1. (a) Except as provided in (b) of this section, for the period beginning five days before the first day of a control period and ending on the last day of that control period, all gasoline sold, offered for sale, or distributed by a CAR for use in a control area during a control period must be oxygenated so that each blend of gasoline has an oxygen content of

   1. (1) not less than 2.7 percent by weight if the CAR is using the per-gallon method of compliance under 18 AAC 53.035; or
   2. (2) not less than 2.0 percent by weight if the CAR is using the averaging method of compliance under 18 AAC 53.040.
2. (b) The provisions of (a) of this section do not preclude the sale or distribution of gasoline that does not meet the requirements of (a) of this section if that gasoline is sold or distributed to another CAR.
3. (c) The actual oxygen content of a gallon of oxygenated gasoline must be determined in accordance with the calculations set out in 18 AAC 53.030.

4. (d) A person who intends to offer for sale, sell, or dispense gasoline downstream of a CAR in a control area during a control period may sell or dispense only gasoline that contains not less than 2.7 percent oxygen by weight unless the department has published notice that one or more CARs will use the averaging method of compliance under 18 AAC 53.040. If the department issues a notice under this subsection, the notice will

   1. (1) be published at least 10 days before the control period begins; and

   2. (2) state that

      1. (A) gasoline offered for sale, sold, or dispensed downstream of a CAR in that control area during that control period must contain not less than 2.0 percent oxygen by weight; and
      2. (B) the minimum of 2.0 percent oxygen by weight applies only during the current control period unless the department publishes notice under this subsection in a subsequent control period.

5. (e) For each gallon of gasoline produced or imported for sale or distribution in or from a control area during a control period, a refiner or importer shall document the

   1. (1) oxygen content, using a method described in 18 AAC 53.030;
   2. (2) oxygenate type; and
   3. (3) oxygenate content by volume.

(Eff. 9/25/92, Register 123; am 10/31/97, Register 144)

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