03.03.05.01

.01 Definitions.

A. In this chapter, the following terms have the meanings indicated, unless otherwise specified.

B. Terms Defined.

(1) "ASTM" means the American Society for Testing and Materials.

(2) "Bureau" means the Motor Fuel Tax Bureau of the Comptroller of the Treasury.

(3) "Conventional gasoline" means any gasoline meeting the minimum specifications established by ASTM, but not meeting the standards for reformulated gasoline established by the United States Environmental Protection Agency (US EPA).

(4) "Department" means the Department of the Environment.

(5) "Dispenser" means a device from which motor fuel is transferred from storage at a retail outlet or wholesale purchaser-consumer facility to an ultimate consumer.

(6) "Ethanol blend" means gasoline which contains at least 9 percent by volume ethanol, excluding denaturants, as determined in accordance with one of the test methodologies specified in COMAR 03.03.06.03B.

(7) "Ethanol-enhanced oxygenated gasoline" means gasoline containing less than 9 percent by volume ethanol, excluding denaturants, as determined in accordance with one of the test methods specified in COMAR 03.03.06.03B.

(8) "Ethanol flex fuel" means automotive fuel blend of gasoline and 51 to 83 percent volume ethanol, commercially known as "E85", for use in ground vehicles equipped with flexible-fuel spark ignition engines.

(9) "Gasoline" means any fuel sold for use in internal combustion spark-ignited engines and which is commonly or commercially known or sold as gasoline, including oxygenated gasoline.

(10) "Motor fuel" means gasoline or special fuel.

(11) "Motor vehicle fuel" means motor fuel.

(12) "Nonoxygenated gasoline" means gasoline which contains no oxygenates or oxygenates in quantities less than or equal to 0.4 percent oxygen by weight.

(13) "Oxygenate" means any oxygen-containing compound approved for use in gasoline under the US EPA's substantially similar definition or under a bona fide US EPA oxygenate waiver.

(14) "Oxygenated gasoline" means gasoline which contains one or more oxygenates in quantities exceeding 0.4 percent oxygen by weight.

(15) "Oxygenated gasoline control area" means a geographic area in which all gasoline sold or dispensed during an oxygenated gasoline control period is subject to the minimum oxygen content requirements of Regulation .01-1N of this chapter. There are three oxygenated gasoline control areas as follows:

(a) The Northeast Oxygenated Gasoline Control Area is comprised of Cecil County;

(b) The Baltimore Oxygenated Gasoline Control Area is comprised of Baltimore City and Anne Arundel, Baltimore, Carroll, Harford, Howard, and Queen Anne's counties; and

(c) The Washington Oxygenated Gasoline Control Area is comprised of Calvert, Charles, Frederick, Montgomery, and Prince George's counties.

(16) "Oxygenated gasoline control period" means the 4-month period which begins each November 1 and runs without interruption through the following February 28 or, in leap years, the following February 29.

(17) "Oxygenate waiver" means an authorization granted by the Administrator of the US EPA under §211(f)(4) of the federal Clean Air Act which permits the addition of specified oxygenates in specified volumes to unleaded nonoxygenated gasoline.

(18) "Ozone attainment areas" means the geographic areas of the State which are not ozone nonattainment areas.

(19) "Ozone nonattainment area" means the geographic areas of the State comprised of Baltimore City and Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent, Montgomery, Prince George's, and Queen Anne's counties.

(20) "Reformulated gasoline (RFG)" means gasoline meeting the requirements of the US EPA definition established under §211(k) of the federal Clean Air Act (42 U.S.C. §7545).

(21) "Reformulated gasoline control area" means ozone nonattainment areas.

(22) "Retail outlet" means an establishment at which motor fuel is sold or offered for sale to an ultimate consumer.

(23) "Special fuel" means any fuel other than gasoline which is sold for use in motor vehicles.

(24) "Substantially similar definition" means an interpretive rule issued by the Administrator of the US EPA under §211(f)(1) of the federal Clean Air Act which permits the addition of specified oxygenates in specified volumes to unleaded nonoxygenated gasoline. The most recent definition appeared in the February 11, 1991, Federal Register (56 FR 5352).

(25) "Transfer" means the physical transfer of custody or the transfer of title of motor fuel from one person to another, excluding the sale or dispensing of motor fuel at a retail outlet or wholesale purchaser-consumer facility for direct consumption in a motor vehicle.

(26) "Ultimate consumer" means a person who purchases or obtains motor fuel for direct consumption in an automotive engine and who does not transfer or offer to transfer the motor fuel to any other person following purchase or receipt.

(27) "Unleaded gasoline" means gasoline which is produced without the use of any lead additive and which contains not more than 0.013 gram of lead per liter (0.05 gram of lead per gallon) and not more than 0.0013 gram of phosphorus per liter (0.005 gram of phosphorus per gallon).

(28) "VOC control region 1" means all of the Maryland reformulated gasoline control area except for Cecil County.

(29) "VOC control region 2" means that portion of the Maryland reformulated gasoline control area consisting of Cecil County.

(30) "Wholesale purchaser-consumer" means an ultimate consumer who receives delivery of motor fuel solely intended for ultimate consumption into a storage tank with a capacity of at least 550 gallons which is substantially under the control of the ultimate consumer.

(31) "Wholesale purchaser-consumer facility" means an establishment at which a wholesale purchaser-consumer stores and dispenses motor fuel for direct consumption in a motor vehicle or an internal combustion engine.