Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Administrator" "means the Administrator of the United States
				  Environmental Protection Agency."1
"ASTM" means the American Society for Testing and
				  Materials.
"Batch" means any discrete amount of gasoline.
"Blender" means any person who owns, leases, operates,
				  controls, or supervises an oxygenate blending facility.
"Bulk gasoline plant operator" means any person who owns,
				  leases, operates, or controls a plant which is a secondary distribution point
				  for delivering gasoline to local farms, businesses, service stations, and other
				  distribution points, where the total gasoline throughput is 20,000 gallons or
				  less per working day, based on the daily average for the most recent 12-month
				  period.
"Bulk gasoline terminal operator" means any person who owns,
				  leases, operates, or controls a terminal which is a primary distribution point
				  for delivering gasoline to bulk plants, service stations, and other
				  distribution points, where the total gasoline throughput is greater than 20,000
				  gallons per working day, based on the daily average for the most recent
				  12-month period.
"Control area" means the Virginia counties within the
				  Washington, D.C. Metropolitan Statistical Area (MSA) consisting of Arlington,
				  Fairfax, Loudoun, Prince William, and Stafford; and the Virginia cities within
				  the Washington, D.C. MSA consisting of Alexandria, Fairfax, Falls Church,
				  Manassas, and Manassas Park.
"Control period" means a specified four months out of 12,
				  beginning on November 1 of one year and continuing through the last day of
				  February of the following year.
"Owner" means any person who owns or controls any batch of
				  gasoline.
"Oxygenate" means any combustible substance or substances
				  which, when added to gasoline, increases the amount of oxygen in that gasoline
				  blend.
"Oxygenated gasoline" means gasoline which contains a
				  measurable amount of oxygenate.2
"Person" includes an individual, corporation, partnership,
				  association, state, municipality, political subdivision of a state, and any
				  agency, department, or instrumentality of the United States and any officer,
				  agent, or employee thereof.3
"Record" means any document which takes the form of, but is
				  not limited to, a bill of lading, invoice, receipt, commodity manifest, or
				  delivery ticket.
"Retail outlet operator" means any person who owns, leases,
				  operates, or controls any establishment at which gasoline is sold or offered
				  for sale to the ultimate consumer for use in a motor vehicle.
"Sell or transfer" means to sell, exchange, ship, receive, or
				  to offer or expose for sale.
"Substantially similar" means "substantially similar" as
				  stated in § 211(f)(1) of the federal Clean Air Act, 42 USC §
				  7545(f)(1).
"Terminal operator" means any person who owns, leases,
				  operates or controls a gasoline terminal at which gasoline is sold or dispensed
				  into trucks or other containers for transportation to retail outlets or
				  wholesale purchaser-consumer facilities, and shall include, but not be limited
				  to, any bulk gasoline plant operator and any bulk gasoline terminal
				  operator.
"Ultimate consumer" means any person who purchases gasoline
				  for any purpose other than resale.
"Wholesale purchaser-consumer" means any person who is an
				  ultimate consumer of gasoline and who purchases or obtains gasoline from a
				  supplier for use in motor vehicles and receives delivery of gasoline into a
				  storage tank or other gasoline container.
"Wholesale purchaser-consumer facility" means any facility at
				  which a wholesale purchaser-consumer stores gasoline in a storage tank or other
				  gasoline container.
1Clean Air Act § 302(a), 42
				  USC § 7602(a).
2Proposed federal regulation as
				  contained in Federal Register July 9, 1991. The placement of this definition as
				  proposed in the Federal Register would be at 40 CFR § 80.1(oo).
3Clean Air Act § 302(e), 42
				  USC § 7602(e).
Statutory Authority
§§ 59.1-153 and 59.1-156 of the Code of Virginia.