(a) Beginning October 1, 1992, no person shall supply, sell, or dispense any gasoline for use as motor vehicle fuel in El Paso County during the period of October 1 through March 31 of each year, unless the gasoline has a minimum oxygen content of 2.7% by weight, except as allowed under subsection (g) of this section.
(b) No averaging, banking, or trading of oxygenate credits will be allowed until such time as a mechanism for the reporting and tracking of these credits is established by the executive director.
(c) All gasoline storage, refining, and blending facilities; gasoline terminal and bulk plants; and gasoline transporters affected by this section shall be registered with the commission and the El Paso City-County Health District. The owner or operator of each affected facility shall provide the following information to the executive director and shall update this information, as necessary, by September 1st of each year:
  (1) company name, mailing address, local street address, and telephone number;
  (2) name and title of the company's chief executive officer and a local contact;
  (3) type of facility;
  (4) commission account numbers, if applicable; and
  (5) description of the affected operation.
(d) All facilities affected by this section shall maintain complete and accurate records for at least two years and shall make such records available to representatives of the executive director, United States Environmental Protection Agency (EPA), or local air pollution agency having jurisdiction in the area upon request. The information in the records shall include, but shall not be limited to, the following:
  (1) for refiners/importers of oxygenated gasoline:
    (A) copies of all results of tests for oxygen content performed on batches of gasoline prior to transfer. For purposes of this rule, a batch of gasoline is considered any quantity greater than one gallon;
    (B) copies of all bills of lading or transfer documents for each batch; and
    (C) documents stating whether or not shipments of gasoline to any facility in a control area for use during a control period were oxygenated or non-oxygenated and stating oxygen content by weight of the gasoline, type of oxygenate used, and oxygenate content by volume.
  (2) for blenders, gasoline terminals, and bulk plants:
    (A) copies of all results of tests for oxygen content performed on batches of gasoline prior to transfer, or records of automated blending operations;
    (B) copies of all documents stating the quantity and oxygen content of the gasoline received and the type of oxygenate received by the facility; and
    (C) copies of all documents stating the quantity of gasoline shipped, whether gasoline shipments from the facility were oxygenated or non-oxygenated, and the type of oxygenate used.
  (3) for gasoline transporters:
    (A) copies of all documents stating the quantity of gasoline received by the transporter, whether the gasoline is oxygenated or non-oxygenated, and the type of oxygenate used; and
    (B) copies of all bills of lading or transfer documents for each batch.
  (4) for retailer and wholesale purchaser-consumer:
    (A) copies of all documents stating the quantity of gasoline received by the facility, whether the gasoline is oxygenated or non-oxygenated, and the type of oxygenate used; and
    (B) copies of all bills of lading or transfer documents for each batch.
(e) The oxygen content of gasoline at facilities affected by this section shall be determined by the following test methods:
  (1) gasoline sampling methodology described in 40 Code of Federal Regulations, Part 80, Appendix D;
  (2) the active version of American Society for Testing and Materials Test Method D4815 for the control periods beginning in 1992 and thereafter;
  (3) EPA Oxygenate Flame Ionization Detector Test Method; or
  (4) other test methods approved by EPA beginning in 1995 and thereafter.
(f) Each gasoline pump at a retail outlet from which oxygenated gasoline is dispensed shall display a legible and conspicuous label on which either the statement in paragraph (1) or in paragraph (2) of this subsection is printed in 36-point bold type in a color contrasting with the intended background. This label shall be placed so it is clearly legible from each side of the pump from which fuel can be dispensed.
  (1) A label on which the following statement is printed shall be displayed only during the period of October 1 through March 31: "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles."
  (2) A label on which the following statement is printed shall be displayed during the period of October 1 through March 31 and may be displayed at any other time up to year-round: "From October 1 through March 31, the gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles."
(g) The sale or distribution of non-oxygenated gasoline in a control area during the control period shall be allowed only under the following conditions:
  (1) such gasoline is segregated from oxygenated gasoline;
  (2) the documents which accompany such gasoline are clearly marked as "non-oxygenated gasoline, not for sale to ultimate consumers in a control area," and shall accompany the gasoline at all times;
  (3) the product is clearly labeled as "blendstock," "export," "storage," or a similar statement to prohibit improper distribution; and
  (4) the non-oxygenated gasoline is in fact not sold or dispensed to ultimate consumers during the control period in the control area.

Source Note: The provisions of this §114.100 adopted to be effective December 1, 1997, 22 TexReg 11388; amended to be effective December 29, 2016, 41 TexReg 10361