500, "Standard Test Method for Cloud Point of Petroleum
Products and Liquid Fuels" or ASTM D4539, "Standard Test Method for
Filterability of Diesel Fuels by Low-Temperature Flow Test (LTFT)". Winter or
winterized diesel (low temperature operability) is only applicable October 1 -
March 31 of the following year.
(7)
Premium Diesel Fuel - All diesel fuels identified on retail and non-retail
dispensers, bills of lading, invoices, shipping papers, or other documentation
with terms such as premium, super, supreme, plus, or premier shall meet the
requirements of ASTM D975, "Standard Specification for Diesel Fuel Oils" (D975)
and must conform to the following requirements:
(a) Cetane Number - A minimum cetane number
of 47.0 as determined by ASTM D613, "Standard Test Method for Cetane Number of
Diesel Fuel Oil";
(b) Low
Temperature Operability - A cold flow performance measurement which meets the
D975 tenth percentile minimum ambient air temperature charts and maps by either
ASTM D2500, "Standard Test Method for Cloud Point of Petroleum Products and
Liquid Fuels" or ASTM D4539, "Standard Test Method for Filterability of Diesel
Fuels by Low-Temperature Flow Test (LTFT)". Low temperature operability is only
applicable October 1 - March 31 of the next year;
(c) Thermal Stability - A minimum reflectance
measurement of 80 percent as determined by ASTM D6468, "Standard Test Method
for High Temperature Stability of Middle Distillate Fuels" (180 minutes, 150
0C);
(d) Lubricity - A maximum wear
scar diameter of 520 microns as determined by ASTM D6079, "Standard Test Method
for Evaluating Lubricity of Diesel Fuels by the High-Frequency Reciprocating
Rig (HFRR)". If a single test of more than 560 microns is determined, a second
test shall be conducted. If the average of the two tests is more than 560
microns, the sample does not conform to the requirements of this part.
(8) Biodiesel; B100
Biodiesel and Biodiesel intended for blending with diesel fuel must:
(a) Meet the requirements of ASTM D6751,
"Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels";
(b) Be analyzed and issued
a Certificate of Analysis for each batch or production lot produced in or
imported into Oregon prior to blending, sale, or offer for sale in Oregon. The
Certificates of Analysis expire 45 days following the date the biodiesel sample
was obtained.
(c) Biodiesel must be
analyzed for and comply with the visual appearance test (ASTM D4176, "Standard
Test Method for Free Water and Particulate Contamination in Distillate Fuels
(Visual Inspection Procedures)") upon its first receipt at a wholesale facility
and prior to commingling with existing product.
(d) Prior to blending, sale, or offer for
sale in Oregon, biodiesel must be analyzed and the Certificate of Analysis
issued by:
(A) An accredited motor fuel
laboratory, or
(B) A non-accredited
motor fuel laboratory that meets all of the following requirements:
(i) The laboratory facilities must house and
allow proper operation of all required equipment in accordance with the
applicable test procedures,
(ii)
The laboratory must use personnel trained to perform and analyze ASTM D6751,
"Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle
Distillate Fuels" biodiesel fuel tests and other required tests,
(iii) The laboratory must use testing
equipment that has been calibrated or verified to meet the requirements of each
ASTM International test procedure used,
(iv) The laboratory must participate in an
ASTM International proficiency program or similar national proficiency program
at least three times per year with appropriate results, and
(v) The laboratory must maintain current
documentation of personnel qualifications, equipment verification, and
proficiency results for at least one year. These records shall be available for
inspection and reproduction upon request by the Director.
(9) Biodiesel Blends;
(a) For biodiesel blends up to and including
20 volume percent see OAR
603-027-0420(5)
(b) Blends of biodiesel and diesel fuels
greater than B20 must meet the following requirements:
(A) The base diesel fuel, including petroleum
diesel, biomass-based diesel, or renewable diesel must meet the requirements
OAR
603-027-0420(5), and
(B) The
biodiesel blend stock must meet the requirements in OAR
603-027-0420(8).
(10)
Biomass-Based Diesel; for biomass-based diesel and renewable diesel see the
requirements in OAR
603-027-0420(5).
NOTE: Biomass-Based Diesel (aka renewable diesel) is defined in
ORS
646.905(2019)
as "a diesel fuel substitute, produced from nonfossil renewable resources, that
has an established ASTM standard, is approved by the United States
Environmental Protection Agency, meets specifications of the National
Conference on Weights and Measures, and complies with standards promulgated
under ORS
646.957."
The National Conference on Weight and Measures model
regulations for motor fuels are published in National Institute of Standards
and Technology (NIST) Handbook 130, Section G. Uniform Fuels and Automotive
Lubricants Regulation. There is no explicit standard for biomass-based or
renewable diesel in this document. Similarly, there is no ASTM standard which
explicitly includes either biomass-based diesel or renewable diesel within its
scope. However, biomass-based diesel is designed to be chemically similar to
conventional petroleum diesel using D975 specifications as a guide for
production. The principle difference between conventional petroleum based
diesel fuel and biomass-based or renewable diesel is whether the feedstock is
pumped from the ground or sourced from lipids obtained from agricultural or
waste products. The ASTM specifications for conventional petroleum diesel are
thus appropriate and consistent with this statutory requirement.
The National Institute of Standards and Technology (NIST)
Handbook 130 Section G. Uniform Fuels and Automotive Lubricants Regulation
Sub-section 2.2(a) Diesel Fuel specifications also require conventional
petroleum diesel fuel to meet D975 specifications hence requiring the fuel to
meet the these specifications is equivalent to requiring the fuel to meet
specifications of the National Conference on Weights and Measures.
(11) Biomass-Based Diesel Blends;
for biomass-based diesel blends see the requirements in OAR
603-027-0420(5).
(12) Biodiesel
Blends, Biomass-Based Blends, or a Combination of Biodiesel and Biomass-Based
Diesel Blends Required.
(a) Except as provided
in subsection (d) of this section, a retail dealer, non-retail dealer, or
wholesale dealer may only sell or offer for sale diesel fuel in Oregon
containing:
(A) at least five percent
biodiesel by volume, or
(B)
biomass-based diesel with at least five percent renewable component by volume,
or
(C) five percent or less
biodiesel by volume and five percent or less biomass-based diesel by volume
provided the combined total of biodiesel and biomass-based diesel is at least
five percent by volume.
(b) Exemption. The minimum biodiesel fuel
content requirements in OAR
603-027-0420(12)(a) do not apply to diesel fuel:
(A) sold or offered for sale for use by
railroad locomotives, marine engines, or home heating, or facilities that store
more than 50 gallons of diesel fuel for use in emergency power generation;
or
(B) that otherwise meets the
requirements in this section but to which there have been added substances to
prevent congealing or gelling of diesel fuel containing biodiesel or
biomass-based diesel. This exemption applies only to diesel fuel sold or
offered for sale during the period from October 1 of any year to February 28 of
the following year. This exception applies to blends of grade No. 1 diesel fuel
and grade No. 2 diesel fuel as they are defined in ASTM D975, "Standard
Specification for Diesel Fuel Oils" where the grade No. 1 component (commonly
referred to as kerosene) provides enhanced cold weather performance and the
grade No. 2 component meets the blending requirement in OAR
603-027-0420(12)(a).
(13) Aviation Gasoline. shall meet:
(a) ASTM D910, "Standard Specification Leaded
for Aviation Gasolines", or
(b)
ASTM D6227, "Standard Specification for Unleaded Aviation Gasoline Containing a
Non-hydrocarbon Component", or
(c)
ASTM 7547, "Standard Specification for Hydrocarbon Unleaded Aviation Gasoline".
(14) Ethanol Flex Fuel.
- Ethanol flex fuel is covered by one of two ASTM standards based on the
ethanol concentration of blend:
(a) Ethanol
flex fuel containing 51 to 83 volume percent ethanol (commonly called E85)
shall meet ASTM D5798, "Standard Specification for Ethanol Fuel Blends for
Flexible Fuel Automotive Spark-Ignition Engines"; and
(b) Ethanol flex fuel containing 16 to 50
volume percent ethanol shall be blended, stored, delivered and offered for
consumption in accordance with ASTM D7794, "Standard Practice for Blending
Mid-Level Ethanol Fuel Blends for Flexible Fuel Vehicles with Automotive
Spark-Ignition Engines."
(15) M85 Fuel Methanol shall meet the
requirements of ASTM D 5797, "Standard Specification for Fuel Methanol
(M70-M85) for Automotive Spark-Ignition Engines."
(16) All ASTM documents incorporated by
reference in this rule are those versions found in the 2021 Annual Book of ASTM
Standards Section 5: Petroleum Products, Lubricants, and Fossil Fuels unless
noted otherwise. Documents referenced are:
(a)
ASTM 7547, "Standard Specification for Hydrocarbon Unleaded Aviation
Gasoline",
(b) ASTM D 5797,
"Standard Specification for Fuel Methanol (M70-M85) for Automotive
Spark-Ignition Engines",
(c) ASTM
D2500, "Standard Test Method for Cloud Point of Petroleum Products and Liquid
Fuels",
(d) ASTM D4176, "Standard
Test Method for Free Water and Particulate Contamination in Distillate Fuels
(Visual Inspection Procedures)",
(e) ASTM D4539, "Standard Test Method for
Filterability of Diesel Fuels by Low-Temperature Flow Test (LTFT)",
(f) ASTM D4806, "Standard Specification for
Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive
Spark-Ignition Engine Fuel",
(g)
ASTM D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel"
with the following amendments;
(A) In Section
2.2 Government Regulations: "United States Code of Federal Regulations, Title
40 Part 80.27 (d)" is replaced by "United States Code of Federal Regulations,
Title 40 Part 1090"
(B) In Table 1
footnote I; all references to 40 CFR Part
80.2 are replaced by 40 CFR Part
1090.80. The footnote is modified to read;
The DI specification limits are applicable at the refinery or
import facility as defined by 40 CFR Part 1090.80 and are not subject to
correction for precision of the test method.
(C) In Table 4 footnote A is modified to
read;
For the period May 1 through September 15 (June 1 through
September 15 for retail dealers, non-retail dealers, and end users), the vapor
pressure limits are those found in 40 CFR Part 1090. In the State of Oregon the
EPA vapor pressure limits are; 7.8 psi in the Oregon portion of the
Portland-Vancouver Air Quality Maintenance Area (AQMA) and the Salem Kaiser
Area Transportation Study area (SKATS) [Reference Portland-Vancouver Air
Quality Maintenance Area (Oregon Portion) and Salem-Keizer Area Ozone
Maintenance Plan (adopted by the Environmental Quality Commission February 22,
2007 and 40 CFR Part 1090.215(a)(2)] and; 9.0 in all other areas of the state.
Blends of gasoline and ethanol may be allowed a 1 psi waiver to these limits
per 40 CFR Part 1090.215(b) during this time.
(D) Table 5 is modified to read;
Oregon - The Oregon portion of the Portland-Vancouver Air
Quality Maintenance Area (AQMA) and the Salem Kaiser Area Transportation Study
Area (SKATS) [Reference Portland-Vancouver Air Quality Maintenance Area (Oregon
Portion) and Salem-Keizer Area Ozone Maintenance Plan (adopted by the
Environmental Quality Commission February 22, 2007 and 40 CFR Part
1090.215(a)(2)]
(E) In In
paragraph X3.1.2 all references to 40 CFR Part
80 are replaced by 40 CFR Part
1090. The paragraph is modified to read;
"Details of the EPA regulations and test methods are available
in Part 1090 of Title 40 of the Code of Federal Regulations (40 CFR Part
1090)."
(F) Paragraph X3.1.3
is modified to read;
In the State of Oregon the EPA vapor pressure limits are; 7.8
psi in the Oregon portion of the Portland-Vancouver Air Quality Maintenance
Area (AQMA) and the Salem Kaiser Area Transportation Study area (SKATS)
[Reference Portland-Vancouver Air Quality Maintenance Area (Oregon Portion) and
Salem-Keizer Area Ozone Maintenance Plan (adopted by the Environmental Quality
Commission February 22, 2007 and 40 CFR Part 1090.215(a)(2)] and; 9.0 in all
other areas of the state from May 1 through Sept 15 (June 1 through Sept 15 for
retail dealers, non-retail dealers, and end users). Blends of gasoline and
ethanol may be allowed a 1 psi waiver to these limits per 40 CFR Part
1090.215(b) during this time.
(G) X3.8 footnote 26; all the reference to 40
CFR Part
80.41 are replaced by 40 CFR Part
1090.220. The footnote is modified
to read; Code of Federal Regulations, Title 40, Part 1090, Section 220.
(H) In paragraph X 8.2.2.1 the
reference to 40 CFR Part
80.27(d) is replaced by 40 CFR Part
1090.215. The
paragraph is modified to read;
In the United States - The decrease in ethanol concentration
could result in a fuel that is no longer acceptable for the volatility waiver
allowed in the U.S. under certain conditions. For example, if the ethanol
concentration falls below. 9% by volume the blend would no longer be eligible
for the waiver under
40 CFR
1090.215(b).
NOTE: These amendments to ASTM D4814 result from amendments to
EPA's fuel regulations effective Jan 1, 2021 [Reference Federal Register
85FR78412 'Fuels Regulatory Streamlining' published Dec 4, 2020] which are not
incorporated in ASTM D4814-21a, "Standard Specification for Automotive
Spark-Ignition Engine Fuel". In these amendments to the EPA fuel regulations
the requirements in 40 CFR Part 80 were largely renumbered to 40 CFR Part 1090.
The amendments made in this rule are to make this document consistent with
current EPA requirements as they apply to the State of Oregon.
(h) ASTM D5798,
"Standard Specification for Ethanol Fuel Blends for Flexible Fuel Automotive
Spark-Ignition Engines",
(i) ASTM
D6079, "Standard Test Method for Evaluating Lubricity of Diesel Fuels by the
High-Frequency Reciprocating Rig (HFRR)",
(j) ASTM D613, "Standard Test Method for
Cetane Number of Diesel Fuel Oil",
(k) ASTM D6227, "Standard Specification for
Unleaded Aviation Gasoline Containing a Non-hydrocarbon Component",
(l) ASTM D6468, "Standard Test Method for
High Temperature Stability of Middle Distillate Fuels",
(m) ASTM D6751, "Standard Specification for
Biodiesel Fuel (B100) Blend Stock for Distillate Fuels",
(n) ASTM D7467, "Standard Specification for
Diesel Fuel Oil, Biodiesel Blend (B6-B20)",
(o) ASTM D7794, "Standard Practice for
Blending Mid-Level Ethanol Fuel Blends for Flexible Fuel Vehicles with
Automotive Spark-Ignition Engines",
(p) ASTM D910, "Standard Specification Leaded
for Aviation Gasolines", and
(q)
ASTM D975, "Standard Specification for Diesel Fuel Oils".
