Section 126.103. Recordkeeping and reporting

(a) Beginning with the terminal owner or operator who sells or transfers gasoline intended for use or used in a control area during the control period, each time the physical custody of or title to a shipment of gasoline changes hands other than when gasoline is sold or transferred for use in motor vehicles at a retail outlet or wholesale purchaser-consumer’s facility, the transferor shall provide to the transferee a copy of the record described in this subsection. This record shall legibly and conspicuously contain the following information:

(1) The date or the sale or transfer.

(2) The name and address of the transferor.

(3) The name and address of the transferee.

(4) The volume of gasoline which is being sold or transferred.

(5) The oxygen content by weight on a per gallon basis determined using the sampling, testing and oxygen content calculations authorized by § 126.102 (relating to sampling and testing).

(6) A statement that either identifies the specific oxygenate contained in the gasoline or identifies whether the oxygenate contained in the gasoline is an alcohol or an ether.

(7) The location of the gasoline at the time of transfer.

(b) Blenders shall maintain copies of the records developed under § 126.102(b) and (c) to determine the oxygen content of the gasoline.

(c) Terminal owners and operators shall maintain copies of the records developed under § 126.102(d) sufficient to verify the oxygen content of the gasoline.

(d) A distributor who transports, stores or causes the transportation or storage of gasoline into or within a control area at any point between a terminal and a retail outlet or wholesale purchaser-consumer’s facility, shall carry and maintain copies of the records containing the information listed in subsection (a).

(e) A retailer or wholesale purchaser-consumer shall maintain copies of the records containing the information listed in subsection (a).

(f) A person subject to the recordkeeping requirements under this section shall maintain the records for at least 2 years and shall make them available or submit them to the Department upon request.

(g) A person except a retailer or wholesale purchaser-consumer who sells or transfers gasoline intended for use or used in a control area during the control period shall provide the Department with a statement upon request, in a form as the Department may prescribe, describing the person’s compliance with the requirements of this subchapter. The statement shall contain a certification by a company officer or the facility manager that the information contained in the statement is accurate.

The provisions of this § 126.103 adopted August 18, 1995, effective August 19, 1995, 25 Pa.B. 3453.

Notation

Cross References

This section cited in 25 Pa. Code § 126.102 (relating to sampling and testing).