Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter A - OXYGENATE CONTENT › Section 126.101 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						applies to gasoline which is sold or transferred into or within a control area
						for use as a motor vehicle fuel during the applicable control period.
(b) A blender may not sell or transfer
						gasoline intended for use or used in a control area to a terminal owner or
						operator, distributor, carrier, reseller, retailer or wholesale
						purchaser-consumer unless the gasoline contains a minimum oxygen content of
						2.7% by weight on a per gallon basis. For the purposes of this subchapter, sell
						or transfer means to offer for sale, exchange, offer to exchange, dispense,
						offer to dispense, supply, offer to supply, store, offer to store, transport or
						cause the transportation.
(c)
						Beginning 5 days prior to the applicable control period, an owner or operator
						of a terminal (as defined in §
												121.1 (relating to definitions))
						may not sell or transfer gasoline intended for use or used in a control area to
						a distributor, carrier, reseller, retailer or wholesale purchaser-consumer
						unless the gasoline contains a minimum oxygen content of 2.7% by weight on a
						per gallon basis.
(d) A
						distributor, carrier or reseller may not sell or transfer gasoline to a
						retailer or to a wholesale purchaser-consumer in a control area unless the
						gasoline contains a minimum oxygen content of 2.7% by weight on a per gallon
						basis.
(e) Beginning November 1 of
						each year or other control period start date which may be specified by EPA, a
						retailer or a wholesale purchaser-consumer in a control area may not sell or
						transfer gasoline unless the gasoline contains a minimum oxygen content of 2.7%
						by weight on a per gallon basis.
(f) Nonoxygenated gasoline may be stored,
						sold or transferred only if it is segregated from all oxygenated gasoline and
						clearly and conspicuously marked as: "Nonoxygenated gasoline, not for sale to
						the ultimate consumer in a control area during a control period."
(g) The requirements of this subchapter apply
						to and remain in effect in a control area during a control period. If a control
						area attains the standard for carbon monoxide and an SIP revision for that
						redesignation which does not require continuance of the requirements of this
						subchapter is approved by EPA, the requirements of this subchapter will not
						apply to the control area, except as provided in subsection (h).
(h) If an area that has been redesignated as
						attainment for carbon monoxide fails to maintain that attainment, the
						requirements of this subchapter shall be reinstated in accordance with the
						provisions of a maintenance plan required by section 175A of the Clean Air Act
						(42 U.S.C.A. §
													7505a) and the regulations promulgated
						thereto provided a notice of the reinstatement is published in the
Pennsylvania Bulletin
not less than 60 days prior to the
						effective date of the reinstatement.