Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 258 - MOTOR VEHICLE FUEL SPECIFICATIONS
Section 340-258-0310 - Contingency Provision for Carbon Monoxide Nonattainment Areas
Universal Citation: OR Admin Rules 340-258-0310
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Subsections (a), (b), (c) and (d) of this section apply to OAR 340-258-0100 through 340-258-0300:
(a) Upon determination by the Department, or
written notification to the Department by the EPA Administrator that a carbon
monoxide nonattainment area in a control area, as specified in OAR
340-204-0090,
fails to meet an applicable Clean Air Act deadline for attainment of the NAAQS
for carbon monoxide, the following provisions shall become applicable in such
control areas within eight months of written notification by the Department or
the EPA Administrator, whichever is sooner:
(A) Oxygenates shall be supplied at maximum
EPA approved oxygen content levels during the control period (e.g., 3.5percent
for gasoline oxygenated with ethanol and 2.7 percent for gasoline oxygenated
with MTBE);
(B) Compliance
calculations shall be based on the per gallon oxygen content supplied by each
CAR or blender CAR during the control period.
(b) At the end of each control period during
which fuel meeting requirements of subsection (1)(a) of this rule is supplied,
the Department will evaluate control area oxygenate mix information which is
submitted by CARs and blender CARs in accordance with OAR
340-258-0220. If the
Department projects, based on this data, that the average oxygen content of
gasoline supplied in a control area will be less than 3.1 percent in the next
control season, the Department shall notify affected parties no later than
March 1 and the following additional requirements shall become effective in
subsequent control periods:
(A) The average
oxygen content standard of gasoline for CARs or blender CARs using the Average
Oxygen Content Standard Compliance Option, shall be increased to a minimum of
2.9 percent;
(B) The oxygen content
standard of gasoline for CARs and blender CARs using the Per Gallon Oxygen
Content Standard Compliance Option, shall be increased to a minimum of 2.9
percent;
(C) Compliance
calculations and the calculation of oxygen credit units, where applicable,
shall be based on an oxygen content of 2.9 percent.
(c) Federal standards for percent by volume
oxygenate content may not be exceeded and shall not be affected by any
requirement under section (1) of this rule;
(d) This rule shall be applicable during the
control period specified in OAR
340-258-0110(2).
NOTE: OARs affected by this provision include: OAR 340-258-0010, 340-258-0140
(1) and (2);
340-258-0150(1)
and (3)(a)(B),
340-258-0160(1)(a) and
(2)(a),
340-258-0220,
340-258-0230(3)(b)(A),
and
340-258-0290(8)(e).
(2) The Department may propose to the
Environmental Quality Commission the adoption of an equivalent alternative
program to achieve necessary carbon monoxide emission reductions as a
substitute for measures outlined in subsection (1)(a) of this rule. An
alternative carbon monoxide contingency plan which is adopted by the Commission
shall not become effective until approved by the EPA as a SIP revision.
[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
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