Regulatory Text: 
REGULATION NO. 35.   ALTERNATIVE FUELS

(Approved by EPA 11/29/93 (58 FR 62539) at 52.1620(c)(52) effective 01/28/94.  Revisions approved by EPA 05/05/94 (59 FR 23168) at 52.1620(c)(57) effective 07/05/94.)

NOTE TO READER:  The paragraphs preceded by "57" were approved by EPA at 40 CFR 52.1620(c)(57).  The rest of the paragraphs were approved at 40 CFR 52.1620(c)(52).


35.00   Purpose

    The purpose of this regulation is to reduce tail pipe emissions from vehicles in Bernalillo County by providing for the use of alternative fuels in such vehicles.

35.01   Definitions

       A.  "Ethanol" means a colorless volatile flammable alcohol with the molecular composition of C2H6O.

       B.  "Facility or facilities" means a place or places of business which sells or supplies for wholesale or retail purposes gasoline motor fuel, including fuel transporting businesses.

       C.  "Gasoline Motor Fuels" means for purposes of this regulation; any flammable liquid used primarily as fuel for the propulsion of motor vehicles, but does not include diesel engine fuel, kerosene, liquified petroleum gas, natural gas and products specially prepared and sold for use in the turbo-prop or jet-type engines.

       D.  "MTBE" means methyl tertiary butyl ether.

       E.  "Methanol" means a light volatile flammable poisonous liquid alcohol CH3OH formed by the destructive distillation of wood or manufactured from natural gas or coal, and used in combination with heavier co-solvent alcohols as an octane enhancer for addition to gas.

       F.  "Motor Vehicle" means any vehicle propelled by a spark ignited internal combustion engine which is designed primarily for travel on public highways and which is generally and commonly used to transport persons and property over the public highways.

       G.  "Oxygen Content by Weight" means a measurement of the percentage of oxygen in an oxygenated fuel.

       H.  "Oxygenate" means any oxygen-containing ashless, organic compound which may be used as a fuel or as a gasoline blending component and which was approved as a blending agent under the provisions of a waiver issued by the U.S. Environmental Protection Agency pursuant to the Clean Air Act, Section 211(f) (4).

       I.  "Oxygenated Fuel" means a motor vehicle fuel blend, whether leaded or unleaded, consisting primarily of gasoline and a substantial amount of one or more oxygenates, generally an alcohol or ether.
       J.  "Oxygenated Fuels Procedures Manual" means a compilation of procedures developed by the Director pursuant to subsection 35.03.


35.02   Oxygenated Fuels

  Oxygenated fuels shall be used in all gasoline powered motor vehicles as a wintertime-air pollution control strategy for reduction of carbon monoxide emissions in Bernalillo County.

57     A.  Annual Program Duration and Minimum Oxygen Content

57          1.  Beginning November 1 and ending the last day of February of 1991 and every subsequent year thereafter no person shall supply or sell any gasoline motor fuel intended as a final product for fueling of motor vehicles within Bernalillo County, or sold at retail, or sold to a private or government fleet for consumption, or introduced into a motor vehicle in Bernalillo County by any person unless the fuel contains a minimum 2.7 percent oxygen content by weight, except as required pursuant to Section 35.06.

            2.  The blending tolerance for oxygenated fuels shall be established by the Department.

            3.  The Board, after considering EPA guidelines, all available information, reports, data, and testimony, shall make a determination by July of each year whether the oxygenate levels should be  modified or remain the same.

            4.  Oxygenates approved for use in this program shall be blended per unit volume of gasoline motor fuel, and blended up to a 10 per cent by volume for ethanol, and up to 15 per cent by volume MTBE or at the volume for any other gasoline motor fuel additive which has been issued a waiver by the U.S. Environmental Protection Agency pursuant to the Clean Air Act, Section 211(f)(4).

            5.  No gasoline motor fuel blended with methanol and intended as a final product for fueling of motor vehicles shall be sold at retail within Bernalillo County.

       B.  Labeling and Notice to the Public

            1.  All oxygenated motor fuel sold shall be labeled at each dispensing pump identifying the type of oxygenate, in accordance with labeling criteria developed by the Department.  Each gasoline pump stand at retail dispensing facilities must have a label stating, "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles."

            2.  All retail gasoline vending facilities shall keep readily available, all pamphlets, brochures, fact sheets, and other written information provided to them by the Department for information and dissemination to the public.

            3.  The Department shall develop a public education plan to inform the public of the commencement of the program, encourage compliance, and answer questions during the duration of the program. The Board may review the plan and provide guidance and advice to the Department on its implementation.

       C.  Enforcement

            1.  To determine compliance with this regulation, the Department shall develop sampling frequency and testing criteria for gasoline motor fuel.  The Department, upon presentation of proper identification shall be allowed to enter a facility during reasonable times.  The Department may collect those samples deemed appropriate after paying for or offering to pay for these samples at any facility.

            2.  The Department may enter into any agreement as appropriate with any agency of the State, or other local government entities, to assist in the monitoring, compliance, and enforcement of this regulation.

            3.  Any person selling or supplying, or offering to sell or supply gasoline motor fuels not meeting the provisions of this regulation shall be subject to all penalties not inconsistent with the Air Quality Control Act, Sections 74-2-1 et seq., NMSA 1978.

       D.  Suspension of Program Due to Oxygenate Shortage

           Should extreme and unusual circumstances occur in the marketplace preventing the blending of oxygenates at the levels designated by this regulation, the Director may take the necessary steps as a temporary emergency measure to relax or suspend this regulation.  The Director shall inform the members of the Board of such action taken within seven days of this occurrence.  At its next regular meeting, or at a special meeting if so called, the Board shall review the Director's action.

       E.  Program Review

           By the regular meeting of the Board in July of each program year, the Department shall provide a report to the Board reviewing the results of the program, which is to include an analysis of costs and benefits to the consumer, investigations of complaints, compliance and quality assurance activities, and other findings and recommendations.


35.03   Oxygenated Fuels Procedures Manual

57     A.  The Manager shall develop an official document titled Oxygenated Fuels Procedures Manual outlining in sufficient detail the procedures necessary for complying with this regulation.  Upon approval by the Air Quality Control Board, the Manager shall publish the official Oxygenated Fuels Procedures Manual and within ten days of publication provide general notice of its availability.

57     B.  The procedures, details, and specifications contained in the Oxygenated Fuels Procedures Manual will be made part of and incorporated into this regulation and shall become binding upon each party governed by this regulation.

57     C.  The manual shall be subject to revision, amendment, and modification as required, and kept updated by the Director.  Notice of manual revisions, amendments, and modifications shall be provided by the Director with copies made available to the users.  It is the responsibility of the user to obtain and incorporate update revisions, amendments, and modifications as made available by the Director.

35.04   (Reserved)


35.05   (Reserved)


35.06   Contingency Measures

57     In the event that Bernalillo County does not achieve attainment for carbon monoxide by the federal mandate of December 31, 1995, the following additional carbon monoxide control measures will take effect:

57     A.  The minimum oxygen content by weight of 2.7 percent required in Subsection 35.02 A.1. will be increased to 3.0 percent for ethanol beginning November 1, 1996 and continuing through the last day of February 1997 and every subsequent year thereafter.

57     B.  In addition to the blending requirements referenced in Subsection 35.02 A.4., oxygenated fuel shall be blended prior to removal by tank truck from primary supply points (refineries and terminals).


35.07   Severability Clause

       If any section, paragraph, clause, or provision of this regulation shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect the remaining provisions of this regulation.

************ end Albuquerque Regulation 35 ************87l**