1. (a) The requirements of this section are mandatory in a control area. The department strongly recommends compliance with this section in all areas of the state. Notwithstanding the provisions of this section that require the labeling to reflect a minimum oxygen content of 2.0 percent by weight, a person may not dispense gasoline in a control area during a control period unless that gasoline meets the requirements of 18 AAC 53.020 for the current control period.

2. (b) The owner or operator of a dispenser that dispenses oxygenated gasoline shall place on the dispenser a label as described in this subsection, an example of which is shown in Figure 1 of this subsection. The label must remain on the dispenser until oxygenated gasoline is no longer dispensed from it and must

   1. (1) identify the type of oxygenate in the gasoline; the following abbreviations may be used on the dispenser label to identify the type of oxygenate in the gasoline:

      1. (A) "MTBE" for methyl tertiary butyl ether;
      2. (B) "ETBE" for ethyl tertiary butyl ether; and
      3. (C) "TAME" for tertiary amyl methyl ether;
   2. (2) state the gasoline's maximum oxygenate content by volume;
   3. (3) state that the gasoline has an oxygen content of not less than 2.0 percent by weight;
   4. (4) include the statement: "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles";
   5. (5) use legible lettering in block style of at least 20 point bold type;
   6. (6) use lettering that is of a color that contrasts with the color of the label background and use a background color that contrasts with the color of the dispenser; and
   7. (7) be placed on the upper two-thirds of the dispenser, in a position that will be conspicuous to the consumer.

   Figure 1. Example of label required by this subsection

   (not shown in the required 20 point block print)

   THE GASOLINE DISPENSED FROM THIS PUMP IS OXYGENATED AND WILL REDUCE CARBON MONOXIDE POLLUTION FROM MOTOR VEHICLES. THE GASOLINE IS OXYGENATED WITH ETHANOL AND CONTAINS NO MORE THAN 10 PERCENT ETHANOL BY VOLUME. ITS OXYGEN CONTENT IS NOT LESS THAN 2.0 PERCENT BY WEIGHT.

3. (c) Unless the oxygenate in the gasoline is MTBE or ETBE, the owner or operator shall place on the dispenser a second label, an example of which is shown in Figure 2 of this subsection. The label must remain on the dispenser until oxygenated gasoline is no longer dispensed from it and must

   1. (1) meet the requirements of (b)(5), (6), and (7) of this section;
   2. (2) be placed immediately adjacent to the label required by (b) of this section; and
   3. (3) read: "Warning: The Federal Aviation Administration prohibits the use of this fuel in aircraft."

   Figure 2. Example of label required by this subsection

   (not shown in the required 20 point block print)

   WARNING: THE FEDERAL AVIATION ADMINISTRATION PROHIBITS THE USE OF THIS FUEL IN AIRCRAFT

(Eff. 10/31/97, Register 144)

Authority: AS 44.46.020, AS 46.03.020, AS 46.14.030, AS 46.03.010, AS 46.14.020, AS 46.14.510