Section 126.101. General

(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.

The provisions of this § 126.101 adopted August 18, 1995, effective August 19, 1995, 25 Pa.B. 3453.