41-2123. Area A; sale of gasoline; oxygen
content
A. From and after November 1 through March 31 of each year:
1. All gasoline that is supplied or sold by any person and that is intended as a
final product for the fueling of motor vehicles within a county with a population of one
million two hundred thousand or more persons and any portion of a county contained in
area A or that is consumed in a motor vehicle in a county with a population of one
million two hundred thousand or more persons and any portion of a county contained in
area A by a fleet owner shall, for a gasoline-ethanol blend, contain not less than ten
per cent by volume of ethanol nor more than the maximum percentage of oxygen allowed by
provisions of a waiver issued or other limits established by the United States
environmental protection agency.
2. All gasoline that is supplied or sold by any person and that is intended as a
final product for the fueling of motor vehicles within a county with a population of one
million two hundred thousand or more persons and any portion of a county contained in
area A or that is consumed in a motor vehicle within a county with a population of one
million two hundred thousand or more persons and any portion of a county contained in
area A by a fleet owner shall, for a blend other than a gasoline-ethanol blend, contain
not less than 2.7 per cent by weight of oxygen nor more than the maximum percentage of
oxygen allowed by provisions of a waiver issued or other limits established by the United
States environmental protection agency.
B. Notwithstanding subsection A of this section, the director of the department of
weights and measures in consultation with the director of the department of environmental
quality shall approve alternate fuel control measures that are submitted by manufacturers
or suppliers of gasoline and that the directors determine will result in motor vehicle
carbon monoxide emissions that are equal to or less than emissions that result under
compliance with subsection A of this section and section 41-2083. In making this
determination, the director of the department of weights and measures and the director of
the department of environmental quality shall compare the emissions of the alternate fuel
control measure with the emissions of a fuel with a maximum vapor pressure standard as
prescribed by section 41-2083 and with the minimum oxygen content or percentage by volume
of ethanol as prescribed by this section.
C. Any alternate fuel control measures that are approved shall not increase
emissions of non-methane hydrocarbons, particulates, carbon monoxide or oxides of
nitrogen. Alternate fuel control measures approved pursuant to subsection B of this
section and this subsection may be used by any manufacturer or supplier of gasoline
unless the approval is rescinded more than one hundred eighty days before the first day
of a gasoline control period. Manufacturers and suppliers who use an approved alternate
fuel control measure shall annually submit a compliance plan to the director of the
department of weights and measures no later than sixty days before the first day of a
gasoline control period.
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