Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 79 - Regulation and Inspection; Motor Fuel › Section 302 KAR 79:012 - Motor fuel quality standards and specifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 363.900-363.908,
				16 C.F.R.
				306.12,
				40 C.F.R.
				80.27
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				363.902 requires the commissioner of the
				department to implement and administer an inspection and testing program for
				motor fuels. This administrative regulation establishes motor fuel quality
				standards and specifications.
Section
			 1. Motor Fuel Quality Standards and Specifications.
(1) If a motor fuel quality standard does not
			 exist, the department shall designate a test or specification based upon the
			 most widely accepted scientific principles.
(2) If it is demonstrated that some impurity
			 or imperfection exists in a motor fuel product offered for sale that renders it
			 unfit for its intended purposes, the product shall be subject to a Level 4
			 Civil Penalty.
(3) These
			 requirements shall not apply to any bulk fuel storage tanks where the product
			 contained therein is being reconditioned and withheld from sale.
(4) Motor fuel containing less than one (1)
			 percent by volume oxygenate, not dispensed from a dedicated hose, shall be
			 subject to a Level 2 Civil Penalty.
(5) Gasoline and gasoline-oxygenate blends
			 containing between zero (0) and up to fifteen (15) percent by volume ethanol
			 shall comply with paragraphs (a) through (f) of this subsection.
(a) Gasoline and gasoline-oxygenate blends
			 shall not be offered for retail sale under the name "premium" or "super"
			 gasoline blends unless its AKI is greater than or equal to ninety-one
			 (91).
(b) Gasoline and
			 gasoline-oxygenate blends shall not be offered for retail sale under the name
			 "plus" or "mid-grade" gasoline unless its AKI is greater than or equal to
			 eighty-nine (89).
(c) Gasoline and
			 gasoline-oxygenate blends shall not be offered for retail sale under the name
			 "regular" gasoline unless its AKI is greater than or equal to eighty-seven
			 (87).
(d) Pursuant to
			 KRS
			 363.902(2), gasoline and
			 gasoline-oxygenate blends offered for sale at a retail facility shall conform
			 to the most recent version of ASTM D4814, Standard Specification for Automotive
			 Spark Ignition Engine Fuel, with the following exceptions, as required by
			 KRS
			 363.904(2):
1. For gasoline-ethanol blends containing
			 between one (1) percent by volume and fifteen (15) percent by volume ethanol,
			 the ASTM International V/L ratio specification shall be waived; and
2. For gasoline-ethanol blends containing up
			 to fifteen (15) percent by volume ethanol, the RVP shall be increased by one
			 (1) pound per square inch.
(e) The maximum concentration of oxygenates
			 permitted in gasoline-oxygenate blends shall be those permitted by the EPA
			 under Clean Air Act,
			 42 U.S.C.
			 7545, and applicable waivers or with not more
			 than sixteen (16) percent Isobutanol.
(f) For gasoline and gasoline-oxygenate
			 blends the Motor Octane Number (MON) shall not be less than eighty-two
			 (82).
(6) Mid-level
			 ethanol flex fuel blends containing between sixteen (16) and fifty (50) percent
			 by volume ethanol, shall meet the latest version of ASTM D7794, Standard
			 Practice for Blending Mid-Level Ethanol Fuel blends for Flexible-Fuel Vehicles
			 with Automotive Spark-Ignition Engines.
(7) Ethanol flex fuel blends containing
			 between fifty-one (51) and eighty-three (83) percent by volume ethanol shall be
			 blended, stored, and conveyed for consumption in accordance with the latest
			 version of ASTM D5798, Standard Specification for Ethanol Fuel Blends for
			 Flexible Fuel Automotive Spark-Ignition Engines.
(8) M-85 Fuel Methanol shall meet the
			 requirements established in the most recent version of ASTM D5797, Standard
			 Specification for Fuel Methanol M51-M85 for Automotive Spark-Ignition
			 Engines.
(9) Diesel fuel that
			 contains not more than five (5) percent by volume biodiesel or biomass-Based
			 diesel shall meet the requirements established in the latest version of ASTM
			 D975, Standard Specification for Diesel Fuel.
(10) All diesel fuels identified on retail
			 dispensers and product transfer documentation with terms such as "premium,"
			 "super," "supreme," "plus," or "premier" shall meet the requirements
			 established in the published version of the NIST Handbook 130 §2.2.1 for
			 Premium Diesel Fuel.
(11) Diesel
			 fuel that contains biodiesel between six (6) percent and twenty (20) percent,
			 by volume, shall meet the requirements established in the latest version of
			 ASTM D7467, Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to
			 B20).
(12) Biodiesel fuel blend
			 stock intended for blending with diesel fuel shall meet the requirements
			 established in the most recent version of ASTM D6751, Standard Specification
			 for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.
(a) Biodiesel fuel blend stock shall be at
			 least ninety-nine (99) percent biodiesel but no more than one (1) percent by
			 volume diesel fuel.
(b) Biodiesel
			 fuel blend stock with less than ninety-nine (99) percent biodiesel shall not be
			 used as a commercial blend stock for biodiesel blends without written
			 notification from the department.
(13) Aviation turbine fuels shall meet the
			 requirements established in the most recent version of the following standards,
			 as applicable:
(a) ASTM D1655, Standard
			 Specification for Aviation Turbine Fuels;
(b) ASTM D7223, Standard Specification for
			 Aviation Certification Turbine Fuel;
(c) ASTM D7566, Standard Specification for
			 Aviation Turbine Fuel Containing Synthesized Hydrocarbons; and
(d) ASTM D6615, Standard Specification for
			 Jet B Wide-Cut Aviation Turbine Fuel.
(14) Aviation gasoline shall meet the most
			 recent version of the following standards, as applicable:
(a) ASTM D910, Standard Specification for
			 Leaded Aviation Gasoline;
(b) ASTM
			 D6227, Standard Specification for Unleaded Aviation Gasoline Containing a
			 Non-hydrocarbon Component; and
(c)
			 ASTM D7547, Standard Specification for Unleaded Only Aviation
			 Gasoline.
(15) Liquefied
			 petroleum gases intended for use as motor fuel shall meet the requirements
			 established in the most recent version of ASTM D1835, Standard Specification
			 for Liquefied Petroleum (LP) Gases.
(16) Racing Gasoline shall meet the
			 requirements established in the gasoline manufacturer's product specifications.
			 Upon the request of the department, each conveyor of racing gasoline shall
			 provide the department with a copy of the manufacturer's product
			 specifications.
(17) Hydrogen fuel
			 for fuel cell vehicles shall meet the requirements established in the most
			 recent edition of SAE J2719 Hydrogen Fuel Quality for Fuel Cell Vehicles. If
			 ASTM International develops applicable standards for Hydrogen Fuel Quality,
			 those standards shall prevail as rule.
(18) Compressed natural gas shall meet the
			 requirements established in the most recent edition of SAE J1616, Recommended
			 Practice for Compressed Natural Gas Vehicle Fuel. If ASTM International
			 develops applicable standards for compressed natural gas, those standards shall
			 prevail as rule.
(19) LNG vehicle
			 fuel shall meet the requirements established in the most recent edition of SAE
			 J2699 Liquefied Natural Gas Vehicle Fuel. If ASTM International develops
			 applicable standards for LNG vehicle fuels, those standards shall prevail as
			 rule.