Or. Admin. Code § 340-258-0270

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-258-0270 - Inability to Produce Conforming Gasoline Due to Extraordinary Circumstances

The Department will allow a person to distribute fuel which does not meet the oxygenated gasoline requirements of OAR 340-258-0110 through 340-258-0310 in appropriate extreme and unusual circumstances which are clearly outside the control of the blender CAR and which could not have been avoided by the exercise of prudence, diligence and due care if:

(1) It is in the public interest to do so because distribution of the nonconforming fuel is necessary to meet projected shortfalls which cannot otherwise be compensated for;

(2) The blender CAR exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to minimize the extent of the nonconformity;

(3) The blender CAR can show how the requirements for oxygenated gasoline will be expeditiously achieved; and

(4) The blender CAR agrees to make up the air quality detriment associated with the nonconforming gasoline, where practicable.

[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.]

Or. Admin. Code § 340-258-0270

DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0610

Stat. Auth.: ORS 468A

Stats. Implemented: ORS 468A.420