Oregon

Current Regulations: Winter oxygenated gasoline requirements were discontinued in Grants Pass in 2000, Klamath Falls in 2001, Medford in 2002 and Portland in 2007. See Oregon Administrative Rules 340-258 and 340-204.

Oregon Department of Agriculture, Measurement Standards Division, enforces ASTM D 4814 for gasoline and ASTM D 975 for diesel fuel. See Oregon Administrative Rules 603-027-420.

On July 12, 2006, the Portland City Council approved a citywide Renewable Fuels Standard requiring diesel with 5% biodiesel and gasoline with 10% ethanol, effective 7/1/07. As amended by later Ordinances, diesel must contain at least 5 vol% biodiesel at retail as of 8/15/07, gasoline must contain at least 10 vol% ethanol at retail effective 11/1/07, and diesel must contain at least 10 vol% biodiesel at retail on or after 7/1/10. Biodiesel produced from palm oil may not be used. Railroads, watercraft and aircraft are exempt. In memos dated 4/17/09 and 6/3/09 from the Bureau of Development Services of the City of Portland, Bulk Facilities and Fuel Marketers will need to market at least 50% of the biodiesel produced from a Qualifying Feedstock (canola, flax, sunflower, safflower, or used cooking oil), effective 7/17/09. See City Code Title 16, Chapter 16.60. On 3/3/10, the Portland City Council voted to temporarily suspend the B10 minimum content requirement.

HB 2210, as amended and signed by the Governor on 7/3/07, requires all diesel to contain at least 2 vol% biodiesel or other renewable diesel effective 3 months after notice that the production of biodiesel (mono alkyl esters not derived from palm oil) from sources in OR, WA, ID and MT reaches 5 million gallons on an annualized basis for at least 3 months, and increases to at least 5 vol% when biodiesel production in these four states reaches 15 million gallons. The biodiesel mandates do not apply to railroad locomotives, marine engines or home heating. It requires all gasoline to contain 10 vol% agriculturally derived, denatured ethanol, effective 3 months after notice that ethanol production capacity in OR reaches 40 million gallons. MTBE content in gasoline is capped at 0.15 vol%. The total of other oxygenates (including ETBE and TAME) is capped at 0.1 wt%. The ethanol mandate was phased in through three regions with effective dates at retail of 1/15/08 (northwest), 4/15/08 (southwest), or 9/16/08 (central and eastern); see OAR 603-027-0420.

Signed by the Governor on 3/11/08, SB 1079 allows non-ethanol blended gasoline for aircraft, antique vehicles, all-terrain vehicles, racing activity vehicles, snowmobiles, tools (including but not limited to lawnmowers, leaf blowers, and chain saws), or watercraft. Dated 3/12/08, the OR Department of Agriculture, Measurement and Standards Division, released Temporary Administrative Rule OAR 603-027 to implement these provisions. The latest version is dated July 2008.

HB 3497, signed by the Governor on 7/22/09, exempts premium (91 or above) octane gasoline from the ethanol mandate. This was effective on 1/1/10. The City of Portland will exempt fuel vendors from its E10 requirement on and after 1/1/10 for sales of gasoline with an octane rating of 91 or higher (per a Renewable Fuel Standards Advisory dated 9/20/09 from the Portland Water Bureau).

Signed by the Governor on 7/22/09, HB 3463-C amends the biodiesel mandate law in 2007. The 2 vol% biodiesel mandate is effective in 9 counties on 8/1/09 and in the rest of OR on 10/1/09. The 5 vol% biodiesel mandate will be effective after biodiesel production capacity in OR reaches at least 15 million gallons on an annualized basis. In July 2009, the OR Department of Agriculture, Measurement and Standards Division, released a Temporary Administrative Rule to implement these provisions in OAR 603-027. They were published in the 9/1/09 issue of the Oregon Bulletin.

In a letter dated 2/1/11, the ODA Measurement Standards Division announced that Oregon's in-state biodiesel production capacity had reached 15 million gallons on an annualized basis, and that all diesel fuel must contain a minimum of 5% biodiesel, effective 4/1/11 (except for railroad locomotives, marine engines, and home heating applications). HB 3448, signed by the Governor on 5/13/13 (Chapter 89 of 2013 Laws, effective 1/1/14), also exempts facilities that store more than 50 gallons of diesel fuel for use in emergency power generation.

Section 6 of HB 2186-C, signed by the Governor on 7/22/09, allows the Environmental Quality Commission to adopt Low Carbon Fuel Standards for gasoline and diesel that reduce the lifecycle GHG emissions per unit of fuel by 10% below 2010 levels by 2020 (excluding farm vehicles, tractors and trucks used primarily to transport logs). The Commission shall provide exemptions and deferrals to mitigate the costs of the LCFS if the average price of gasoline and diesel in OR is not competitive with the average price of gasoline and diesel in PADD 5. This was changed to the Oregon Clean Fuels Program in April 2012. On 12/7/12, the Oregon Environmental Quality Commission adopted the first phase - to collect data in 2013 and 2014 from fuel producers and importers. See Oregon Administrative Rules Chapter 340, Division 253. No average carbon intensities would apply and no reductions in carbon intensity are required in Phase 1.  HB 2186 contains a sunset date of 12/31/15 and future legislative action is needed to remove the sunset before beginning the reduction phase of the program.  However, on 2/13/14, Governor Kitzhaber directed DEQ to move forward with full implementation of the Clean Fuels Program. Clean Fuels Program Phase 2 regulations were proposed on 9/9/14 by DEQ; see Oregon Bulletin dated 10/1/14. On 1/7/15, the OR Environmental Quality Commission approved the Clean Fuels Program Phase 2 rules. See Oregon Bulletin dated 2/1/15, page 99. Signed by the governor on 3/12/15, SB 324 (Chapter 004, 2015 Laws) repealed the LCFS sunset on 12/31/15.  On 12/9/15, OR DEQ approved amendments to the OR Clean Fuels Program regulations; they include changing the initial compliance period to two years, 2016 and 2017. 

Summer Federal Phase II RVP: Max. 7.8 psi RVP gasoline is required in five counties (Clackamas, part of Marion, Multnomah, part of Polk and Washington) in former 1 hr. ozone nonattainment areas (Salem and Portland). Max. 9.0 psi RVP gasoline is required elsewhere. The summer maximum RVP limitation shall be 1 psi higher for gasoline blends with 10 vol% ethanol per Clean Air Act section 211(h)(4).

Legislation: Introduced in February 2011, HB 3301 would repeal the E10 mandate. HB 3321, introduced in February 2011, would require gasoline to contain ethanol, but delete the requirement for 10 vol% ethanol. Introduced in March 2011, HB 3342 would require a wholesale dealer to offer E0 for gasoline with an octane rating of 91 or above.

Introduced in January 2015, SB 164 would exempt diesel in any county east of the summit of the Cascade Mountains during the winter from the biodiesel mandate.  SB 163, introduced in January 2015, would exempt diesel from the biodiesel mandate if the diesel is exempt from excise tax in counties east of the summit of the Cascade Mountains during the winter. 

 

Last updated January 2016