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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter C. GASOLINE VOLATILITY REQUIREMENTS


Sec.


126.301.    Compliant fuel requirement.
126.302.    Recordkeeping and reporting.
126.303.    Compliance and test methods.

Authority

   The provisions of this Subchapter C issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005), unless otherwise noted.

Source

   The provisions of this Subchapter C adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5601, unless otherwise noted.

   (Editor’s Note

   See 31 Pa.B. 5075 (September 8, 2001) and 48 Pa.B. 2347 (April 21, 2018) for suspension of enforcement notices.)

§ 126.301. Compliant fuel requirement.

 (a)  This subchapter applies to gasoline which is sold or transferred into or within the Pittsburgh-Beaver Valley Area during the period May 1 through September 15, 1998, and continuing every year thereafter.

 (b)  A refiner, importer, distributor, reseller, terminal owner and operator or carrier, may not:

   (1)  Sell, exchange or supply gasoline that is not a compliant fuel during the period described in subsection (a).

   (2)  Blend, mix, store or transport or allow blending, mixing, storing or transporting of compliant fuel with noncompliant fuel during the period described in subsection (a).

 (c)  A retailer or wholesale purchaser-consumer may not sell, exchange or supply gasoline that is not a compliant fuel during the period June 1 through September 15, 1998, and continuing every year thereafter.

 (d)  This subchapter will no longer be applicable to the Pittsburgh-Beaver Valley Area upon the effective date of approval by the EPA of the removal, suspension or replacement of this subchapter as a part of the Commonwealth’s SIP.

Authority

   The provisions of this §  126.301 amended under sections 4(18.3) and 5 of the Air Pollution Control Act (35 P.S. § §  4004(18.3) and 4005).

Source

   The provisions of this §  126.301 amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5089; amended April 6, 2018, effective April 7, 2018, 48 Pa.B. 1932. Immediately preceding text appears at serial pages (362875) to (362876).

Cross References

   This section cited in 25 Pa. Code §  126.302 (relating to recordkeeping and reporting); and 25 Pa. Code §  126.303 (relating to compliance and test methods).

§ 126.302. Recordkeeping and reporting.

 (a)  Beginning with the terminal owner or operator who sells or transfers gasoline intended for use in the Pittsburgh-Beaver Valley Area during the period described in §  126.301(a) (relating to compliant fuel requirements), 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, at a minimum, the following information:

   (1)  The date of the sale or transfer.

   (2)  The name and address of the transferor.

   (3)  The name and address of the transferee.

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

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

   (6)  A statement or grade code certifying that the gasoline has an RVP of 7.8 pounds per square inch or less per gallon.

 (b)  A person who transports, stores or sells compliant fuel that is intended for use in the Pittsburgh-Beaver Valley Area during the period described in §  126.301(a), shall segregate the compliant fuel from noncompliant fuel and the documentation described in subsection (a) shall accompany the compliant fuel at all times.

 (c)  Each person in the gasoline distribution network shall maintain records containing the compliance information listed in subsection (a). These records shall be retained for at least 2 years from the date of the sale or transfer of compliant fuel.

 (d)  The records containing the compliance information in subsection (a) for the period described in subsection (c) shall be kept onsite at each point in the distribution network except for retail outlets. Retail outlets shall retain these records for the period described in subsection (c) and only those records for the current period described under §  126.301(c) shall be kept onsite. At the end of each period described under §  126.301(c), these records may be transferred to an alternate location for the remainder of the period described under subsection (c) and be made available to the Department upon request.

Source

   The provisions of this §  126.302 amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5089. Immediately preceding text appears at serial page (237304).

§ 126.303. Compliance and test methods.

 Compliance with the 7.8 pounds per square inch RVP standard shall be determined by use of the sampling and testing methods specified in this section. Sampling or testing of gasoline required by this chapter shall be accomplished as follows:

   (1)  Sampling of gasoline for the purpose of determining compliance with this subchapter shall be conducted in accordance with 40 CFR Part 80, Appendix D (relating to sampling procedures for fuel volatility).

   (2)  Testing of gasoline for purposes of determining compliance with this rule shall be conducted in accordance with 40 CFR Part 80, Appendix E (relating to test for determining Reid Vapor Pressure (RVP) of gasoline and gasoline-oxygenate blend).

Source

   The provisions of this §  126.303 amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5089. Immediately preceding text appears at serial pages (237304) and (250843).



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