Md. Code Regs. 03.03.06.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 03.03.06.05 - Record Keeping

A. A person described in this regulation shall generate and maintain, for a period of not less than 2 years, records detailing compliance information as required by this regulation. Records pertaining to vapor pressure are required only for gasoline produced, stored, transported, supplied, offered for supply, transferred or otherwise handled, sold, offered for sale, or dispensed during the period from May 1 through September 15, inclusive, and records pertaining to oxygen content are required only for gasoline produced, stored, transported, supplied, offered for supply, transferred or otherwise handled, sold, offered for sale, or dispensed during an oxygenated gasoline control period. However, a person should consider that gasoline produced before May 1 for vapor pressure and before the beginning of an oxygenated gasoline control period for oxygen content will remain in the distribution system after the applicable control begins, and therefore should consider keeping appropriate records before the required dates in order to facilitate a defense in instances when violations are detected. All records shall be made available for review by the Bureau or the Department during normal business hours or submitted to the Bureau or the Department for review upon request. These record-keeping requirements are in addition to any motor fuel record keeping required under Tax-General Article, Annotated Code of Maryland.

B. Refiners, Importers, and Blenders. Refiners, importers, and blenders shall, for each separate quantity of gasoline produced or imported, generate and maintain records containing the following information:

(1) The results of the tests, conducted in accordance with Regulations .02 and .03 of this chapter, used to determine the vapor pressure and types and percentages by volume of component oxygenates;

(2) The oxygen content of the gasoline;

(3) The volume of the gasoline; and

(4) The name and address of the person to whom the gasoline was sold or transferred.

C. Terminal Operators. A person who owns, leases, operates, or controls a gasoline terminal shall, for each separate quantity of gasoline handled, generate and maintain records containing the following information:

(1) The owner of the gasoline;

(2) The volume of gasoline;

(3) For gasoline obtained from a refiner or importer and, if available, for gasoline obtained from other sources, the stated vapor pressure, type and percentage by volume of component oxygenates, and oxygen content of the gasoline;

(4) The results of any quality assurance tests performed; and

(5) As applicable, the name and address of the person from whom the gasoline was purchased or acquired or to whom the gasoline was sold or transferred.

D. Retailers, wholesale purchaser-consumers, carriers, resellers, and distributors shall generate and maintain records containing the following information:

(1) The name and address of the person from whom each separate quantity of gasoline was received and the date of receipt; and

(2) Data on each separate quantity of gasoline received, sold, or transported, including:

(a) The volume of gasoline,

(b) If available, the vapor pressure of the gasoline,

(c) If available, the types and percent by volume of component oxygenates,

(d) If available, the oxygen content of the gasoline,

(e) The results of any quality assurance tests performed, and

(f) If applicable, the destination of the gasoline.

E. The documentation addressed by this regulation may be kept in electronic format and shall be available to the Comptroller upon demand.

Md. Code Regs. 03.03.06.05

Regulation .05 amended effective 49:10 Md. R. 562, eff. 5/16/2022