Current through Reg. 50, No. 13; March 28, 2025
(a) Beginning
October 1, 1992, no person shall supply, sell, or dispense any gasoline for use
as motor vehicle fuel in El Paso County during the period of October 1 through
March 31 of each year, unless the gasoline has a minimum oxygen content of 2.7%
by weight, except as allowed under subsection (g) of this section.
(b) No averaging, banking, or trading of
oxygenate credits will be allowed until such time as a mechanism for the
reporting and tracking of these credits is established by the executive
director.
(c) All gasoline storage,
refining, and blending facilities; gasoline terminal and bulk plants; and
gasoline transporters affected by this section shall be registered with the
commission and the El Paso City-County Health District. The owner or operator
of each affected facility shall provide the following information to the
executive director and shall update this information, as necessary, by
September 1st of each year:
(1) company name,
mailing address, local street address, and telephone number;
(2) name and title of the company's chief
executive officer and a local contact;
(4) commission account numbers, if
applicable; and
(5) description of
the affected operation.
(d) All facilities affected by this section
shall maintain complete and accurate records for at least two years and shall
make such records available to representatives of the executive director,
United States Environmental Protection Agency (EPA), or local air pollution
agency having jurisdiction in the area upon request. The information in the
records shall include, but shall not be limited to, the following:
(1) for refiners/importers of oxygenated
gasoline:
(A) copies of all results of tests
for oxygen content performed on batches of gasoline prior to transfer. For
purposes of this rule, a batch of gasoline is considered any quantity greater
than one gallon;
(B) copies of all
bills of lading or transfer documents for each batch; and
(C) documents stating whether or not
shipments of gasoline to any facility in a control area for use during a
control period were oxygenated or non-oxygenated and stating oxygen content by
weight of the gasoline, type of oxygenate used, and oxygenate content by
volume.
(2) for
blenders, gasoline terminals, and bulk plants:
(A) copies of all results of tests for oxygen
content performed on batches of gasoline prior to transfer, or records of
automated blending operations;
(B)
copies of all documents stating the quantity and oxygen content of the gasoline
received and the type of oxygenate received by the facility; and
(C) copies of all documents stating the
quantity of gasoline shipped, whether gasoline shipments from the facility were
oxygenated or non-oxygenated, and the type of oxygenate used.
(3) for gasoline transporters:
(A) copies of all documents stating the
quantity of gasoline received by the transporter, whether the gasoline is
oxygenated or non-oxygenated, and the type of oxygenate used; and
(B) copies of all bills of lading or transfer
documents for each batch.
(4) for retailer and wholesale
purchaser-consumer:
(A) copies of all
documents stating the quantity of gasoline received by the facility, whether
the gasoline is oxygenated or non-oxygenated, and the type of oxygenate used;
and
(B) copies of all bills of
lading or transfer documents for each batch.
(e) The oxygen content of gasoline at
facilities affected by this section shall be determined by the following test
methods:
(1) gasoline sampling methodology
described in 40 Code of Federal Regulations, Part 80, Appendix D;
(2) the active version of American Society
for Testing and Materials Test Method D4815 for the control periods beginning
in 1992 and thereafter;
(3) EPA
Oxygenate Flame Ionization Detector Test Method; or
(4) other test methods approved by EPA
beginning in 1995 and thereafter.
(f) Each gasoline pump at a retail outlet
from which oxygenated gasoline is dispensed shall display a legible and
conspicuous label on which either the statement in paragraph (1) or in
paragraph (2) of this subsection is printed in 36-point bold type in a color
contrasting with the intended background. This label shall be placed so it is
clearly legible from each side of the pump from which fuel can be dispensed.
(1) A label on which the following statement
is printed shall be displayed only during the period of October 1 through March
31: "The gasoline dispensed from this pump is oxygenated and will reduce carbon
monoxide pollution from motor vehicles."
(2) A label on which the following statement
is printed shall be displayed during the period of October 1 through March 31
and may be displayed at any other time up to year-round: "From October 1
through March 31, the gasoline dispensed from this pump is oxygenated and will
reduce carbon monoxide pollution from motor vehicles."
(g) The sale or distribution of
non-oxygenated gasoline in a control area during the control period shall be
allowed only under the following conditions:
(1) such gasoline is segregated from
oxygenated gasoline;
(2) the
documents which accompany such gasoline are clearly marked as "non-oxygenated
gasoline, not for sale to ultimate consumers in a control area," and shall
accompany the gasoline at all times;
(3) the product is clearly labeled as
"blendstock," "export," "storage," or a similar statement to prohibit improper
distribution; and
(4) the
non-oxygenated gasoline is in fact not sold or dispensed to ultimate consumers
during the control period in the control area.
