(a) In this
chapter, the terms "gasoline," "oxygenated gasoline," and "nonoxygenated
gasoline" all relate to fuel that is commonly sold for use in a motor vehicle.
Words and phrases used in this chapter are defined in
18 AAC 53.990.
(b) The purpose of this chapter is to reduce
carbon monoxide air pollution from gasoline-powered motor vehicles operating in
a control area during a control period established under
18 AAC 53.010.
(c) The requirements of this chapter apply,
as specified in each section, to
(1) a person
who refines, imports, distributes, transports, carries, blends, supplies,
sells, resells, offers for sale, transfers, dispenses, or otherwise markets
gasoline, including a CAR or Blender CAR (referred to in this chapter as CAR);
and
(2) a wholesale
purchaser-consumer.
(d)
A person described in (c) of this section
(1)
may sell, offer for sale, or dispense to an ultimate consumer only oxygenated
gasoline in a control area during a control period;
(2) shall ensure that oxygenated gasoline
meets the requirements of
18 AAC 53.020; to comply with this
paragraph,
(A) a person who dispenses
gasoline downstream of a CAR, including a wholesale purchaser-consumer, shall
ensure, before dispensing gasoline to an ultimate consumer, that the oxygen
content specified on the product transfer document meets the requirements of
18 AAC 53.020 for the current
control period; and
(B) a person
other than a person subject to (A) of this paragraph, shall meet all
requirements of this chapter necessary to determine the oxygen content of the
gasoline, including testing under
18 AAC 53.030;
(3) shall ensure that
nonoxygenated gasoline that is refined, imported, distributed, sold, or offered
for sale for use in a control area during a control period is sold or
distributed only to a CAR;
(4) may
not misrepresent the oxygen content of gasoline in any way, including in a
product transfer document required under
18 AAC 53.105;
(5) if the person is subject to
18 AAC 53.160, shall ensure that
the information in a product transfer document is consistent with testing
results under
18 AAC 53.160; and
(6) shall meet all other applicable
requirements of this chapter, including the labeling requirements of
18 AAC 53.007 for dispensers used
to dispense oxygenated gasoline.
(e) Nothing in this chapter prohibits a
person from
(1) using, refining, distributing,
blending, supplying, selling, offering for sale, dispensing, or otherwise
marketing oxygenated gasoline
(A) at any time
that is not a control period; or
(B) in any area that is not a control area;
or
(2) storing or
causing the storage in a control area during a control period of gasoline that
does not meet the oxygen content required by
18 AAC 53.020, if that gasoline is
(A) segregated from oxygenated
gasoline;
(B) not dispensed in a
control area during a control period; and
(C) kept in a sealed storage tank or
protected, by a lock or other means, from being sold or dispensed in a manner
not in conformance with this chapter.
