18 AAC 53.005. Purpose and applicability; general requirements

(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.

(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.

History: Eff. 9/25/92, Register 123; am 10/31/97, Register 144

Authority: AS 44.46.020

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