Current through Register Vol. 63, No. 3, March 1, 2024
(1) A refiner, importer, oxygenate blender,
distributor, reseller or carrier is considered to be in violation of OAR
340-258-0230(1)
unless that person demonstrates that:
(a) The
violation was not caused by the regulated person or that person's employee or
agent;
(b) The person possesses
documents that should accompany the gasoline, and that contain the information
required by OAR
340-258-0220;
(c) The person conducts a quality assurance
sampling and testing program as described in OAR
340-258-0280;
and
(2) A refiner,
importer, oxygenate blender, distributor, reseller or carrier is considered to
be in violation of OAR
340-258-0230(5)
unless that person demonstrates that:
(a) The
product is clearly labeled as "blendstock/export/storage" and the
evidence supports this classification;
(b) The accompanying documents clearly state
that the product does not comply with the oxygenated gasoline
requirements;
(c) Some aspect of
the product's quality supports the party's claim that the product was intended
to be further blended before being sold, supplied, etc., as a finished
product;
(d) The seller, supplier
or transporter of the product has obtained a written certification or notice on
shipping documents from the buyer/recipient of the product that the
buyer/recipient understands that the product is not intended for sale or
distribution as finished gasoline in a control area or until:
(A) It is blended to meet the oxygenated
gasoline requirements of OAR
340-258-0110
through
340-258-0310;
or
(B) The buyer/recipient receives
equivalent certification from a subsequent buyer or obtains a written
certification that the gasoline will not be sold or dispensed for use within a
control area; and
(e)
The party has no knowledge or reason to believe that the product will not be
further blended to comply with the standards of OAR
340-258-0140
or
340-258-0150,
and
340-258-0160
before being sold, supplied or transported as finished product, or that it
would be sold or dispensed without further blending within a control
area.
(3) A retailer or
wholesale purchaser-consumer is considered be in violation of OAR
340-258-0230(2)
unless that person demonstrates that:
(a) The
violation was not caused by the regulated person or that person's employee or
agent;
(b) The person possesses
documents that should accompany the gasoline, and that contain the information
required by OAR
340-258-0220.
(4) For purposes of this rule, the
term "was caused" means that the person must demonstrate by a preponderance of
the evidence through reasonably specific showings, by direct or circumstantial
evidence, that the violation was caused or must have been caused by another
person.
[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
