Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 258 - MOTOR VEHICLE FUEL SPECIFICATIONS
Section 340-258-0150 - Average Oxygen Content Standard
Universal Citation: OR Admin Rules 340-258-0150
Current through Register Vol. 63, No. 3, March 1, 2024
(1) All gasoline sold or dispensed for use during the control period described in OAR 340-258-0110(2), for use in each control area described in OAR 340-204-0090, by each CAR or blender CAR using the Average Oxygen Content Standard Compliance Option, must be blended for each averaging period to contain an average oxygen content of not less than 2.7 percent by weight, except where otherwise required by OAR 340-258-0310. Oxygen content calculations must be performed as required in OAR 340-258-0120.
(2) The averaging period for all gasoline sold or dispensed in a control area is the four-month control period established in OAR 340-258-0110(2).
(3) Compliance calculation on average basis:
(a) To determine compliance with the
standards in section (1) of this rule, the CAR or blender CAR shall, for each
averaging period and for each control area:
(A) Calculate the total volume of gasoline
sold or dispensed for use in the control area which is the sum of:
(i) The volume of each separate batch or
truck load of oxygenated gasoline that is sold or dispensed;
(ii) Minus the volume of each separate batch
or truck load of oxygenated gasoline that is sold or dispensed in a different
control area;
(iii) Minus the
volume of each separate batch or truck load of oxygenated gasoline that is sold
or dispensed in any non-control area.
(B) Calculate the required total oxygen
credit units. Multiply the total volume in gallons of oxygenated gasoline sold
or dispensed into the control area (as determined by paragraph (3)(a)(A) of
this rule) by 2.7 percent, except where otherwise required by OAR
340-258-0310;
(C) Calculate the actual total
oxygen units generated. The actual total oxygen credit units generated is the
sum of the volume of each batch or truck load of oxygenated gasoline that was
sold or dispensed in the control area (as determined by paragraph (3)(a)(A) of
this rule) multiplied by the actual oxygen content by weight associated with
each batch or truck load;
(D)
Calculate the adjusted actual total oxygen credit units. The adjusted actual
total oxygen content credit units is the sum of the actual total oxygen credit
units generated (as determined in paragraph (3)(a)(C) of this rule):
(i) Plus the total oxygen credit units
purchased or acquired through trade; and
(ii) Minus the total oxygen credit units sold
or given away through trade.
(E) Compare the adjusted actual total oxygen
credit units with the required total oxygen credit units. If the adjusted
actual total content oxygen credit units is greater than or equal to the
required total oxygen credit units, then the standard in section (1) of this
rule is met. If the adjusted actual total oxygen credit units is less than the
required total oxygen credit units the purchase of oxygen credit units is
required in order to achieve compliance;
(F) In transferring oxygen credit units, the
transferor shall provide the transferee with the volume and oxygen content by
weight of the gasoline associated with the credits.
(b) To determine the oxygen credit units
associated with each batch or truck load of oxygenated gasoline sold or
dispensed into the control area, use the running weighted oxygen content (RWOC)
of the tank from which the batch or truck load was received at the time the
batch or truck load was received. In the case of batches or truck loads of
gasoline to which oxygenate is added outside of the terminal storage tank from
which it was received, use the weighted average of the RWOC and the oxygen
content added as a result of the volume of the additional oxygenate
added;
(c) Running weighted oxygen
content (RWOC). The RWOC accounts for the volume and oxygen content of all
gasoline which enters or leaves the terminal storage tank, and all oxygenates
which are added to the tank. The RWOC must be calculated each time gasoline
enters or leaves the tank or whenever oxygenates are added to the tank. The
RWOC is calculated weighing the following:
(A) The volume and oxygen content of the
gasoline in the storage tank at the beginning of the averaging
period;
(B) The volume and oxygen
content by weight of gasoline entering the storage tank;
(C) The volume and oxygen content by weight
of gasoline leaving the storage tank; and
(D) The volume, type and oxygen content by
weight of the oxygenate added to the storage tank.
(d) Credit transfers. Credit transfer may be
used in the compliance calculations in subsection (3)(a) of this rule, provided
that:
(A) The credits are generated in the
same control area in which they are used; no credits may be transferred between
control areas;
(B) The credits are
generated in the same averaging period as they are used;
(C) The ownership of credits is transferred
only between properly registered CARs or blender CARs;
(D) The credit transfer agreement is made no
later than 30 days after the final day of the averaging period in which the
credits are generated; and
(E) The
credits are properly created.
(e) Improperly created credits:
(A) No party may transfer any credits to the
extent that such a transfer would result in the transferor having a negative
credit balance at the conclusion of the averaging period for which the credits
were transferred. Any credits transferred in violation of this paragraph are
improperly created credits;
(B) In
the case of credits which were improperly created, the following subparagraphs
apply:
(i) Improperly created credits may not
be used, regardless of a credit transferee's good faith belief that it was
receiving valid credits;
(ii) The
transfer of credits in violation of paragraph (A) of this subsection
constitutes a violation of the requirements of section (1) of this rule;
and
(iii) Where any credits are
transferred in violation of paragraph (A) of this subsection, the transferor's
properly-created credits will be applied first to any credit transfers before
the transferor may apply any credits to achieve its own compliance;
(iv) Where any credits are transferred in
violation of paragraph (A) of this subsection, the transferor shall be held
legally and financially liable for any penalties or damages incurred by the
transferee as a result of the invalid transaction.
[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.]
Stat. Auth.: ORS 468A
Stats. Implemented: ORS 468A.420
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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