(b) Any person who sells or supplies gasoline, subject to subdivision (a) of this section, to retailers or wholesale purchaser-consumers must comply with the requirements of section 225-3.4 of this Subpart which pertain to gasoline RVP.

1. (1) A contingency measure, pursuant to 42 U.S.C. section 7502(c)(9) (see Table 1, section 200.9 of this Title) and 42 U.S.C. section 7512a(a)(3) (see Table 1, section 200.9 of this Title), shall be invoked to limit the maximum allowable wintertime RVP of gasoline sold, supplied, or dispensed in the New York City CMSA after the first quality assured violation of the National Ambient Air Quality Standard (NAAQS) for carbon monoxide at any New York State operated monitor within the New York City CMSA or if either of the following occur:

   1. (i) if the annual estimate of actual vehicle miles traveled (VMT), pursuant to 42 U.S.C. section 7512a(a)(2)(A) (see Table 1, section 200.9 of this Title), in the VMT tracking area within the New York City CMSA during the previous calendar year exceeds the numeric allowance incorporated in the most recent forecast of VMT made prior to that calendar year; or
   2. (ii) if an annual updated forecast of VMT, pursuant to 42 U.S.C. section 7512a(a)(2)(A) (see Table 1, section 200.9 of this Title), in the VMT tracking area within the New York City CMSA for subsequent calendar years exceeds the numeric allowance incorporated in the most recent prior forecast of VMT.

2. (2) Under such a carbon monoxide contingency measure, the following maximum RVP limits of gasoline sold, supplied, or dispensed in the New York City CMSA shall apply:

   1. (i) 13.5 psi during the period November 1st through the last day of February of each year;
   2. (ii) 9.0 psi during the period May 1st through September 15th of each year (the summertime gasoline volatility provisions of subdivisions [a] and [b] of this section are unaffected by the carbon monoxide contingency measure established in this subdivision).

3. (3) Prior to its implementation, the carbon monoxide contingency measure, as established in this subdivision, shall be preceded by the following administrative actions:

   1. (i) the administrator of the United States Environmental Protection Agency, or his or her designee, must find that at least one of the conditions in paragraph (1) of this subdivision has occurred; and
   2. (ii) the commissioner must provide notice in the New York State Register, within 60 days of a finding as referred to in subparagraph (i) of this paragraph that the contingency measure will be invoked.
4. (4) The carbon monoxide contingency measure, as established in this subdivision, shall take effect within 12 months from the date of a finding, as referred to in subparagraph (i) of this paragraph.

(c) Carbon monoxide contingency measure.