OAR 340-258-0260
Oxygenated Gasoline: Defenses for Prohibited Activities
(1)
A refiner, importer, oxygenate blender, distributor, reseller or carrier is considered to be in violation of OAR 340-258-0230 (Oxygenated Gasoline: Prohibited Activities)(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 (Oxygenated Gasoline: Reporting);(c)
The person conducts a quality assurance sampling and testing program as described in OAR 340-258-0280 (Oxygenated Gasoline: Quality Assurance Program); and(2)
A refiner, importer, oxygenate blender, distributor, reseller or carrier is considered to be in violation of OAR 340-258-0230 (Oxygenated Gasoline: Prohibited Activities)(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 (Oxygenated Gasoline: Purpose and General Requirements) through 340-258-0310 (Oxygenated Gasoline: Contingency Provision for Carbon Monoxide Nonattainment Areas); 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 (Oxygenated Gasoline: Per Gallon Oxygen Content Standard) or 340-258-0150 (Oxygenated Gasoline: Average Oxygen Content Standard), and 340-258-0160 (Oxygenated Gasoline: Minimum Oxygen Content) 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 (Oxygenated Gasoline: Prohibited Activities)(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 (Oxygenated Gasoline: Reporting).(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.
Source:
Rule 340-258-0260 — Oxygenated Gasoline: Defenses for Prohibited Activities, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-258-0260.