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Biofuel renewable fuel standard
Introduction Dispenser labeling
Public hearing Storage tank labeling
Ethanol implementation dates Storage tank preparation
Exceptions to ethanol mandate Downloads (pdf)
Posting exceptions For more information
Delivery documentation
Introduction
The 2007 Oregon Legislative Assembly passed House Bill (HB) 2210 (120 KB pdf), which includes a renewable fuel standard (RFS) mandate. HB 2210 mandates use of biodiesel and ethanol in Oregon’s motor fuels once production capacity levels for these products are met and requires the Oregon Department of Agriculture (ODA) to study and monitor ethanol fuel production, use, and sales in Oregon and to implement the RFS.
 
An administrative rule (124 KB pdf) has been adopted to implement the blending of gasoline with 10% by volume ethanol in the State of Oregon as mandated by HB 2210.
 
ODA Measurement Standards Division will be conducting a public hearing to adopt permanent administrative rules fully implementing Oregon's new renewable fuel standard and exceptions to blending gasoline with ethanol.

Public hearing
The Measurement Standards Division held a public hearing on June 24, 2008, to adopt permanent administrative rules to fully implement Oregon's new renewable fuel standard HB 2210 and exceptions to blending gasoline with ethanol SB 1079.
 
Proposed permanent administrative rule (141 KB pdf)
 
 

Ethanol implementation dates
Region
 
Counties
 
Date
 
1 Clackamas, Clatsop, Columbia, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhil Counties
 
1/15/2008
2
Benton, Coos, Curry, Douglas, Jackson, Josephine, Lane, Lincoln, and Linn Counties
 
4/15/2008
3 Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, and Wheeler Counties
 
9/16/2008

Exceptions to ethanol mandate
To address citizen’s concerns about the mandate to blend all gasoline with 10% by volume ethanol, the 2008 Legislature Special Assembly passed Senate Bill (SB) 1079 (36 KB pdf) that provides exceptions to this blending mandate for very specific applications.

A temporary administrative rule (44 KB pdf) has been adopted to immediately implement SB 1079. If you are a gasoline dealer or the owner/user of one of the exemptions and choose to use non-ethanol blended gasoline this rule affects you.

In essence, SB 1079 and this temporary administrative rule allow non-ethanol blended gasoline for the following applications only:

  • Aircraft,
  • Antique vehicles,
  • All-terrain vehicles,
  • Racing activity vehicles,
  • Snowmobiles,
  • Tools including but not limited to lawn mowers, leaf blowers, and chain saws, or
  • Watercraft.

Locations are not required to offer a non-ethanol blended fuel, but they now have the ability to make a business decision to provide it based on customer demand.
 
The Oregon State Marine Board is currently surveying fuel retailers and distributors compiling a list of locations where non-ethanol blended gasoline is available. The results are posted on the Marine Board's website.

Posting exceptions
The exceptions for non-ethanol blended gasoline shall be posted at a business that sells or offers for sale non-ethanol blended gasoline in a position that is clear and conspicuous to the consumer. They must be in capitol letters and type at least 1/4 inch in height and 1/32 inch width type. Please read carefully OAR 603-027-0430(1)(c) (124 KB pdf) for specific requirements. You may also download an example (28 KB pdf) of an acceptable exception posting that you may wish to use.
Delivery documentation
Delivery documentation is required to identify that the gasoline is blended with ethanol and the volume percent of ethanol.
Dispenser labeling
Gasoline dispensers are required to be labeled that the product contains ethanol. This label is required to be on the upper 50% of the dispenser’s front panels, in a position that is clear and conspicuous from the driver’s position in type at least 1/2 inch in height and 1/16 inch width of type.

Due to the required use of 10% by volume ethanol, the label is required to state the specific amount in the gasoline blend, for example, "THIS PRODUCT CONTAINS 10% ETHANOL" or similar language. Prohibited terms and phrases include but are not limited to, "Contains up to 10% ethanol," "May contain ethanol," or any other similar language.

If a non-ethanol blended gasoline is used in compliance with the exceptions, the dispenser shall be labeled, “NON-ETHANOL BLENDED GASOLINE FOR EXEMPTED USE ONLY (ORS 646.913)”.
Storage tank labeling
Storage tank fill connections of non-ethanol blended gasoline shall be permanently, plainly, and visibly marked that the product contained therein is non-ethanol blended gasoline for use only in the exceptions complying with ORS 646.913.
Storage tank preparation
If you are not presently selling gasoline blended with 10% by volume ethanol, you will need to prepare your storage tanks prior to your first delivery.  Ethanol acts as a solvent and will quickly absorb any water and contaminants in your tank and dispense that through the system and into the consumer’s vehicle.  Proper cleaning of tanks to remove all water and sediment is essential.  Also during this transition, frequent changing of the dispenser’s filters may be required.

For information on tank preparation, you may contact the Oregon Department of Energy’s website at http://oregon.gov/ENERGY/RENEW/Biomass/Producing.shtml, Oregon Department of Environmental Quality’s (DEQ) web site at http://www.deq.state.or.us/lq/tanks/ust/index.htm or your fuel distributor.
Downloads (pdf)
House Bill 2210 (120 KB), Effective 9/27/07
Senate Bill 1079 (36 KB), Effective 3/11/08

Proposed permanent administrative rule (141 KB), 5/13/08
Temporary Rule Amendments to OAR 603-027 Implementing SB1079 (124 KB), 3/12/08
Excerpt of Temporary Administrative Rule with amended portions (44 KB), 3/12/08
Sample exception poster (28 KB), 3/12/08
 
Notice to users of exempt equipment (520 KB), 3/17/08
Notice to Oregon gasoline dealers (524 KB), 3/26/08
Notice to Oregon gasoline dealers (67 KB), 10/11/07


For more information
Oregon Department of Energy: http://oregon.gov/ENERGY/RENEW/Biomass/Producing.shtml
Oregon Department Environmental Quality: http://www.deq.state.or.us/lq/tanks/ust/index.htm
Oregon State Marine Board: http://www.boatoregon.com/OSMB/news/E10.shtml 

Measurement Standards Division
Phone: 503-986-4670
Email: msd-info@oda.state.or.us

 
Page updated: June 25, 2008

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