§ 119-26.1. Content of motor fuels and reformulated gasoline.
§ 119‑26.1. Content of motor fuels and reformulated gasoline.
(a) Rules adopted pursuant to G.S. 143‑215.107(a)(9) toregulate the content of motor fuels or to require the use of reformulatedgasoline shall be implemented by the Department of Agriculture and ConsumerServices and the Gasoline and Oil Inspection Board. Such rules shall beimplemented within any area specified by the Environmental ManagementCommission when the Commission certifies to the Commissioner of Agriculturethat implementation:
(1) Will improve the ambient air quality within the specifiedcounty or counties;
(2) Is necessary to achieve attainment or preclude violations ofthe National Ambient Air Quality Standards; or
(3) Is otherwise necessary to meet federal requirements.
(b) The Department of Agriculture and Consumer Services and theGasoline and Oil Inspection Board may adopt rules to implement this section.Rules shall be consistent with the implementation schedule and rules adopted bythe Environmental Management Commission.
(c) The Commissioner of Agriculture may assess and collect civilpenalties for violations of rules adopted under G.S. 143‑215.107(a)(9) orthis section in accordance with G.S. 143‑215.114A. The Commissioner ofAgriculture may institute a civil action for injunctive relief to restrain,abate, or prevent a violation or threatened violation of rules adopted underG.S. 143‑215.107(a)(9) or this section in accordance with G.S. 143‑215.114C.The assessment of a civil penalty under this section and G.S. 143‑215.114Aor institution of a civil action under G.S. 143‑215.114C and this sectionshall not relieve any person from any other penalty or remedy authorized underthis Article.
(c1) The clear proceeds of civil penalties assessed pursuant tothis subsection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.
(d) The Commissioner of Agriculture may delegate his powers andduties under this subsection to the Director of the Standards Division of theDepartment of Agriculture and Consumer Services. (1991 (Reg. Sess., 1992), c. 889, s. 4; 1997‑261,s. 83; 1998‑215, s. 23(a); 1999‑328, s. 2.3.)