| (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;
(3) type of facility;
(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.
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