Sec. 225-3.2. Definitions

(a) For the purpose of this Subpart, the general definitions of Part 200 of this Title apply.

(b) For the purpose of this Subpart, the following definitions also apply:

(1) ASTM. American Society for Testing and Materials.

(2) Carbon monoxide (CO). A colorless, odorless, tasteless gas at standard conditions having a molecular composition of one carbon atom and one oxygen atom.

(3)

(i) The Consolidated Metropolitan Statistical Area (CMSA) in which a carbon monoxide nonattainment area is located; or

(ii) if the area is not located in a CMSA, the Metropolitan Statistical Area (MSA) in which the area is located; or

(iii) if an area which was designated as nonattainment is redesignated as attainment for carbon monoxide, that CMSA or MSA as long as is necessary to maintain such standard in that area. The following shall be considered to be carbon monoxide control areas:

(a) New York City Consolidated Metropolitan Statistical Area (New York City CMSA). This area consists of the counties of Bronx, Kings, Queens, New York, Richmond, Orange, Rockland, Putnam, Westchester, Nassau and Suffolk.

(b) Syracuse Metropolitan Statistical Area (Syracuse MSA). This area consists of the counties of Onondaga, Oswego and Madison.

(4) Conforming gasoline. Any gasoline which conforms with the requirements of section 225-3.3 of this Subpart.

(5) Distributor. Any person who transports or stores or causes the transportation or storage of gasoline at any point between a refinery or importer's facility and a retail outlet or wholesale purchaser-consumer's facility.

(6) Ethanol blending plant. Any refinery at which gasoline is produced solely through the addition of ethanol to gasoline, and at which the quality or quantity of gasoline is not altered in any other manner.

(7) Final distribution facility. The stationary facility of a distributor from which gasoline is supplied to a retail outlet or wholesale purchaser-consumer's facility.

(8) Gasoline. A volatile liquid mixture containing hydrocarbons or a blend of this mixture with one or more oxygen containing ashless organic compounds, such as alcohols or ethers, which is suitable for use in motor vehicles with spark-ignition, internal combustion engines and which is commonly or commercially known or sold as gasoline.

(9) Gasoline bulk plant (bulk plant). A gasoline storage and distribution facility with an average daily throughput of 40,000 gallons of gasoline or less.

(10) Gasoline loading terminal (terminal). A gasoline storage and distribution facility with an average daily throughput greater than 40,000 gallons of gasoline or with an emission rate potential of volatile organic compounds of 100 tons per year or greater.

(11) Nonconforming gasoline. Any gasoline which does not conform with the requirements of section 225-3.3 of this Subpart.

(12) Numeric allowance. The maximum margin of error in vehicle miles traveled allowed by the United States Environmental Protection Agency pursuant to 42 U.S.C. section 7512a(a)(2)(A). (See Table 1, section 200.9 of this Title). (Note: As of November 15, 1992, the numeric allowance is five percent for calendar year 1993, four percent for 1994, and three percent for 1995 and subsequent years.)

(13) Refiner. Any person who owns, leases, operates, controls, or supervises a refinery.

(14) Refinery. Any facility, including an ethanol blending plant, which produces gasoline.

(15) Reid vapor pressure (RVP). A measure of the vapor pressure of a gasoline in pounds per square inch absolute at 100°F.

(16) Reseller. Any person who purchases gasoline and resells or transfers it to a retailer or a wholesale purchaser-consumer.

(17) Retail outlet. Any establishment at which gasoline is sold or offered for sale to the general public for use in motor vehicles.

(18) Retailer. Any person who owns, leases, operates, controls or supervises a retail outlet.

(19) Ultimate consumer. The first person who purchases or obtains gasoline for use in motor vehicles.

(20) VMT tracking area. The area in which the vehicle miles traveled (VMT) must be monitored or tracked in accordance with 42 U.S.C. section 7512a(a)(2)(A). (see Table 1, section 200.9 of this Title).

(21) Wholesale purchaser-consumer. Any ultimate consumer of gasoline who purchases or obtains gasoline from a supplier for use in motor vehicles and receives delivery of that product into a storage tank, substantially under the control of that person, of at least 550-gallon capacity.