41-2125. Area B; sale of gasoline; oxygen
content


A. From and after September 30 through March 31 of each year, 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 area B or that is consumed in a motor vehicle within area B by a
fleet owner shall contain not less than 1.8 per cent by weight of oxygen nor more than
the maximum percentage of oxygen allowed by the provisions of a waiver issued by the
United States environmental protection agency.


B. Notwithstanding subsection A of this section, at any time earlier than sixty
days before September 30 of each year, the designated air quality planning agency for
area B with the concurrence of the director of the department of environmental quality
may give notice, pursuant to the applicable plan required under section 49-406 for the
Tucson air planning area, to the director of the department of weights and measures that
the minimum oxygen content for the ensuing oxygenate seasons will be increased not less
than .3 per cent by weight of oxygen and not more than the maximum percentage of oxygen
allowed for oxygenates by provisions of a waiver issued or other limits established by
the United States environmental protection agency. Before making a determination to
increase the minimum oxygen content pursuant to this subsection, the designated air
quality planning agency for area B shall consider and conduct a cost-benefit analysis on
all reasonable carbon monoxide emission reduction measures that could be implemented in
lieu of increasing the minimum oxygen content.