Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of rule 3745-72-02 of the Administrative Code titled"Incorporation by reference."
(A) Gasoline containing ethanol may exceed the R.V.P. limit specified in paragraph (A) of rule 3745-72-03 of the Administrative Code by no more than one P.S.I. if the gasoline meets all of the following requirements:
(1) The gasoline must contain denatured, anhydrous ethanol.
(2) The concentration of the anhydrous ethanol, excluding the required denaturing agent, must be at least nine per cent and no more than ten per cent, by volume, of the gasoline.
(3) The ethanol content of the gasoline shall be determined by use of one of the testing methodologies specified in 40 CFR 80.8. The maximum ethanol content of gasoline shall not exceed any applicable waiver conditions under section 211(F)(4) of the Clean Air Act.
(B) Each invoice, loading ticket, bill of lading, delivery ticket, and other document that accompanies a shipment of gasoline containing ethanol shall contain a statement that the gasoline being shipped contains ethanol and shall list the volume percentage of ethanol in that gasoline.