reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.430 - Duty to report change in status

Current through May 31, 2024
A certified mechanic or station shall report to the
				  implementing agency any change in the I/M-related status, including a change in
				  employment or in the home or mailing address, within 10 days after the change
				  occurs.
Authority:
AS
					 46.03.020(10)
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.440 - Monitoring of certified mechanics and stations

Current through May 31, 2024
(a) The
				implementing agency shall conduct routine performance reviews of certified
				mechanics and stations and shall send vehicles used for overt and covert
				performance reviews through a certified station to determine whether proper
				inspections and repairs are being performed. The implementing agency may
(1) perform other inspections, conduct
				quality control checks, and otherwise monitor mechanic and station performance;
				and
(2) contract for the analysis
				of data received from certified stations, and for other assistance.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.445 - Suspension or revocation of certification

Current through May 31, 2024
A certified mechanic or station found by the implementing
				  agency to be in noncompliance with a requirement of this chapter risks
				  suspension or revocation of certification under
				  18 AAC 52.105.
Authority:
AS
					 46.03.020(10)
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.500 - General operating requirements

Current through May 31, 2024
(a) No person or
				business may post a sign or otherwise advertise a facility as a certified
				station or solicit or offer to perform an I/M test if that person or business
				is not certified under this chapter. The owner or operator of a certified
				station shall employ only certified mechanics to perform emissions repairs and
				inspections required under this chapter. The owner or operator shall ensure
				that all equipment is properly maintained and calibrated and that any repair or
				inspection subject to this chapter is done as required by the vehicle
				manufacturer, this chapter, and the program manual, including
(1) ensuring that each EIS used has been
				certified under
				18 AAC 52.420;
(2) following, and requiring mechanics
				employed by the station to follow, the testing procedures and meeting the
				inspection standards set out in Part IV of the program manual; and
(3) using only original equipment
				manufacturer's parts, aftermarket parts that meet original equipment
				manufacturer specifications, or the aftermarket parts authorized for use in
				Part V of the program manual.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.505 - Display of certified station sign

Current through May 31, 2024
(a) Only a station
				certified under this chapter may display a sign or shield bearing the
				inscription "Certified I/M Station, Test and Repair." The sign must conform to
				the design shown in Figure 1 and must be bordered and lettered in light chrome
				yellow. The background must be royal blue. The word "CERTIFIED" must be in 21/4
				inch high gothic letters at the top of the sign. "I/M" must appear where
				indicated in Figure 1 in four-inch high gothic letters below the word
				"CERTIFIED". The word "STATION" must appear where indicated in Figure 1 in 21/4
				inch high gothic letters below "I/M". The words "TEST AND REPAIR" must appear
				on two lines at the bottom of the sign in 11/2 inch high gothic letters. All
				dimensions of the sign may be increased or decreased in uniform proportion.
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				  SIGN
(b) A
				certified station is not required to display the official I/M shield, but the
				following terms are reserved and may appear only on an official shield:
(1) "certified I/M station";
(2) "certified";
(3) "test and repair";
(4) repealed 6/24/94; and
(5) "testing station".
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.510 - Display of certification

Current through May 31, 2024
A certified station shall prominently display in the customer
				  service area each certification issued under this chapter for that station and
				  for each certified mechanic employed by the station. The certifications must be
				  displayed in a manner that is legible by customers while a work order is being
				  completed.
Authority:
AS
					 46.03.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.515 - Inspection charges

Current through May 31, 2024
(a) A certified station shall post in its
				customer service area a clearly legible sign that states
(1) the total cost for an I/M test, pass or
				fail; or
(2) the cost for an I/M
				test and the cost for a certificate of inspection, if the vehicle passes the
				inspection, with each cost listed separately.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.525 - Remote station operation

Current through May 31, 2024
The implementing agency may not certify a mobile I/M test
				  station under this chapter, but may permit I/M tests to be performed at
				  locations not normally used as I/M stations. The implementing agency may issue
				  a remote I/M station certification to an I/M station seeking remote operation
				  capability. A remote station shall be certified if
(1) the station provides only I/M tests, with
				no repairs performed at the remote site;
(2) the operator currently operates a
				certified station at a permanent location;
(3) written notice is provided to the
				implementing agency at least two working days before any I/M tests are
				performed at the remote location; notice under this paragraph must include the
				date, beginning and ending times of operation, location of the remote
				operation, the mechanic's name and certification number, and the serial number
				of the EIS;
(4) the facility where
				remote operations are to be performed meets the applicable requirements of
				18 AAC 52.500 and is open for
				inspection by the implementing agency when I/M tests are being
				performed;
(5) certificates are
				displayed as required in
				18 AAC 52.510 and kept separate
				from those issued to any other station;
(6) all records and files are maintained at
				the permanent station designated in the application;
(7) field inspectors are granted access to
				perform overt and covert performance reviews at the remote station, including a
				review of work orders, VIR records, repair estimates, other I/M documentation,
				and an inventory of all certificates of inspection issued at the station; if an
				employee is not available to provide access, the station shall provide the
				records as soon as the activity that the employee is engaged in is completed,
				or within one hour, whichever occurs first;
(8) the manufacturer of the EIS has reviewed
				the proposed operations and has certified to the implementing agency that the
				system will perform within design specifications for that system under the type
				of operation proposed at the remote station, including provisions for overnight
				storage, minimizing temperature fluctuations between storage and operating
				environments, transportation procedures, and electrical supply;
(9) the manufacturer continues to warrant the
				EIS; and
(10) the I/M station meets
				applicable requirements of this chapter whenever I/M tests are performed by a
				certified mechanic at the remote station, including the requirements regarding
				a dedicated phone line for the EIS, certified mechanics, tools, equipment, and
				reference materials.
Authority:
AS
					 46.03.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.527 - Prescreening prohibited

Current through May 31, 2024
Prescreening is prohibited.
Authority:
AS
					 46.03.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.530 - Preliminary inspection

Current through May 31, 2024
(a) Unless provided otherwise in this
				section, and after a motorist accepts a certified station's cost quotation, the
				station shall inspect all vehicles subject to inspection under this
				chapter.
(b) A certified station
				shall first determine whether a vehicle is subject to this chapter. The owner
				or operator of the certified station, or a certified mechanic employed by the
				station, shall inform the motorist that an inspection is not required for a
				vehicle
(1) that is exempt under
				18 AAC 52.005(f);
(2) with a registration renewal date more
				than 90 days in the future; and
(3)
				repealed 1/1/98;
(4) with a
				registration renewal due the next year, unless the renewal date is 90 days or
				less in the future.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.535 - Test abort conditions

Current through May 31, 2024
(a) If a vehicle becomes untestable during an
				I/M test, the certified mechanic may abort the I/M test. The EIS must allow the
				operator to abort during the data entry or the I/M test. The EIS must request
				the reason for aborting the I/M test and print a vehicle inspection report
				(VIR) that the mechanic shall give to the motorist.
(b) The station may not charge the motorist
				for an aborted test unless the customer requests the test for purposes other
				than obtaining a certificate of inspection.
(c) If the condition that caused an I/M test
				to abort is due to the incompatibility of a vehicle and the EIS, the mechanic
				shall refer the motorist to the referee facility.
18 AAC 52.535 took effect 2/1/94
					 as an emergency regulation. Due to technical corrections made by the
					 regulations attorney in reviewing the "permanent" regulation for filing, the
					 permanent regulation as it was published in Register 130, July 1994, differed
					 from the emergency regulation even though the section's history note did not
					 reflect an amendment to that section.
Authority:
AS
					 46.03.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.545 - Parts on order

Current through May 31, 2024
(a) If, as part of an I/M test performed
				under 18 AAC 52.540(a),
				a certified mechanic determines that necessary repairs cannot be made before a
				vehicle's registration expires, the mechanic or station personnel shall
				complete an I/M estimate and determine parts availability. If the required
				parts are available locally, and the certified mechanic can complete the
				repairs in less than two weeks, the motorist shall have the vehicle repaired
				and tested before it is certified regardless of the date when the vehicle's
				registration expires.
(b) If the
				certified station cannot complete the necessary repairs because required parts
				must be ordered, the certified station shall provide the motorist with the
				documentation that the implementing agency requires the motorist to submit to
				the implementing agency or the referee facility along with the vehicle and the
				vehicle registration. The implementing agency may require the station to
				provide the documentation listed in
				18 AAC 52.070(e) (16).
(c) If the certified station where the
				failing I/M test was performed cannot complete the necessary repairs because
				the required parts must be ordered, the implementing agency or referee facility
				may issue the motorist a temporary permit allowing the vehicle to be driven
				while parts are procured. The cost of parts and labor to repair the vehicle
				must be paid before a temporary permit may be issued under this subsection. A
				temporary permit may not be issued to a vehicle that is registered with a
				seasonal-use waiver between November 1 and March 31. A temporary permit issued
				under this subsection is valid for 30 days.
(d) The certified station shall advise the
				motorist to keep the information listed in (c) of this section with the vehicle
				registration and to take the information along with the vehicle to the referee
				facility for a temporary permit. The referee facility or the implementing
				agency will monitor the temporary permit until the required parts are available
				and the required repairs are complete.
(e) A certified station may not perform a
				partial repair of an emission control system and may begin a repair only when
				all required parts for that repair are available at the station.
Authority:
AS
					 46.03.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.546 - Unavailable parts

Current through May 31, 2024
(a) If, as part of an I/M test performed
				under 18 AAC 52.540(a),
				a certified mechanic determines under
				18 AAC 52.540(a)
				that parts are unavailable for one or more repairs, has completed any repair
				for which all parts are available, and cannot make further repairs to meet the
				repair cost minimum, the mechanic shall
(1)
				refer the motorist to the referee station for an unavailable parts waiver under
				18 AAC 52.060(a) (8); and
(2) provide the motorist with the
				documentation listed in
				18 AAC 52.070(e) (17).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 5 - Certified Station Requirements › 18 AAC 52.550 - Recordkeeping requirements

Current through May 31, 2024
The owner or operator of a certified station shall
(1) maintain at the station legible copies of
				all work orders, repair estimates, vehicle inspection reports, invoices used to
				document repairs and inspections, and any other document related to the I/M
				program;
(2) ensure that records
				are kept for at least two years after the date of the repair or inspection
				unless collected by the implementing agency;
(3) make the records available for inspection
				by the implementing agency or another law enforcement official; and
(4) keep and maintain the records so that
				they are immediately accessible by using information recorded on the VIR
				prepared for each vehicle.
Authority:
AS
					 46.03.020(10)
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.005 - Purpose and applicability; general requirements

Current through May 31, 2024
(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.
(c) The requirements of this chapter apply,
				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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.007 - Dispenser labeling

Current through May 31, 2024
(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 reflect a minimum oxygen content of 2.0
				percent by weight, a person may not dispense gasoline 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 dispenses oxygenated gasoline 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 dispenser until
				oxygenated gasoline is no longer dispensed from it and must
(1) identify the type of oxygenate in the
				gasoline; the following abbreviations may be used on the dispenser label to
				identify the type of oxygenate in the gasoline:
(A) "MTBE" for methyl tertiary butyl
				ether;
(B) "ETBE" for ethyl
				tertiary butyl ether; and
(C)
				"TAME" for tertiary amyl methyl ether;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.010 - Control periods and control areas

Current through May 31, 2024
(a) For the
				purposes of this chapter, the department will establish 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 or is
				reestablished, the department will
(1) publish
				notice in a newspaper serving each control area that will be subject to the
				control period; and
(2) send the
				notice to each CAR registered under
				18 AAC 53.070 for the previous
				control period.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.020 - Required oxygen content

Current through May 31, 2024
(a) Except as
				provided in (b) of this section, for the period beginning five days before the
				first day of a control period and ending on the last day of that control
				period, all gasoline sold, offered for sale, or distributed by a CAR for use in
				a control area during a control period must be oxygenated so that each blend of
				gasoline has an oxygen content of
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.030 - Sampling, testing, and oxygen content calculations

Current through May 31, 2024
(a) To comply with
				the requirements of this chapter, the oxygen content of gasoline must be
				determined by
(1) taking a representative
				sample of the gasoline to be tested, using the sampling methods specified in  40
				C.F.R. 80, Appendix D, as amended through July 1, 1996, hereby adopted by
				reference;
(2) testing the gasoline
				sampled to determine 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 calculations, with volume measurements adjusted to
				60º Fahrenheit:
(A) for blends with only
				one oxygenate:
V oxygenate x d oxygenate x WW 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:
W oxygen = UNHANDLEDCHAR (V oxygen x d oxygenate x W
				  oxygen/oxygenate) _________ (V gas x d gas) + UNHANDLEDCHAR (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
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.035 - Per-gallon method of compliance

Current through May 31, 2024
(a) A CAR using the
				per-gallon method of compliance with this chapter shall document that each
				gallon of gasoline sold or dispensed for use within 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 transferring oxygen
				credits to another CAR.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.040 - Averaging oxygen content method of compliance

Current through May 31, 2024
(a) A CAR using the
				averaging oxygen content method of compliance with this chapter shall document
				that the average oxygen content of the total volume of gasoline sold or
				transferred for use in a control area during a control 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 oxygen 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 necessary to determine whether, at the end of each control
				period and for each control area, a CAR is in compliance with this chapter:
(1) the total volume of oxygenated gasoline
				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 gasoline 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;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.045 - Oxygen credits and debits

Current through May 31, 2024
(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 gasoline is
				transferred by the CAR for use in a control area during a control period. An
				oxygen credit or debit per gallon is calculated by subtracting 2.7 percent from
				the actual percent 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 chapter, 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 transferred only if the oxygen credits are
(1) generated in the same control area in
				which 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 the control period in which the oxygen credits are generated;
				and
(4) created as required by this
				chapter.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.060 - Oxygenated gasoline blending

Current through May 31, 2024
(a) In addition to
				the other applicable requirements of this chapter, a person may not refine,
				distribute, blend, supply, sell, offer for sale, dispense, or otherwise market
				oxygenated gasoline for use in a control area during a control 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 additive 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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.070 - Registration and permit

Current through May 31, 2024
(a) A person may
				not operate as a CAR unless the person has registered with, and obtained a
				permit from, the department. A person who intends 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 control area oxygenate blending facility that the
				applicant owns, leases, operates, controls, or supervises;
(4) the address and physical location where
				the applicant will keep the documents required under this chapter;
(5) the registration fee required in
				18 AAC 53.080(a);
				and
(6) the preliminary permit fee
				required in
				18 AAC 53.080(b) or (c), as applicable.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.080 - CAR fees

Current through May 31, 2024
(a) A person who applies for registration and
				a permit 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 this
				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 which a fee is payable under (b) or (c)
				of this section, a CAR shall pay to the department a final permit fee that is
				equal to $0.0046 per gallon, multiplied by the total number of gallons of
				oxygenated gasoline sold by the CAR for use within the applicable control area
				during the control period that just ended, 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 department
				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 contribution to the total fees
				collected.
Authority:
AS
					 44.46.025
AS 46.03.010
AS 46.03.020
AS 46.14.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.090 - Recordkeeping

Current through May 31, 2024
(a) A person required to maintain records
				described in this section shall keep each record for at least five years after
				that record was produced and shall make the record available to the department
				upon request.
(b) A refiner or an
				importer shall, for each separate quantity of gasoline produced or imported for
				use in a control area during a control 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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.100 - Reporting

Current through May 31, 2024
(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, December, and January, no later than 30 days after the
				last day of each month; and
(2) a
				summary report, within 30 days after the end of each control period.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.105 - Product transfer document

Current through May 31, 2024
(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 gasoline in or from a
				control area is transferred, a product transfer document must accompany the
				gasoline. The requirements of this subsection do not apply when gasoline is
				dispensed.
(b) A person subject to
				this chapter may not misrepresent the oxygen content of gasoline in a product
				transfer document.
(c) Beginning
				five days before the first day of a control period until the end of that
				control period, a person subject to this chapter may not accept delivery of
				gasoline in or from 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 information required in
				this subsection 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 product
				transfer document invoice number;
(2) the date of the transfer;
(3) the name, address, and CAR permit number
				of the transferor;
(4) the name and
				address of the transferee and, if the transferee is a CAR, the transferee's CAR
				permit number;
(5) the volume of
				gasoline transferred;
(6)
				identification of the gasoline 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
				tenth of a percent, of oxygen content in the gasoline.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.120 - Inspection and sampling

Current through May 31, 2024
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.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.14.020
AS 46.14.030
AS 46.14.510
AS
					 46.14.515
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.130 - Liability for violation

Current through May 31, 2024
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 supervised by a person subject to this chapter is found to be in violation
				  of this chapter, the following persons are liable for that violation:
(1) the retailer, wholesale
				purchaser-consumer, distributor, reseller, 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,
				reseller, and carrier who, downstream of the control area terminal, sold,
				offered for sale, dispensed, supplied, offered to supply, stored, transported,
				or caused the transportation of gasoline that is in the storage tank containing
				the gasoline found to be in violation; and
(3) each refiner, importer, CAR, oxygenate
				blender, distributor, reseller, and carrier who manufactured, imported, sold,
				offered for sale, dispensed, supplied, offered for supply, stored, transported,
				or caused the transportation of gasoline that is in the storage tank containing
				gasoline found to be in violation.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.14.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.140 - Defenses for violation

Current through May 31, 2024
(a) Subject to (b) of this section, the
				following is a defense for a violation of
				18 AAC 53.005(d) (1) - (5):
(1) the person can demonstrate that the
				violation was not caused by that person or that person's employee or agent;
				and
(2) the oxygen content stated
				in the product transfer document meets the requirements of
				18 AAC 53.020 for the current
				control period.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.150 - Temporary variances

Current through May 31, 2024
(a) A person may apply for a temporary
				variance from the requirements of this chapter if, for reasons beyond the
				applicant's control, the applicant cannot comply with the requirements of this
				chapter. The department will grant a request for 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 the business to continue operations exceed
				any detriment to air quality caused by the noncompliance;
(3) prudent planning was exercised, the
				noncompliance was unavoidable, and all reasonable steps to minimize the extent
				of the noncompliance are being taken;
(4) the applicant shows that compliance will
				be achieved as soon as possible; and
(5) the applicant agrees to offset all or a
				portion 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 department, in its discretion,
				prescribes.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.160 - Quality assurance program

Current through May 31, 2024
(a) To demonstrate
				an acceptable gasoline quality assurance program under this chapter, a CAR
				shall conduct periodic sampling and testing to determine whether the gasoline
				has an oxygen content that is consistent with the product transfer document
				required by
				18 AAC 53.105.
(b) A control area terminal owner or operator
				may not accept gasoline into a control area terminal unless that owner or
				operator first conducts a quality assurance program as described in (a) of this
				section.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.14.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.170 - Attest engagements

Current through May 31, 2024
(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 documentation used to prepare reports required under this chapter,
				for accuracy, completeness, and conformance with the requirements of this
				chapter.
(b) An attest engagement
				must be conducted by an independent certified public accountant (CPA) in a
				manner consistent with applicable professional standards, including those in 12
				AAC 04. The CPA may not be an employee of the CAR. Nothing in this subsection
				prohibits the CPA from requesting assistance from the CAR's internal auditors
				in accordance 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 the
				agreed-upon procedures described 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 the 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
				use of another method of sample selection, or another method to determine the
				sample size, that method must be summarized in the attest engagement report.
=ep
TABLE 1. POPULATION SAMPLE SIZE Number in Population (N)
				  Sample Size 66 or larger 5941 - 654126 - 40310 - 25N 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
				entering 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 when additional gasoline is added.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 1 - Oxygenated Gasoline Requirements › 18 AAC 53.190 - Suspension and reestablishment of control period

Current through May 31, 2024
(a) Subject to (b)
				of this section, if a control area attains the NAAQS for carbon monoxide, and
				after consultation with and approval by the administrator, 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 monoxide the department will
				reestablish the control period under
				18 AAC 53.010.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.14.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 53 - Fuel Requirements for Motor Vehicles › Article 2 - General Provisions › 18 AAC 53.990 - Definitions

Current through May 31, 2024
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;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.010 - Applicability

Current through May 31, 2024
Subject to the availability of appropriations, and except as
				provided in
				18 AAC 54.200, this chapter
				applies to the award, allocation, and distribution of money that is disbursed
				to the department for the control of emissions or the development or
				administration of air quality control programs in the state, including the
				award, allocation, and distribution of money
(1) from the diesel emissions reduction
			 program under 42 U.S.C.
			 16133 (Energy Policy Act of 2005);
(2) appropriated to the diesel emissions
			 reduction program by, and subject to the provisions of,
			 P.L.
			 111-5, div. A, title VII, 123 Stat. 115, 170
			 (American Recovery and Reinvestment Act of 2009);
(3) from the state and tribal assistance
			 grant program under 42
			 U.S.C. 7403 and
			 7405 (Clean Air Act secs. 103 and
			 105).
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.020 - Eligible entities

Current through May 31, 2024
The following entities are eligible for a subgrant under this
				chapter:
(1) as allowed under
			 42 U.S.C.
			 7403 and
			 7405 (Clean Air Act secs. 103 and
			 105), an air pollution control agency, a public or nonprofit agency, an
			 institution, an organization, or an individual;
(2) as allowed under
			 42 U.S.C.
			 16133 (Energy Policy Act of 2005; diesel
			 emissions reduction program),
(A) a regional,
			 state, local, or tribal agency or port authority with jurisdiction over
			 transportation or air quality; or
(B) a nonprofit organization or institution
			 that
(i) represents or provides pollution
			 reduction or educational services to persons or organizations that own or
			 operate diesel fleets; or
(ii) has,
			 as its principal purpose, the promotion of transportation or air
			 quality.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.030 - Eligible proposals

Current through May 31, 2024
To be eligible under this chapter, a proposal must address the
				control of air emissions or the development or administration of air quality
				control programs in the state for the purpose of reducing air
				pollution.
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.040 - Solicitation process

Current through May 31, 2024
(a) The department will solicit proposals for
			 subgrants under this chapter by publishing notice of the solicitation in a
			 newspaper of general circulation, and posting the notice on the Alaska Online
			 Public Notice System established under
			 AS
			 44.62.175. The department may publish the
			 notice in an additional form or manner that the department considers helpful in
			 making the solicitation known to the public.
(b) In a solicitation, the department will
			 describe
(1) the purpose or activity for which
			 subgrants are available;
(2)
			 criteria for applicant eligibility;
(3) eligible activities;
(4) proposal procedures, including required
			 submissions and timeframes;
(5)
			 amounts of grant money available; and
(6) any specific criteria that will be used
			 to evaluate applications.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.050 - Proposal requirements

Current through May 31, 2024
A proposal submitted in response to a solicitation under
				18 AAC 54.040 must be
(1) complete and on forms provided by the
			 department; to meet the requirements of this paragraph, the proposal must
			 include a project narrative;
(2)
			 submitted by an eligible entity as described in
			 18 AAC 54.020; and
(3) for a project that is eligible under
			 18 AAC 54.030.
Authority:
AS
				  44.46.020
AS
				  46.14.535