Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 1 Alaska Administrative Code Titl e 18 Environmental Conservation, Chapter 53 Fuel Requirements for Motor Vehicles (18 AAC 53)

18 AAC 53 Article 1. Oxygenated Gasoline Requirements

18 AAC 53.005. PURPOSE AND APPLICABIL ITY; GENERAL REQUIREMENTS.

(a) In this chapter, the terms "gasoline," "oxyg enated 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 re duce carbon monoxide air pollution from gasoline-powered motor vehicles operating in a control area dur ing a control period established

under 18 AAC 53.010.

(c) The requirements of this chapter a pply, as specified in each section, to

(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 duri ng 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 ensu re, before dispensing gasoline to an ultimate consumer, that the oxygen content specified on the product transfer document meets the requirem ents 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 nonoxygena ted 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 toAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 2 a CAR;

(4) may not misrepresent the oxygen content of gasoline in any way, including in a product transfer document re quired 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 re sults under 18 AAC 53.160; and

(6) shall meet all other applicable requirement s 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, distributi ng, blending, supplying, sel ling, offering for sale, dispensing, or otherwise ma rketing 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 storag e in a control area dur ing a control period of gasoline that does not meet the oxygen content require d 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 prot ected, by a lock or other means, from being sold or dispensed in a manner not in conformance with this chapter.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.007. DISPENSER LABELING.

(a) The requirements of this section are mandatory in a control area. The department strongly recommends compliance with this section in all areas of the state. Notwithstanding the provisions of this section that require the labeling to reflec t a minimum oxygen content of 2.0 percent by weight, a person may not dispense gaso line in a control area during a control period unless that gasoline meets the requirements of 18 AAC 53.020 for the current control period.

(b) The owner or operator of a dispenser that di spenses oxygenated gasoli ne shall place on the dispenser a label as described in this subsection, an example of which is shown in Figure 1 of this

subsection. The label must remain on the di spenser until oxygenated gasoline is no longer dispensed from it and must

(1) identify the type of oxygenate in the ga soline; the following abbreviations may be used on the dispenser label to identify the type of oxygenate in the gasoline:Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 3 (A) "MTBE" for methyl tertiary butyl ether;

(B) “ETBE” for ethyl tertia ry butyl ether; and

(C) "TAME" for tertiary amyl methyl ether;

(2) state the gasoline's maximum oxygenate content by volume;

(3) state that the gasoline has an oxygen c ontent of not less than 2.0 percent by weight;

(4) include the statement: "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollu tion from motor vehicles";

(5) use legible lettering in block st yle of at least 20 point bold type;

(6) use lettering that is of a color that contrast s with the color of the label background and use a background color that contrasts w ith the color of the dispenser; and

(7) be placed on the upper two-thirds of th e dispenser, in a position that will be conspicuous to the consumer.

Figure 1. Example of label required by this subsection (not shown in the requi red 20 point block print)

(c) Unless the oxygenate in the gasoline is MTBE or ETBE, the owner or operator shall place on the dispenser a second label, an example of which is shown in Fi gure 2 of this subsection. The label must remain on the dispenser until oxygenated gasoline is no longer dispensed from it and

must

(1) meet the requirements of (b)(5), (6), and (7) of this section;

(2) be placed immediately adjacent to the la bel required by (b) of this section; and

(3) read: "Warning: The Federal Aviation Ad ministration prohibits th e use of this fuel

in aircraft."

Figure 2. Example of label required by this subsection (not shown in the required 20 point block print) THE GASOLINE DISPENSED FROM THIS PUMP IS OXYGENATED AND WILL

REDUCE CARBON MO NOXIDE POLLUTION FROM MOTOR VEHICLES. THE

GASOLINE IS OXYGENATED WITH ET HANOL AND CONTAINS NO MORE THAN

10 PERCENT ETHANOL BY VOLUME. ITS OXYGEN CONTENT IS NOT LESS

THAN 2.0 PERCENT BY WEIGHT.Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 4 State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.010. CONTROL PERIOD S AND CONTROL AREAS.

(a) For the purposes of this chap ter, the department may establis h or reestablish a control period

for one or more of the control areas described in (d) of this section. Not less than 180 days before the control period begins, the department will

(1) publish notice in a newspaper serving each contro l area that will be s ubject to the control period; and

(2) send the notice to each CAR registered under 18 AAC 53.070 for the previous control period.

(b) If the department establishes or reestablishe s a control period under (a) of this section, that control period begins

(1) on or after November 1 in the first year, and will ends on the following March 1; and

(2) on November 1 in each subsequent year, and will ends on the following March 1, unless the department suspends the control period under 18 AAC 53.190.

(c) Upon suspending a control pe riod under 18 AAC 53.190 for a contro l area, the department will send notice of the suspension to

(1) the local air pollution control program office in the control area; and

(2) each CAR registered under 18 AAC 53.070 for the previous control period.

(d) For the purposes of this chapter, the following are control areas:

(1) Municipality of Anchorage; and

(2) Fairbanks North Star Borough, incl uding the City of Fairbanks.

State effective: 2/20/2004; EPA effective: 7/23/2004

18 AAC 53.020. REQUIRED OXYGEN CONTENT.

(a) Except as provided in (b) of th is section, for the period beginni ng five days before the first day of a control period and ending on the last day of that control period, a ll gasoline sold, offered for sale, or distributed by a CAR for use in a control area during a c ontrol period must be oxygenated so that each blend of ga soline has an oxygen content of WARNING: THE FEDERAL AVIATION ADMINISTRATION

PROHIBITS THE USE OF THIS FUEL IN AIRCRAFTAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 5 (1) not less than 2.7 percent by weight if the CAR is using the per-gallon method of compliance under 18 AAC 53.035; or

(2) not less than 2.0 percent by weight if the CAR is using the averaging method of compliance under 18 AAC 53.040.

(b) The provisions of (a) of this section do not pr eclude the sale or distribution of gasoline that does not meet the requirements of (a) of this section if that gasoline is sold or distributed to another

CAR.

(c) The actual oxygen content of a gallon of oxygenated gasoline must be determined in

accordance with the calculati ons set out in 18 AAC 53.030.

(d) A person who intends to offer for sale, sell, or dispense gasoline downstream of a CAR in a control area during a control peri od may sell or dispense only gaso line that contains not less than 2.7 percent oxygen by weight unless the department has published notice that one or more CARs will use the averaging method of compliance un der 18 AAC 53.040. If the department issues a

notice under this subs ection, the notice will

(1) be published at least 10 days before the control period begins; and

(2) state that

(A) gasoline offered for sale, sold, or di spensed downstream of a CAR in that control area during that c ontrol period must contain not less than 2.0 percent oxygen by weight; and

(B) the minimum of 2.0 percent oxygen by we ight applies only during the current control period unless the department publis hes notice under this subsection in a subsequent control period.

(e) For each gallon of gasoline produced or imported for sale or dist ribution in or from a control aea during a control period, a refiner or importer shall document the

(1) oxygen content, using a met hod described in 18 AAC 53.030;

(2) oxygenate type; and

(3)oxygenate content by volume.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.030. SAMPLING, TESTING, AND OXYGEN CONTENT CALCULATIONS.

(a) To comply with the requirements of this chap ter, the oxygen content of gasoline must be determined byAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 6 (1) taking a representative sample of the gasoline to be tested, using the sampling methods specified in 40 C.F.R. 80, Appendi x D, as amended through July 1, 1996, hereby adopted by reference;

(2) testing the gasoline sampled to determin e the mass concentration of each oxygenate, using the test method specified in ASTM D 4815-94a, as approved July 25, 1994, hereby adopted by reference; and

(3) using the following oxygen content calcula tions, with volume measurements adjusted

to 60  Fahrenheit:

(A) for blends with only one oxygenate:

V oxygenate x d oxygenate x W oxygen/oxygenate W oxygen = ________________________________ (V gas x d gas ) + (V oxygenate x d oxygenate )

where:

W = weight fraction (for percent, multiply by 100) oxygenate = oxygenate in the blend

V = volume fraction d = specific gravity gas = gasoline

(B) for blends with more than one oxygenate:

Σ (V oxygenate x d oxygenate x W oxygen/oxygenate )

W oxygen = ___________________________________ (V gas x d gas ) + Σ (V oxygenate x d oxygenate )

where:

W = weight fraction (for percent, multiply by 100) oxygenate = oxygenate in the blend

V = volume fraction d = specific gravity gas = gasoline

(b) The oxygen molecular weight contributions of an oxygenate approved for use under this chapter are set out in the following table:Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 7 OXYGEN MOLECULAR WEI GHT CONTRIBUTIONS

Oxygen Molecular Specific Gravity Weight Contribution at 60  Fahrenheit

______________________________________________________________________ Methanol 0.4993 0.796

Ethanol 0.3473 0.794 Propanols 0.2662 0.789

Butanols 0.2158 0.810

Pentanols 0.1815 0.817

Methyl Tertiary-Butyl Ether (MTBE) 0.1815 0.744

Hexanols 0.1566 0.823

Ethyl Tertiary-Butyl Ether (ETBE) 0.1569 0.755

Tertiary Amyl Methyl Ether (TAME) 0.1566 0.770

______________________________________________________________________

Editor’s note: The sampling and testing procedures referred to in this section may be reviewed at the department’s Anchorage, Fairbanks, or June au offices. ASTM D 48 15-94a may be ordered from the American Society for Testing a nd Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428 (610 832-9500).

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.035. PER-GALLON MET HOD OF COMPLIANCE.

(a) A CAR using the per-gallon met hod of compliance with this chap ter shall document that each gallon of gasoline sold or dispensed for use with in a control area during a control period has an oxygen content of not less than 2.7 percent by weight.

(b) A CAR using the per-gallon method of compliance

(1) must use that method for the entire control period; and

(2) is prohibited from transferri ng oxygen credits to another CAR

State effective: 10/31/97; EPA effective: 2/28/00Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 8 18 AAC 53.040. AVERAGING OXYGEN CONT ENT METHOD OF COMPLIANCE

(a) A CAR using the averaging oxyge n content method of complian ce with this chapter shall document that the average oxygen cont ent of the total volume of ga soline sold or transferred for use in a control area during a c ontrol period, including a debit or credit balance of applicable oxygen credits, is not less than 2.7 percent by weight.

(b) A CAR using the averaging oxyge n content method of compliance must use that method for the entire control period.

(c) Repealed 10/31/97,

(d) Calculation of the following totals is necessar y to determine whether, at the end of each control period and for each control area, a CA R is in compliance with this chapter:

(1) the total volume of oxygenated ga soline sold or dispensed in the control area, which is

(A) the total volume of each separate batch or truckload of oxygenated gasoline sold or dispensed in the control area; plus

(B) the total volume of oxygenated gaso line for which the CAR has received credit by the purchase of oxygen credits; minus

(C) the total volume of oxygenated gasoline for which the CAR has sold oxygen credits to another CAR;

(2) the total required content of oxygen, which is the total volume of oxygenated gasoline sold or dispensed, as determined in (1) of this subsection, multiplied by 2.7 percent;

(3) the total content of oxygen actually sold or dispensed in the control area, which is

(A) the oxygen content of each separate batch or truckload of oxygenated gasoline sold or dispensed in the cont rol area, multiplied by the actual volume of that batch or truckload; plus

(B) the oxygen content of oxygenated gaso line for which the CAR has received credit by the purchase of oxygen credits, multip lied by the volume of that gasoline;

minus

(C) the oxygen content of oxygenated ga soline for which the CAR has sold oxygen credits to another CAR, multipli ed by the volume of that gasoline.

(e) If the actual total content of oxygen is equal to or greater th an the required to tal content of oxygen, the standard of 18 AAC 53.020 is met. If the actual total content of oxygen is less than the required total content of oxygen, the purchase of oxygen credits is required in order to comply

with 18 AAC 53.020.Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 9 (f) To determine the oxygen content associated with each batch or truckload of oxygenated gasoline sold or dispensed in a control area, a CAR shall use the running weighted oxygen content (RWOC) of the terminal storage tank from which the batch or truc kload was received at the time

the batch or truckload was received. For a batch or truckload of gasoline to which an oxygenate is added outside of the terminal storage tank fr om which it was received, a CAR shall use the weighted average of the RWOC plus the additional oxygen content as a result of adding the additional oxygenate.

(g) The RWOC accounts for the volume and oxygen conten t of all gasoline that enters or leaves a terminal storage tank, and the oxygenate that is added to each tank. The RWOC must be calculated each time gasoline enters or leaves a tank or whenever an oxygenate is added to a tank.

The RWOC is calculated weighing the following:

(1) the volume, type, and oxygen content of the gasoline in the storage tank at the beginning of the control period;

(2) the volume and oxygen content by weight of gasoline entering the storage tank;

(3) the volume and oxygen content by weight of gasoline leaving the storage tank; and

(4) the volume, type, and oxygen content by wei ght of the oxygenate added to the storage

tank.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.045. OXYGEN CREDITS AND DEBITS.

(a) If the averaging oxygen content method of compliance under 18 AAC 53.040 is used by a CAR, an oxygen credit or debit is generated when a gallon of oxygenated ga soline is transferred by the CAR for use in a control area during a contro l period. An oxygen credit or debit per gallon is calculated by subtracting 2.7 per cent from the actual pe rcent of oxygen by weight in a batch or truckload. The total oxygen credits or debits associated with a batch or truckload is the oxygen credit or debit per gallon multiplied by the total number of gallons in that batch or truckload.

(b) To comply with the requirements of this chap ter, a CAR may offset a debit balance of oxygen by securing the transfer of an identical number of oxygen credits from another CAR.

(c) Oxygen credits may be transferre d only if the oxygen credits are

(1) generated in the same control area in whic h they are transferred for use by another CAR;

(2) generated in the same control period in which they are transferred for use by another CAR;

(3) transferred no later than 15 days after the last day of th e control period in which the oxygen credits are generated; andAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 10 (4) created as required by this chapter.

(d) If oxygen credits are sold, purchase d, or otherwise transf erred, the transferor shall provide the

transferee with a record of the transaction as required in 18 AAC 53.090(d).

(e) Oxygen credits may not be transfe rred if such a transfer would re sult in the tr ansferor having a debit balance of oxygen at th e conclusion of the control pe riod for which the oxygen credits would be transferred. Oxygen cr edits transferred in violation of this subsection are invalid oxygen credits.

(f) Invalid oxygen credits may not be used, regardless of the transferee's good faith belief that it was receiving valid oxygen credits.

(g) If oxygen credits are transferred in violation of (d) of this section

(1) the transferor is in viol ation of 18 AAC 53.040; and

(2) the transferor's valid oxygen credits will be applied first to any oxygen credit transfer agreements before the transferor may a pply any oxygen credits to achieve its own compliance.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.060. OXYGENATED GASOLINE BLENDING.

(a) In addition to the other appli cable requirements of this chapter, a person may not refine, distribute, blend, supply, sell, offer for sale, disp ense, or otherwise market oxygenated gasoline for use in a control area during a cont rol period unless that product

(1) has received a current motor fuel waiver from the United States Environmental Protection Agency (EPA) under 42 U.S.C. 7545 (f)(4) (Clean Air Act), as amended through November 15, 1990; or

(2) qualifies under EPA's "substantially similar" interpretive ruling as amended in 56 Fed. Reg. 5,352 (1991) for a fuel or fuel addi tive used to certify a model year 1975 or newer vehicle or engine under 42 U.S.C. 7525 (Clean Air Act), as amended through November 15, 1990.

(b) Repealed 10/31/97.

(c) Repealed 10/31/97.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.070. REGISTRATION AND PERMIT.

(a) A person may not operate as a CAR unless the person has registered with, and obtained aAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 11 permit from, the department. A person who in tends to operate as a CAR shall apply for registration and a permit to operate in each control area at least 30 days before the beginning of a control period or at least 30 days before operating as a CAR. An application for each control area must be on a form available from the department and must include

(1) the applicant's name and business address;

(2) the address and physical location of each control area terminal from which the applicant will operate;

(3) the address and physical location of each c ontrol area oxygenate blending facility that the applicant owns, leases, opera tes, controls, or supervises;

(4) the address and physical location wher e the applicant will keep the documents required under this chapter;

(5) the registration fee require d in 18 AAC 53.080(a); and

(6) the preliminary permit fee required in 18 AAC 53.080(b) or (c), as applicable.

(b) A CAR shall submit updated registration informati on to the department within 30 days after any information supplied under (a ) of this section becomes incomplete or inaccurate.

(c) Within 30 days after the department receives a complete application and the fees required in (a) of this section, it will regi ster the CAR and issue a permit with an identification number. The registration and permit are valid for one year.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.080. CAR FEES.

(a) A person who applies for registration and a perm it to operate as a CAR under this chapter shall pay a $100 annual registration fee with the application for each control area.

(b) Except as provided in (c) of th is section, a CAR shall pay, with the application for a control area, a preliminary permit fee that is equal to $0.0046 per gallon, multiplied by the total number of gallons of gasoline sold by the CAR within that control area during the preceding November 1 through March 1.

(c) If a CAR had no gasoline sales in a control area during the preceding November 1 through March 1, the CAR shall pay, with the application for that control area, a preliminary permit fee that is equal to $0.0046 per gallon, multiplied by the total number of gallons of gasoline estimated to be sold by the CAR within that control area during the upcoming control period.

(d) On or before May 1, for each application for wh ich a fee is payable under (b) or (c) of this section, a CAR shall pay to the department a fi nal permit fee that is equal to $0.0046 per gallon, multiplied by the total number of gallons of oxyge nated gasoline sold by the CAR for use withinAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 12 the applicable control area during the control period that just ende d, minus the preliminary fee paid under (b) or (c) of this section. If the preliminary fee is greater than the amount determined under this subsection, no additional fee is due and the de partment will refund the excess fees paid by July

15.

(e) By July 15, the department will refund fees in excess of those required to cover the cost of implementing the requirements of this chapter. Fees will be refunded on a pro rata basis, in direct proportion to the CAR’s percentage cont ribution to the total fees collected.

State effective: 12/30/00; EPA effective: 3/11/02

18 AAC 53.090. RECORDKEEPING.

(a) A person required to maintain records described in th is section shall keep each record for at least five years after that r ecord was produced and shall make the record available to the department upon request.

(b) A refiner or an importer shall, for each se parate quantity of gasoline produced or imported for use in a control area during a contro l period, maintain a record of the

(1) results of any test used to determine the type of oxygenates and percentage by volume;

(2) oxygenate content by volume;

(3) oxygen content by weight;

(4) total volume; and

(5) name and address of the party to whom each separate quantity of gasoline was sold or

transferred.

(c) A person who owns, leases, operates, or controls a gasoline terminal that serves a control area

shall maintain a record of the

(1) name and address of the owner of each batch of gasoline;

(2) volume of each batch or truckload of ga soline going into or out of the terminal;

(3) RWOC for each batch or truckload of gasoline leaving the terminal;

(4) type, purity, and percentage by volum e of oxygenate used, if available;

(5) oxygen content by weight of each batch or truckload received at the terminal;

(6) destination of each batch or truckload of gasoline sold, regardless of whether the destination was within a control area;Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 13 (7) name and address of the person to whom th e batch or truckload of gasoline was sold or

transferred and the date of th e sale or transfer; and

(8) results of any test for oxygenates, if perfor med, at the time of each sale or transfer of gasoline, and who performed the test.

(d) In addition to the requirements of (c) of th is section, a CAR shall maintain a record of

(1) the CAR's permit number;

(2) any information that would support or demonstrate compliance with the required oxygen content standard se t out in 18 AAC 53.020;

(3) each transaction in which an oxygen credit was bought, sold, traded, or transferred;

the record of each transaction must include

(A) the date of each transaction;

(B) the name, address, and permit number of the CAR or blender CAR involved in the transaction;

(C) the amount of oxygen cred its transferred;

(D) a description of how the oxyge n credits were calculated; and

(E) documentation that shows both part ies have agreed to the oxygen credit transaction;

(4) the name and address of the person conducti ng an attest engagement required under

18 AAC 53.170 and the results of the attest engagement or, if using the per-gallon method of compliance described in 18 AAC 53.035, each final report and certification statement required by 18 AAC 53.100(c);

(5) the name and address of the person fr om whom each shipment of gasoline was received, and the date when it was received;

(6) each bulk shipment of gasoline received, including the

(A) volume of each shipment;

(B) type, purity, and percenta ge by volume of oxygenate; and

(C) oxygen content by weight;

(7) the volume of each bulk shipment of oxygenates;Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 14 (8) the name and address of the person fr om whom a bulk shipment of oxygenate was received;

(9) the date and destination of each sale of gasoline, whether or not it was intended for use within a control area;

(10) each shipment of gasoline sold or distributed including the

(A) volume of each shipment;

(B) type, purity, and percenta ge by volume of oxygenate; and

(C) oxygen content by weight;

(11) the results of all tests done to dete rmine the oxygen content of gasoline; and

(12) the name, address, and permit number of each CAR to whom any gasoline was sold or distributed, and the da te of each transaction.

(e) A retailer or a wholesale pu rchaser-consumer within a control area shall maintain a record of

(1) the name, address, and permit number of each CAR from whom a shipment of gasoline was purchased or received, and th e date each shipment was received; and

(2) each shipment of gasoline bought, sold, or transported, including the

(A) volume of each shipment;

(B) type, purity, and percen tage by volume of oxygenate;

(C) oxygen content by weight;

(D) destination of each sale or shipment of gasoline, whether or not it is intended for use within a control area; and

(E) bill of lading (BOL) number or product transfer document invoice number.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.100. REPORTING.

(a) On forms approved by the department, a CAR shall submit to the department the information gathered to show compliance with 18 AAC 53.035 or 18 AAC 53.040 for each control period, as

follows:

(1) a monthly interim report for November, Decem ber, and January, no later than 30 days after the last day of each month; andAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Requi rements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 15 (2) a summary report, within 30 days after the end of each control period.

(b) At the end of each control period, a CAR must have an attest engagement conducted in accordance with 18 AAC 53.170 if the averaging oxygen content method of compliance under 18

AAC 53.040 was used. The CAR shall submit an a ttest engagement report to the department by the June 15 following the re levant control period.

(c) By the June 15 following each control period, a CAR shall submit a final report if the per-gallon method of compliance under 18 AAC 53.035 was used. The report must be on a form provided by the department and must include the documentation required by 18 AAC 53.035. The department's report form will contain the statemen t: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this report are true, accurate, and complete. I understand that any falsification of this report is subject to punishment under AS 11.56.210." An official of the CAR who is responsible for the documentation shall sign the report form in the space provided after the certification statement and have the signature notarized.

(d) The department will, in its discretion, perf orm an audit to verify information and documentation provided in a report submitted under (a) or (c) of this section.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.105. PRODUCT TRANSFER DOCUMENT.

(a) Beginning five days before the first day of a control period until the end of that control period, each time that the physical custody or title to gaso line in or from a control area is transferred, a product transfer document must accompany the gaso line. The requirements of this subsection do not apply when gasoline is dispensed.

(b) A person subject to this chap ter may not misrepresent the oxygen content of gasoline in a product transfer document.

(c) Beginning five days befo re the first day of a control period unt il the end of that control period, a person subject to this chapter may not accept deliv ery of gasoline in or fr om a control area unless the gasoline is accompanied by a product transfer document.

(d) If the transferor of the gasoline is a CAR, that CAR shall provide to the transferee a product transfer document containing the info rmation required in this subsecti on in addition to, or as part of, a bill of lading or invoice. The product transfer document must legibly and conspicuously contain

(1) the bill of lading (BOL) or produc t transfer document invoice number;

(2) the date of the transfer;

(3) the name, address, and CAR permit number of the transferor;Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 16 (4) the name and address of the transferee and, if the transferee is a CA R, the transferee’s CAR permit number;

(5) the volume of gaso line transferred;

(6) identification of the gaso line as nonoxygenated or oxygenated;

(7) the location of the gasoline at the time of the transfer;

(8) the type of oxygenate;

(9) the percentage by volume, to the nearest percent, of oxygenate in the gasoline; and

(10) the percentage by weight, to the nearest te nth of a percent, of oxygen content in the gasoline.

(e) If the transferor of the gasoline is downstream of a CAR, the transferor shall ensure that a

transfer ticket is marked with the bill of lading or product transfer document invoice number provided by the CAR under (d) of this section, as follows: BOL No. ___. This transfer ticket satisfies the requirements of (a) of this section.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.120. INSPECTION AND SAMPLING.

With consent from a person subject to this chapter, the department or its designee will

(1) enter that person's business premises to determine compliance with this chapter;

(2) inspect records subject to 18 AAC 53.090, 18 AAC 53.100, and 18 AAC 53.105; and

(3) take gasoline samples for testing.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.130. LIABILITY FOR VIOLATION.

Except as provided in 18 AAC 53.005(e)(2) and 18 AAC 53.140, if gasoline contained in a storage tank at a facility owned, leased, operated, controlled, or supervis ed by a person subject to this chapter is found to be in violation of this chapter, the following persons are liable fo r that violation:

(1) the retailer, wholesale purch aser-consumer, distributor, resell er, carrier, CAR, refiner, importer, or oxygenate blender who owns, leases, operates, controls , or supervises the facility where the violation is found;

(2) each CAR, oxygenate blender, distributor, resell er, and carrier who, downstream of the control area terminal, sold, offered for sale, dispensed, s upplied, offered to supply, stored, transported, or caused the transportation of gasoline that is in the storage tank c ontaining the gasoline found to beAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 17 in violation; and

(3) each refiner, importer, CAR, oxygenate bl ender, distributor, rese ller, and carrier who manufactured, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, or caused the transpor tation of gasoline that is in the storage tank containing gasoline

found to be in violation.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.140. DEFENSES FOR VIOLATION.

(a) Subject to (b) of this section, the followi ng is a defense for a violation of 18 AAC 53.005(d)(1)-(5):

(1) the person can demonstrate that the violatio n was not caused by that person or that person's employee or agent; and

(2) the oxygen content stated in the product transfer documen t meets the requirements of 18 AAC 53.020 for the current control period.

(b) A person seeking to assert a defense under th is section who is not a retailer or wholesale purchaser-consumer must, in addition to meeti ng the requirements of (a) of this section,

demonstrate that

(1) the oxygen content was not misrepresent ed in the product transfer document or otherwise; and

(2) that person conducted a quality assurance sa mpling and testing program as described

in 18 AAC 53.160 at or before the time the violation occurred.

(c) In defense of a violation found at a facility operating under the co rporate, trade, or brand name of a refiner, a refiner must show, in addition to the defense in (a) of this section, that the violation was caused by

(1) another person who violated a law, other than 18 AAC 50 or this ch apter, including an act of sabotage or vandalism;

(2) the action of a reseller, distri butor, oxygenate blender, carrier, or a retailer or wholesale purchaser-consumer who violated a contractual oblig ation imposed by the refiner that was designed to prevent the action that caused the violation, despite periodic sampling and testing by the refiner to ensure complian ce with the contractual obligation; or

(3) the action of a carrier or other distributor who was not subject to a contract with the refiner but who is used by the refiner for tran sportation of gasoline, that occurred despite the refiner's specification or inspection of proce dures and equipment and the periodic sampling and testing that was reasonably calc ulated to prevent that action.Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 18 (d) In this section, the term "was not caused" means that the person can demonstrate by reasonably specific evidence, either direct or circ umstantial, that the violation was caused or must have been caused by another person.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.150. TEMPORARY VARIANCES.

(a) A person may apply for a temporary variance from the requirements of this chapter if, for reasons beyond the applicant’s control, the applican t cannot comply with the requirements of this chapter. The department will grant a request fo r a temporary variance, after public hearing and opportunity for comment, if the department finds that

(1) the circumstances prompting the request are extreme and unusual;

(2) the benefits to the public of allowing th e business to continue operations exceed any detriment to air quality caused by the noncompliance;

(3) prudent planning was exercised, th e noncompliance was unavoidable, and all reasonable steps to minimize the extent of the noncompliance are being taken;

(4) the applicant shows that compliance wi ll be achieved as s oon as possible; and

(5) the applicant agrees to offset all or a por tion of the excess emissions associated with the use of nonconforming gasoline, if practicable , and to apply reasonable substitute or alternative air pollution control measures that the departme nt, in its discretion, prescribes.

(b) A temporary variance granted under (a) of this section will be subject to conditions consistent with the reasons for the variance, a nd will include the following time limits:

(1) if the variance is granted on the grounds that there is no practicable means known or available for complying with this chapter, the variance will be effective only until the necessary means of complying b ecome known or available; or (2) if the variance is granted on the ground that it is justified to relieve or prevent hardship

of a kind other than that describe d in (1) of this subsection, the variance will be effective for no more than one year.

(c) An application for a temporary variance must be submitted to the department and must include

(1) the specific grounds upon which the variance is sought, includi ng evidence that the conditions in (a) of this section are met;

(2) the proposed date by which compliance will be achieved or reestablished; and

(3) a description of the applic ants plan to achieve compliance, including any applicable increments of progress.Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 19 (d) Within 30 days after the department receive s a complete application under this section, the department will hold a public hearing to de termine whether, and under what conditions, a temporary variance will be granted. At least tw o weeks before the hearing, the department will send written notice to the applicant and the EPA a nd publish notice of the hear ing in a newspaper of general circulation in the affected control area. A notice under this subsection will state that any interested person may present test imony or evidence regarding the re quest for a variance, including comments concerning the cost of compliance with the regulations and alternative practical methods of complying.

(e) The department will issue a de cision on the request for a vari ance within 10 days after the public hearing.

(f) After the department issues a decision on th e request for variance, any person adversely affected by the decision may request an adjudi catory hearing in the manner provided in 18 AAC

15.200 - 18 AAC 15.920.

(g) A variance granted under this section does not pr event or limit the applic ation of an emergency

order issued under AS 46.03.820.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.160. QUALITY ASSURANCE PROGRAM.

(a) To demonstrate an acceptable gasoline quality assurance program under this chapter, a CAR shall conduct periodic sampling and testing to de termine whether the gasoline has an oxygen content that is consistent with the produc t transfer document required by 18 AAC 53.105.

(b) A control area terminal owner or operator may not ac cept gasoline into a c ontrol area terminal unless that owner or operator first conducts a quality assurance program as described in (a) of this

section.

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.170. ATTEST ENGAGEMENTS.

(a) To meet the reporting requirements of 18 AAC 53.100(b), a CAR must submit to an attest engagement that consists of a review of the supporting document ation used to prepare reports required under this chapter, for accuracy, complete ness, and conformance with the requirements of this chapter.

(b) An attest engagement must be conducted by an independent certified pub lic accountant (CPA) in a manner consistent with applicable profession al standards, including those in 12 AAC 04. The CPA may not be an employee of the CAR. Noth ing in this subsection prohibits the CPA from requesting assistance from the CAR' s internal auditors in accord ance with the document entitled Codification of Statements on Standards for Attestation Engagements , published by the American

Institute of Certified Public Accountants (AICPA), as amended through January 1, 1997.

(c) A CPA shall exercise due diligence in conducting an attest engagement in accordance with theAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 20 agreed-upon procedures desc ribed in this section.

(d) Unless another form of sample selection is approved by the department, a CPA shall determine the sample size for each population of supporting documentation that is sampled in the attest engagement as set out in Table 1 of this section. The number of the population from which a sample must be drawn may vary depending on th e circumstances for each attest engagement. Sample items must be selected in such a way that the sample can be expected to be representative of the population. If the department approves the us e of another method of sample selection, or another method to determine the sample size, th at method must be summa rized in the attest

engagement report.

TABLE 1. POPULATION SAMPLE SIZE

Number in Population (N) Sample Size

66 or larger 59

41 - 65 41

26 - 40 31 0 - 25 N or 24, whichever is smaller

(e) An attest engagement must include the review and analysis of CAR records that show the

(1) quantity and oxygen content of gasoline enteri ng the terminal and leaving the terminal in bulk;

(2) destination, quantity, and oxygen content of each truckload of oxygenated gasoline going to specific covered areas;

(3) oxygen content of gasoline in storage tanks from which trucks are loaded, and the calculations used to determine the characteristics of the gasoline;

(4) oxygenate type and amount that was blended; and

(5) testing results for storage tanks wh en additional gasoline is added.

(f) Unless other procedures are approved by the depart ment, an attest engagement must include at least the following agreed-upon procedures, as appropriate, when reviewing a CAR's reporting

forms:

(1) read the reports completed by CAR manage ment and submitted to the department as required in 18 AAC 53.100;

(2) obtain from the CAR an inventory reconc iliation that summarizes the receipts and deliveries of all gasoline, gasoline blendsto cks, and oxygenates by a CAR serving a control area, andAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 21 (A) test the mathematical accuracy of the inventory reconciliation;

(B) agree beginning and ending inventor y amounts to the company's perpetual inventory records; and

(C) agree deliveries into the control area to the reports submitted to the state as required in 18 AAC 53.100, if applicable;

(3) obtain a listing of all gasoline, gasoline bl endstocks, and oxygenate receipts during the period, and

(A) test the mathematical accuracy of the listing;

(B) agree amounts to the inve ntory reconciliation; and

(C) select a representative sample of i ndividual receipts of gasoline, gasoline blendstocks, and oxygenates, and trace details back to source documents;

(4) obtain a listing of all gasolin e, gasoline blendstocks, and oxygenates sold or dispensed during the period, and

(A) test the mathematical accuracy of the listing;

(B) agree amounts to the inventor y reconciliation report; and

(C) select a representative sample of indivi dual batches sold or dispensed both into and outside the control area, and

(i) agree volumes for the sample items to the original bill of lading or other source documents; and

(ii) for sales or deliveries into the c ontrol area, determ ine that oxygenate content meets the required oxygen cont ent standard identified in 18 AAC 53.020 by examining bills of lading;

(5) calculate the oxygen content units by multiplying the required oxygen content identified in 18 AAC 53.020 by the total volume of oxygenated gasoline sold or dispensed

into the control area as indicat ed in the inventory reconcilia tion report, and agree to the reports submitted to the departme nt as required in 18 AAC 53.100;

(6) calculate the actual to tal oxygen credit units generated by adding together the oxygen content units of each batch or truckload of oxyge nated gasoline that was sold or dispensed in the control area;

(7) calculate the adjusted actual total oxygen content un its that are the sum ofAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 22 (A) the actual total oxygen c ontent units generated in (6) of this subsection; plus

(B) the total oxygen credits purchased or acquired through trade; minus

(C) the total oxygen credits sold or given away through trade;

(8) test the actual total oxygen content units in (6) of this subsection as follows:

(A) for CARs using rack and splash blending, recompute oxygen content by weight for a representative sample of de liveries based on detailed meter readings of gasoline, blendstocks, an d oxygenate receipts; and

(B) for CARs using in-tank blending of gasoline, blendstocks, and oxygenates, obtain a register of RWOC by tank and using the individual sample items selected in (3) and (4) of this subsection, test the calculation of running totals; and

(C) for CARs using in-tank blending of gasoline, blendstocks, and oxygenates, and where laboratory analysis is used within the CAR's weighted average calculation, select individual analysis re ports of oxygenated gasoline receipts and deliveries during the period on a re presentative sample basis to

(i) review laboratory results for consistency with the CAR's calculations, noting oxygen volume and specific gravity;

(ii) recalculate oxygen by weight; and

(iii) agree information on laboratory reports to underlying delivery and receiving information;

(9) obtain a register of oxygen credit purchases and sales, and select representative samples of oxygen credits purchas ed and oxygen credits sold, and

(A) agree selected oxygen credit transactions to the transfer agreement or other supporting documentation, noting the volume and oxygen content of the gasoline

associated with th e oxygen credits; and

(B) agree to the transfer agreement or other supporting docu mentation that the

(i) oxygen credits are generated in the sa me control area as they are used;

(ii) oxygen credits are generated in the same averaging period as they are used;

(iii) ownership of oxygen credits is tran sferred only between CARs; andAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 23 (iv) oxygen credit transfer agreement is made no later than 15 days after the last day of the control period in wh ich the oxygen credits are generated; and

(10) prepare an attestation report to the CAR c lient that complies with the requirements in (b) of this section, and that indicates the results of perfor ming the attest engagement under

this section.

(g) The attestation report required in (f)(10) of this se ction must include

(1) the description and location of all records reviewed duri ng the attest engagement;

(2) the names and positions of all persons responsible for preparing the CAR's reports to the department, including persons who gath ered information, operational personnel, and officers;

(3) the location and description of the refine ry, import facility, or terminal audited, including its operating procedur es and internal controls;

(4) specific reports and examples of calculations performed in the conduct of the attest

engagement;

(5) summaries or duplicates of records that support the CPA's findings, analyses, and conclusions; and

(6) a complete list of all discrepancies that the CPA found during the co nduct of the attest

engagement.

Editor’s note: The document entitled [,] Codification of Statements on Standards for Attestation Engagements , referred to in this section may be re viewed at the department’s Anchorage, Fairbanks, or Juneau offices, or it may be ordered from the American Institute of Certified Public Accountants, P.O. Box 1003, New York, NY 10108-1003 (800-334-6961).

State effective: 10/31/97; EPA effective: 2/28/00

18 AAC 53.190. SUSPENSION AND REESTA BLISHMENT OF CONTROL PERIOD.

(a) Subject to (b) of this secti on, if a control area attains the N AAQS for carbon monoxide, and after consultation with and approval by the administra tor, the commissioner will suspend the oxygenated gasoline control period under 18 AAC 53.010 in that control area.

(b) If the requirements for oxygenated gasoline in a control area are suspended under (a) of this section, and the control area violated the NAAQS for carbon m onoxide the department will reestablish the control period under 18 AAC 53.010.

State effective2/20/2004; EPA effective: 7/23/2004

18 AAC 53 Article 9. General ProvisionsAlaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 24 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 conduc ting an attest engagement that have been jointly establ ished by the independent certifie d 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 be fore 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 dist ribution network without taking title to or otherwise having ownership of th e gasoline and without altering th e quality or quantity of the gasoline;

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

(10) "control area" means a geographic area desc ribed in 18 AAC 53.010(c);

(11) "control area oxygenate blending facility" means a facility or truck at which oxygenate is added to gasoline or bl endstock that is intended for us e in a control area and at which the quality or quantity of gasolin e is not otherwise altered exce pt 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;Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES xxv (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 bu lk, 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 ar ea during a control period is sold or transferre d 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

(A) to the ultimate consumer at a retail outlet; or

(B) from a wholesale purchaser-consumer facility;

(17) "distribute" means to transport, store, or ca use the transportati on or storage of gasoline at any point between a ga soline refinery or importer's f acility 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 fu el that is not hydrocarbon;

(21) "importer" means a person, other than an ultim ate consumer, who brings gasoline owned by that person from outside the stat e 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;Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 26 (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 adju sted 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, ope rates, 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, operate s, 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;Alaska Administrative Code Title 18 Envir onmental Conservation, Chapter 53 Fuel Re quirements for Motor Vehicles (18 AAC 53)

EPA-APPROVED ALASKA REGULAT IONS AND STATUTES 27 (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 s upplier or distributor for use in a motor vehicle;

(C) receives delivery of gasoline 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.

State effective: 10/31/97; EPA effective: 2/28/00