Or. Admin. Code § 340-258-0230 - Prohibited Activities
(1) During
the control period, no refiner, importer, oxygenate blender, carrier,
distributor or reseller may manufacturer, sell, offer for sale, dispense,
supply, offer for supply, store, transport or cause the transportation of:
(a) Gasoline that contains less than 2.0
percent oxygen by weight, for use during the control period, in a control area;
or
(b) Gasoline represented as
oxygenated which has an oxygen content that is improperly stated in the
documents that accompany the gasoline.
(2) No retailer or wholesale
purchaser-consumer may dispense, offer for sale, sell, or store, for use during
the control period, gasoline that contains less than 2.7 percent oxygen by
weight in a control area when supplied by a CARusing the Per Gallon Oxygen
Content Standard or less than 2.0 percent oxygen by weight in a control area
when supplied by a CAR using the Average Oxygen Content Standard.
(3) No person may operate as, or claim to be
a CAR or blender CAR unless that person is registered by the Department under
OAR 340-252-0180. No CAR or blender CAR may offer for sale, store, sell or
dispense gasoline to any person who is not registered as a CAR for use in a
control area, unless:
(a) The oxygen content
of the gasoline during the control period or averaging period meets the
standard set in OAR 340-258-0140 or
340-258-0150, and
340-258-0160, as applicable;
and
(b) The gasoline contains at
least:
(A)2.7 percent oxygen by weight when
the Per Gallon Oxygen Content Standard is used, except as required by OAR
340-258-0310;
(B)2.0 percent oxygen by weight when the
Average Oxygen Content Standard is used.
(4) For a terminal that sells or dispenses
gasoline intended for use in a control area during the control period, the
terminal owner or operator may not accept gasoline into the terminal unless:
(a) Transfer documentation accompanies it
containing information required by OAR
340-258-0220(3);
and
(b) The terminal owner or
operator conducts a quality assurance program to verify the accuracy of the
information referred to in subsection (a) of this section.
(5) No person may sell, store or dispense
nonoxygenated gasoline in any control area during the control period unless:
(a) The nonoxygenated gasoline is segregated
from oxygenated gasoline;
(b)
Clearly marked documents accompany the nonoxygenated gasoline marking it as
"nonoxygenated gasoline, not for sale to an ultimate consumer in a
control area"; and
(c) The
nonoxygenated gasoline is in fact not sold or dispensed to ultimate consumers
during the control period, in the control area.
(6) No person subject to the requirements of
OAR 340-258-0110 through
340-258-0310 may fail to comply
with the requirements of
340-258-0110 through
340-258-0310.
(7) No person may sell, store, dispense, or
transfer oxygenated gasoline, except for use by the ultimate consumer at a
retail outlet or wholesale purchaser-consumer facility, without transfer
documents that accurately contain the information required by OAR
340-2582-0220(3).
(8) Any CAR,
distributor or retail outlet that does not have a valid terminal permit may not
market gasoline for use in a control area during the control period unless a
prior owner of the gasoline has a valid terminal permit as required by OAR
340-258-0200.
[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]
Notes
Stat. Auth.: ORS 468A
Stats. Implemented: ORS 468A.420
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