N.J. Admin. Code § 7:27-25.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-25.4 - Recordkeeping and compliance determinations

(a) Each refiner, importer, blender or distributor shall:

1. During any applicable control period established pursuant to 7:27-25.3, test all gasoline prior to its release from a refinery, import facility, blending facility or distribution facility for use in a control area within the State to determine its RVP, and for each test prepare a test report which documents the RVP of the gasoline;

2. Certify to the distributor, retailer or wholesale purchaser-consumer to whom gasoline is delivered that the gasoline has been tested in accordance with this section; that, during the RVP control period, the gasoline has an RVP of 9.0 pounds per square inch or less; and that the gasoline is in compliance with all applicable State and Federal regulations, by providing:

i. A copy of the test report prepared pursuant to (a)1 above with the certification contained therein; or

ii. The certification in writing on the invoice, bill of lading, or other transfer document; and

3. Maintain records on all gasoline leaving the refinery, import facility, blending facility, or distribution facility, which document the RVP of the gasoline; shipment quantity; shipment date; and other such information as the Department may prescribe. Documentation may include, but is not limited to, bills of lading, invoice delivery tickets, and loading tickets.

(b) Each retailer or wholesale purchaser-consumer shall maintain records on each delivery of gasoline, including the RVP of the gasoline; delivery quantity; date of delivery; and other such information as the Department may require. Documentation may include, but is not limited to, bills of lading and other transfer documents, invoice delivery tickets and loading tickets, and invoices and test reports certified pursuant to (a)2 above.

(c) Any sampling of gasoline required pursuant to the provisions of this subchapter for determining the RVP of gasoline shall be conducted in accordance with the following methods:

1. For manual sampling: ASTM D4057; or

2. For continuous sampling and nozzle sampling: California Administrative Code Title 14, R.2261(R)(3) and (k)(4)(1987).

(d) All testing for RVP required pursuant to the provisions of this subchapter shall be conducted using one of the following methods:

1. "Method 1--Dry RVP Measurement Method" promulgated at 40 CFR 80, Appendix E;

2. "Method 2--Herzog Semi-Automatic Method" promulgated at 40 CFR 80, Appendix E;

3. "Method 3--Grabner Method" promulgated at 40 CFR 80, Appendix E; or

4. Any other equivalent test method approved in advance in writing by the Department and EPA.

(e) All records and documentation required to be made or maintained in accordance with this section, including any calculations performed, shall be maintained by each refiner, importer, blender, distributor, retailer, and wholesale purchaser-consumer, as applicable, for not less than three years from the date the record is made. Records made within the past year (the previous 12 months) shall, upon request of the Department or its authorized representatives, be immediately available for review. Records made in previous years shall, upon the request of the Department or its authorized representatives, be available for review within five business days.

N.J. Admin. Code § 7:27-25.4

Amended by R.1991 d.462, effective 9/3/1991 (operative November 2, 1991).
See: 23 New Jersey Register 45(b), 23 New Jersey Register 2656(a).
In (a)1, changed "September 1" to "September 15"; added reference to State and Federal regulations. In (c), stylistic revisions. In (d), added 1, 2, 3.
Amended by R.1992 d.382, effective 10/5/1992.
See: 24 New Jersey Register 2386(a), 24 New Jersey Register 3539(a).
Changes reflect oxygen content requirements.
Amended by R.1994 d.85, effective 2/22/1994 (operative March 14, 1994).
See: 25 New Jersey Register 4039(a), 26 New Jersey Register 1148(a).
Emergency Amendment, R.1995 d.129, effective 2/8/1995 (to expire April 9, 1995).
See: 27 New Jersey Register 787(a).
Adopted Concurrent Proposal, R.1995 d.236, effective 4/7/1995 (operative June 5, 1995).
See: 27 New Jersey Register 787(a), 27 New Jersey Register 1479(a), 27 New Jersey Register 1794(b).
Provisions of emergency amendment, R.1995 d.129, adopted without change.
Emergency Amendment, R.1995 d.562, effective 9/28/1995 (expires November 27, 1995).
See: 27 New Jersey Register 4004(a).
Public Notice: Emergency amendment R.1995 d.562 terminated October 2, 1995 by order of the United States District Court, District of New Jersey.
See: 27 New Jersey Register 4116(a).
Amended by R.1998 d.419, effective 8/17/1998 (operative September 9, 1999).
See: 29 New Jersey Register 3222(a), 30 New Jersey Register 3025(b), 31 New Jersey Register 3087(b).
Rewrote the section.