18 AAC 53.990. Definitions

Unless the context indicates otherwise, in this chapter

(1) "administrator" means the administrator of the EPA;

(2) "agree" means to compare two sets of records to determine whether the records are consistent with each other;

(3) "agreed-upon procedures" means procedures for conducting an attest engagement that have been jointly established by the independent certified public accountant conducting the attest engagement and the CAR for whom the attest engagement is being conducted, and that have been approved by the department before the actual attest engagement;

(4) "attest engagement" means an audit of nonfinancial records;

(5) "blender CAR" means a CAR who owns gasoline that is sold or transferred from a control area oxygenate blending facility;

(6) "BOL" means bill of lading;

(7) "CAR" means a control area responsible party, including a blender CAR;

(8) "carrier" means a person who transports, stores, or causes the transportation or storage of gasoline at any point in the gasoline distribution network without taking title to or otherwise having ownership of the gasoline and without altering the quality or quantity of the gasoline;

(9) "commissioner" means the commissioner of the Department of Environmental Conservation;

(10) "control area" means a geographic area described in 18 AAC 53.010(d) ;

(11) "control area oxygenate blending facility" means a facility or truck at which oxygenate is added to gasoline or blendstock that is intended for use in a control area and at which the quality or quantity of gasoline is not otherwise altered except through the addition of deposit control additives;

(12) "control area responsible party" means a person who owns gasoline that is sold or transferred from a

(A) control area terminal; or

(B) control area oxygenate blending facility;

(13) "control area terminal" means a facility, regardless of whether that facility is located in a control area,

(A) that is capable of receiving gasoline in bulk, such as by pipeline, marine vessel, or barge, or at which gasoline is altered either in quantity or quality, excluding the addition of deposit control additives; and

(B) from which gasoline that is intended for use in a control area during a control period is sold or transferred into trucks for transportation to a control area oxygenate blending facility, retail outlet, or wholesale purchaser-consumer facility;

(14) "control period" means a period established under 18 AAC 53.010;

(15) "department" means the Department of Environmental Conservation;

(16) "dispense" means to sell or transfer gasoline to the ultimate consumer at a retail outlet or from a wholesale purchaser-consumer facility;

(17) "distribute" means to transport, store, or cause the transportation or storage of gasoline at any point between a gasoline refinery or importer's facility and a retail outlet or wholesale purchaser-consumer's facility;

(18) "distributor" means a person who distributes gasoline;

(19) "EPA" means the United States Environmental Protection Agency;

(20) "fuel additive" means that part of the fuel that is not hydrocarbon;

(21) "importer" means a person, other than an ultimate consumer, who brings gasoline owned by that person from outside the state into a control area for sale or use;

(22) "motor vehicle" means a self-propelled, gasoline-powered vehicle, designed to operate on a highway;

(23) "NAAQS" or "national ambient air quality standards" means the primary standards for carbon monoxide set by the EPA in 40 C.F.R. 50.8, as amended through July 1, 1991;

(24) "nonoxygenated gasoline" means gasoline that does not comply with 18 AAC 53.020;

(25) "oxygen content" means the percentage of oxygen by weight contained in a gasoline blend, based upon its percentage oxygenate by volume, excluding denaturants and other non-oxygen-containing components and adjusted to 60 degrees Fahrenheit;

(26) "oxygen content units" are the result of multiplying the volume of gasoline containing oxygenate, measured in gallons, by the oxygen content, measured in percent of oxygen by weight;

(27) "oxygen credits" means a marketable oxygen credit provided for under 42 U.S.C. 7545(m) (Clean Air Act, section 211), as amended through November 15, 1990, and created in accordance with 18 AAC 53.045;

(28) "oxygenate" means a substance that, when added to gasoline, increases the amount of oxygen in that gasoline blend;

(29) "oxygenate blender" means a person who owns, leases, operates, controls, or supervises a control area oxygenate blending facility;

(30) "oxygenated gasoline" means gasoline that contains not less than the percent oxygen by weight required by 18 AAC 53.020;

(31) "person subject to this chapter" means a person listed or described in 18 AAC 53.005(c) ;

(32) "ppm" means parts per million;

(33) "refiner" means a person who owns, leases, operates, controls, or supervises a refinery that produces gasoline for use in a control area;

(34) "refinery" means a plant at which gasoline is produced;

(35) "reseller" means a person who purchases gasoline and resells or transfers it to a retailer or a wholesale purchaser-consumer;

(36) "retail outlet" means an establishment at which gasoline is sold or offered for sale to the ultimate consumer other than the wholesale purchaser-consumer;

(37) "retailer" means a person who owns, leases, operates, controls, or supervises a retail outlet;

(38) "terminal" means a facility at which gasoline is transferred into trucks for transportation to retail outlets or wholesale purchaser-consumer facilities;

(39) "VMT" means vehicle miles traveled;

(40) "wholesale purchaser-consumer" means a person who

(A) is an ultimate consumer of gasoline;

(B) purchases or obtains gasoline from a supplier or distributor for use in a motor vehicle;

(C) receives delivery of that product into a storage tank with a capacity of at least 550 gallons that is substantially under the control of that person; and

(D) owns or operates a gasoline dispenser.

History: Eff. 9/25/92, Register 123; am 4/23/94, Register 130; am 10/31/97, Register 144; am 9/4/98, Register 147; am 2/20/2004, Register 169

Authority: AS 44.46.020

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