Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 79 - Regulation and Inspection; Motor Fuel › Section 302 KAR 79:011 - Motor fuel quality testing and inspection program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				363.900 - 363.908,
				42 U.S.C.
				7545(o)(1)(D),
				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 procedures to implement
				and administer a motor fuels inspection and testing program.
Section 1. Definitions.
(1) "Administrative Stop-Sale Order" means a
			 motor fuel product is ordered removed from sale to the consumer due to a
			 violation not related to motor fuel quality standards and
			 specifications.
(2) "Alternative
			 fuel" means methanol, denatured ethanol, and other alcohols; mixtures
			 containing eighty-five (85) percent or more by volume of methanol, denatured
			 ethanol, and other alcohols with gasoline or other fuels; natural gas;
			 liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels, other than
			 alcohol, derived from biological materials.
(3) "Anti-Knock Index" or "AKI" means the
			 arithmetic average of the Research Octane Number (RON) and Motor Octane Number
			 (MON): AKI = (RON+MON)/2; this value is called by a variety of names, in
			 addition to anti-knock index, including: Octane rating, Posted octane, (R+M)/2
			 octane.
(4) "Automotive Fuel
			 Rating" means the automotive fuel rating required under the amended Automotive
			 Fuel Ratings, Certification and Posting Rule, 16 C.F.R. Part 306 . The
			 automotive fuel rating for alternative non-liquid automotive fuels is expressed
			 in 16 C.F.R. Part 309.
(5)
			 "Aviation gasoline" means a type of gasoline suitable for use as a fuel in an
			 aviation spark-ignition internal combustion engine.
(6) "Aviation turbine fuel" means a refined
			 middle distillate suitable for use as a fuel in an aviation gas turbine
			 internal combustion engine.
(7)
			 "Biodiesel" means a fuel comprised of, at least ninety-nine (99) percent by
			 volume, mono-alkyl esters of long chain fatty acids derived from vegetable oils
			 or animal fats, designated B- 100 or B-99.
(8) "Biodiesel blend" means hydrocarbon-based
			 diesel fuel blended with between six (6) and twenty (20) percent by volume
			 biodiesel and can contain fuel additives.
(9) "Biomass-based diesel" means a diesel
			 fuel substitute produced or co-produced from non-petroleum renewable resources
			 that meets the registration requirements for fuels and fuel additives
			 established by the Environmental Protection Agency under
			 42 U.S.C.
			 7545
									§ (o) (1) (D), and includes fuel
			 derived from animal wastes, including poultry fats and poultry wastes, and
			 other waste materials, or from municipal solid waste and sludges and oils
			 derived from wastewater and the treatment of wastewater.
(10) "Distributor" means any carrier or
			 supplier that transports or stores, or causes the transportation or storage, of
			 motor fuel without taking title to or otherwise having ownership of the motor
			 fuel and without altering either the quality or quantity.
(11) "Ethanol flex fuel blends", commonly
			 known as "Flex Fuel", means gasoline-ethanol mixtures of more than fifty-one
			 (51) percent but not greater than eighty-three (83) percent ethanol by volume,
			 restricted for use as fuel in vehicles equipped with flexible-fuel spark
			 ignition engines.
(12) "EPA" means
			 the United States Environmental Protection Agency.
(13) "Gasoline-oxygenate blend" means a fuel
			 consisting primarily of gasoline blended with more than one (1) percent by
			 volume oxygenate, with more than three tenths (0.3) of a percent by volume
			 methanol; this includes gasoline-ethanol blends containing between one (1) and
			 fifteen (15) percent ethanol by volume.
(14) "Internal combustion engine" means a
			 device used to generate power by converting chemical energy bound in a fuel via
			 spark-ignition or compression-ignition engine combustion into mechanical work
			 to power a vehicle or other device.
(15) "License" means retail motor fuel
			 license.
(16) "License holder"
			 means the person, owner, or retailer or their delegated representative, that is
			 financially responsible for the cost of fees, fines, corrective actions, and
			 remediation of motor fuel quality, to ensure compliance with the Motor Fuel
			 Inspection and Testing Program pursuant to KRS 363.900-908.
(17) "Manifolded" means a piping connection
			 between two (2) or more tanks that allows fuel to freely flow from one tank to
			 another thus drawing product from multiple tanks.
(18) "Mid-level ethanol flex fuel blends"
			 means gasoline-ethanol mixtures containing between sixteen (16) and fifty (50)
			 percent ethanol by volume, restricted for use in flexible-fuel vehicles with
			 automotive spark-ignition engines.
(19) "Motor Fuel Quality Stop-Sale Order"
			 means a motor fuel product is ordered removed from sale to the consumer for
			 failure to conform to minimum specifications for the particular type, class,
			 and grade.
(20) "Oxygenate" means
			 an oxygen-containing organic compound, such as an alcohol, like ethanol, that
			 can be used as a fuel or fuel supplement.
(21) "Person" means an individual,
			 partnership, corporation, company, firm, association, or other business
			 entity.
(22) "Premium diesel" means
			 diesel fuel identified on retail dispensers with an additional term
			 incorporated directly in a product or grade name that differentiates the fuel
			 and implies the fuel provides properties that meet or exceed the minimum
			 requirements of the NIST Handbook 130 Uniform Engine Fuels and Automotive
			 Lubricants Regulation, §2.2.1 for Premium Diesel Fuel.
(23) "Product transfer documentation" means a
			 bill of lading, invoice, loading, delivery, or meter ticket, bill of sale, or
			 any combination of product delivery documentation meeting the requirements
			 established in this administrative regulation, that shall accompany a shipment
			 of motor fuel.
(24) "Racing
			 gasoline" means a specialty fuel typically used in non-road racing vehicles
			 that is generally of lower volatility and has a narrower boiling range and a
			 higher octane rating than gasoline or gasoline-oxygenate blends made for use in
			 conventional passenger vehicles.
(25) "Reid Vapor Pressure" or "RVP" means a
			 measure of the volatility of gasoline and gasoline-oxygenate blends. It is the
			 property of a liquid fuel that distinguishes its evaporation
			 characteristics.
(26) "Storage
			 tank" means a tank located either above or below ground used to hold motor fuel
			 intended for retail sale.
(27)
			 "V/L" means vapor to liquid ratio.