All retail dealers, nonretail dealers, or wholesale dealers may only sell or offer for sale gasoline that contains ten percent ethanol by volume, unless it meets exceptions in OAR 603-027-0420(3)(c).
Exceptions to ethanol mandate for premium gasoline
The 2009 Legislature passed House Bill (HB) 3497
(24 KB pdf) exempting premium unleaded gasoline of 91 octane or higher from the ethanol blend requirement. This became effective January 1, 2010.
Businesses are not required to offer a non-ethanol blended premium fuel, but they have the ability to make a business decision to provide it based upon customer demand.
Note to retailers:
Exceptions to ethanol mandate for all grades of gasoline
No additional dispenser labeling is required
Delivery documentation must state that it is non-ethanol blended gasoline
Storage tanks must identify that it is non-ethanol blended gasoline
Important: If a blending dispenser is used, the mid-grade portion must be disabled and labeling removed. This is because a 10% ethanol regular blended with a 0% ethanol premium will yield approximately a 6% ethanol mid-grade which would not be legal. The mid-grade must still contain 10% ethanol.
To address citizens' concerns about the mandate to blend all gasoline with 10% by volume ethanol, the 2008 Legislature Special Assembly passed Senate Bill (SB) 1079 providing exceptions for very specific applications.
SB 1079 allows non-ethanol blended gasoline of any grade for the following applications only:
Racing activity vehicles,
Tools including but not limited to lawn mowers, leaf blowers, and chain saws, or
Locations are not required to offer a non-ethanol blended fuel, but they have the ability to make a business decision to provide it based upon customer demand. The Oregon State Marine Board
has a list of locations on their website offering non-ethanol blended gasoline.
Posting ethanol exceptions
Businesses that offer non-ethanol blended gasoline of less than 91 octane for sale shall post the exceptions 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.
Read OAR 603-027-0430(1)(c)
(90 KB pdf) carefully for specific requirements. You may download an example
(28 KB pdf) of an acceptable exception posting that you may wish to use.
This special posting requirement does not apply to non-ethanol blended premium gasoline.
Ethanol delivery documentation
Gasoline blended with ethanol
Delivery documentation shall state that the gasoline is blended with ethanol and the volume percent of ethanol.
Ethanol dispenser labeling
Non-ethanol blended gasoline
Delivery documentation shall state that the gasoline is non-ethanol blended.
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 of less than 91 octane
is used in compliance with the exceptions, the dispenser shall be labeled, “NON-ETHANOL BLENDED GASOLINE FOR EXEMPTED USE ONLY (ORS 646.913)”.
Non-ethanol blended gasoline of 91 octane or higher
does not require any special labeling.
Ethanol 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
Ethanol 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, see the Oregon Department of Energy’s website at http://oregon.gov/ENERGY/RENEW/Biomass/Producing.shtml
, or Oregon Department of Environmental Quality’s (DEQ) web site at http://www.deq.state.or.us/lq/tanks/ust/index.htm
, or contact your fuel distributor.