1. A. No person may sell or transfer gasoline to a retail outlet operator or wholesale purchaser-consumer located in the control area during a control period unless such gasoline contains an oxygenate which is:

   1. 1. Of the type and quality allowed under the federal Clean Air Act;
   2. 2. Of a type "substantially similar" under § 211(f)(1) of the federal Clean Air Act, 42 USC § 7545(f)(1); or
   3. 3. Approved through the waiver granted under § 211(f)(4) of the federal Clean Air Act, 42 USC § 7545(f)(4).

2. B. No person may sell or transfer to a retail outlet operator or wholesale purchaser-consumer located in the control area during a control period gasoline that exceeds the maximum oxygen content specified by the "substantially similar" definition of § 211(f)(1) of the federal Clean Air Act, 42 USC § 7545(f)(1), unless such gasoline is approved through the waiver ("the waiver") granted by the administrator under the authority of § 211(f)(4) of the federal Clean Air Act, 42 USC § 7545(f)(1);

   No person may sell or transfer to a retail outlet operator or wholesale purchaser-consumer located in the control area during the control period gasoline approved through the waiver unless the oxygen content of such gasoline is no more than that specified by the waiver.

3. C. No person may use any oxygenate unless it is "substantially similar" as defined by this chapter, or unless it is approved through the waiver.

Statutory Authority

§§ 59.1-153 and 59.1-156 of the Code of Virginia.

Historical Notes

Derived from VR115-04-28 § 4, eff. November 1, 1993.