Current through Register Vol. 41, No. 3, September 23, 2024
A. Any
retail outlet operator or wholesale purchaser-consumer will be deemed in
compliance with the requirements of this chapter during a transitional period
comprising the first 10 days of the control period, provided that for all
deliveries of gasoline during the five days immediately preceding the control
period the gasoline delivered to that retail outlet operator or wholesale
purchaser-consumer complies with the minimum oxygenate content specified by
2VAC5-480-30.
B. Any retail outlet operator or wholesale
purchaser-consumer who purchases or receives, and offers for sale, or dispenses
gasoline found not to be in compliance with the requirements of this chapter
will be subject to having such gasoline ordered off sale or removed from use by
the commissioner. After such ordering off sale or removal from use, the retail
outlet operator or wholesale purchaser-consumer may:
1. Re-offer for sale gasoline that has been
ordered off sale or removed from use, provided that prior to such re-offering
for sale such gasoline has been blended by any person with additional
oxygenates sufficient to comply with the minimum oxygenate content specified by
2VAC5-480-30, and provided that
prior to such re-offering for sale the sampling taken by the commissioner meets
the minimum oxygenate content specified by
2VAC5-480-30 of this
chapter;
2. Sell or transfer
gasoline for use outside the control area that has been ordered off sale or
removed from use, provided that the retail outlet operator or wholesale
purchaser-consumer complies with the record keeping requirements of
2VAC5-480-50 C (in the case of the
retail outlet operator) and
2VAC5-480-50 D (in the case of the
wholesale purchaser-consumer) of this chapter, and provided that prior to the
sale or transfer the retail outlet operator or wholesale purchaser-consumer
provides the commissioner with an affidavit stating that the retail outlet
operator or the wholesale purchaser-consumer will not sell or transfer the
gasoline in or to the control area during the control period, and also stating
the proposed disposition of the gasoline; or
3. Have gasoline that has been ordered off
sale or removed from use released and returned to the retail outlet operator or
wholesale purchaser-consumer by the commissioner, provided that prior to such
release the retail outlet operator or wholesale purchaser-consumer provides the
commissioner with an affidavit stating that the retail outlet operator or
wholesale purchaser-consumer will not sell or transfer the gasoline in or to
the control area during the control period, and also stating the proposed
disposition of the gasoline.
