Proposed Text
CHAPTER 420 REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA GASOLINE AND MOTOR FUEL LAW
(REPEALED)
2VAC5-420-10. Definitions. (Repealed.)
The following words and terms, when used in this chapter,
shall have the following meaning, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the
Virginia Department of Agriculture and Consumer Services.
"Diesel fuel" means, except as provided in
2VAC5-420-40 C of this chapter, liquids used or intended for use for power
purposes in automotive internal combustion compression ignition engines.
"Gasoline" means, except as provided in 2
VAC5-420-40 C of this chapter, liquids used or intended for use as carburants
for power purposes in automotive internal combustion spark ignition engines.
"Virginia Gasoline Law" or "law" means
Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of Virginia.
2VAC5-420-20. General provisions. (Repealed.)
A. The provisions of this chapter, unless specified
otherwise, shall apply to any owner or operator of any facility in the distribution
network at which gasoline or gasoline blends are sold, supplied, or offered for
sale or supply, or transported for sale or use in Virginia.
B. The Virginia Gasoline Law defines gasoline as follows:
"Gasoline shall be construed to include naphtha, benzine, and other like
liquids and fluids derived from petroleum or other sources and used, or
intended to be used, for power purposes, except kerosene."
C. The term "gasoline" as defined in the Virginia
Gasoline Law includes all liquids and fluids used for power purposes, except
kerosene, whether intended for highway or nonhighway use.
D. Nothing in this chapter shall affect the distribution
for sale, offering for sale or sale of gasoline or diesel fuel intended for
nonhighway use except as provided in 2 VAC5-420-40 C of this chapter for
labeling every dispensing device used in the retail of gasoline or diesel fuel.
E. Only those methods of the American Society for Testing
and Materials (ASTM) Test Methods expressly referenced in this chapter are hereby
incorporated by reference.
2VAC5-420-30. Specifications for gasoline and diesel fuel.
(Repealed.)
A. Gasoline. Gasoline shall meet the requirements of the following
specifications when tested in compliance with the latest version of the ASTM
International (formerly the American Society for Testing and Materials) Test
Methods or other test methods specified below:
ASTM D 4814-07b, "Standard Specification for
Automotive Spark Ignition Engine Fuel," except that volatility standards
for unleaded gasoline blended with ethanol shall not be more restrictive than
those adopted under the rules, regulations, and Clean Air Act waivers of the
U.S. Environmental Protection Agency. Gasoline blended with ethanol at
concentrations up to 10% by volume shall be blended under any of the following
three options:
1. The base gasoline used in such blends shall meet the
requirements of ASTM D 4814 and the ethanol shall meet the requirements of ASTM
D 4806-07a, "Standard Specification for Denatured Fuel Ethanol for
Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel,"
with the following exceptions applicable to the gasoline-ethanol blend:
a. The distillation minimum temperature at the 50 volume
percent evaporated point shall not be less than 66°C (150°F);
b. The vapor/liquid ratio specification is waived for
gasoline-ethanol blends of up to 10% ethanol;
2. The blend shall meet the requirements of ASTM D 4814; or
3. The base gasoline used in such blends shall meet all the
requirements of ASTM D 4814 except distillation, and the blend shall meet the
distillation requirements of ASTM D 4814.
Undissolved water and sediment, percent by volume, maximum
0.01% as determined by Virginia Department of Agriculture and Consumer Services
(VDACS) Method of Test. The calculation for the VDACS Method of Test is as
follows:
Volume of water and/or sediment ÷ total volume of sample x
100 = Percent Water and/or Sediment.
B. Blends of gasoline and ethanol shall meet the following
vapor pressure requirements:
1. During the period between June 1 and September 15 of each
calendar year, blends containing 9.0% ethanol by volume and a maximum of 10%
ethanol by volume shall not exceed the ASTM D 4814 vapor pressure limits by
more than 1.0 psi. All other blend concentrations shall meet the ASTM D 4814
vapor pressure limits.
2. During the period between September 16 and May 31 of each
calendar year, all blends of gasoline and ethanol shall not exceed the ASTM D
4814 vapor pressure standard by more than 1.0 psi.
C. Diesel fuel. Diesel fuel shall meet the requirements of
ASTM D 975-08, "Standard Specification for Diesel Fuel Oils."
2VAC5-420-40. Labeling. (Repealed.)
A. Gasoline. Every dispensing device used in the retail
sale of gasoline shall be plainly and conspicuously labeled with the brand name
or trade name of the gasoline, and if the product contains 1.0% or more of
ethanol or methanol, a label identifying the kind of alcohol and the percentage
of each shall be posted in letters not less than one inch in height.
B. Diesel fuel. Every dispensing device used in the retail
sale of diesel fuel shall be plainly and conspicuously labeled, in letters not
less than one inch in height, with the words "diesel fuel." The
device shall also be labeled with the brand name or trade name of the diesel
fuel. When the word "diesel" appears in letters at least one inch
high as part of the brand name or trade name on the dispenser, this labeling
shall be considered sufficient compliance with the requirements of this
provision.
C. Power fuels for nonhighway use. Every dispensing device
or container used in the retail sale of gasoline (as defined in § 59.1-149 of
the Code of Virginia) and intended for nonhighway use shall be plainly and
conspicuously labeled, in letters not less than one inch in height, "aviation
gasoline," "marine gasoline," "marine diesel fuel" or
another term approved by the commissioner which clearly identifies the product.
2VAC5-420-50. Registration of gasoline and diesel fuel. (Repealed.)
A. Before selling or offering for sale any gasoline or diesel
fuel in this Commonwealth, these products shall be registered with the Virginia
Department of Agriculture and Consumer Services. The following information
shall be included on forms provided by the commissioner:
1. The name and address of the registrant.
2. The brand name or trade name under which the gasoline or
diesel fuel will be offered for sale.
3. The octane number of each gasoline as determined by the
latest version of ASTM Research Method D2699 and ASTM Motor Method D2700, and
expressed as an average of the two methods (R+M)/2.
4. A statement that the gasoline or diesel fuel will comply
with the requirements of the Virginia Gasoline Law and this chapter.
5. The percentage and kinds of alcohol included in the
gasoline.
B. If any of the information required under subsection A of
this section ceases to be factual and no longer applicable to any product, the
registrant shall, prior to the sale or distribution of that product, file a new
registration which shall supersede all previous registrations.
2VAC5-420-60. Gasoline and diesel fuel condemned. (Repealed.)
When a sample of gasoline or diesel fuel has been drawn by an
inspector and found not to conform with the requirements of the Virginia
Gasoline Law and this chapter, a stop sale, use or removal order shall be
issued. The fill cap, pump, delivery line, or any other means of withdrawing
the contents of the affected container may be sealed by an inspector. The
contents shall not be removed except under the following conditions:
1. Age or staleness. The commissioner may grant permission
to the owner to blend aged or stale gasoline or diesel fuel with the fuel of
sufficient quality to bring it up to standard. If a second sampling shows that
the gasoline or diesel fuel meets the requirements, the commissioner shall
release it for sale in Virginia.
2. Adulteration. If the gasoline or diesel fuel does not
meet the requirements of the Virginia Gasoline Law and this chapter due to
adulteration by substituting other materials, including gasoline or diesel fuel
of a lower quality, the commissioner shall notify the registrant or his local
representative and request his cooperation in determining the source of the
adulteration. The said gasoline or diesel fuel may be released by the
commissioner to be returned to the manufacturer, producer, or refiner, or to be
disposed of in a manner approved by the commissioner. Prior to its release, the
commissioner shall be given an affidavit stating that the gasoline or diesel
fuel will not be distributed for sale, offered for sale or sold in Virginia for
use as a fuel in internal combustion engines, and also stating the disposition
of the gasoline or diesel fuel.
2VAC5-420-70. Publication of information filed in connection
with registration and results of tests of official samples. (Repealed.)
From time to time, the commissioner shall publish in a
bulletin of the Department of Agriculture and Consumer Services the names of
registrants, the brands, names or trade names of gasoline and diesel fuel
registered, the octane number as filed in connection with the registration of
gasoline, the results of tests of official samples found to be in violation,
and other data which may be useful to consumers of gasoline and diesel fuel.
2VAC5-420-80. Notation for documents incorporated by
reference. (Repealed.)
Test methods published by the ASTM and incorporated by
reference in this chapter are available from:
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DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-420) (Repealed.)
ASTM D975-08, Standard Specification for Diesel Fuel Oils,
ASTM International, West Conshohocken, PA (www.astm.org).
ASTM D2699-07a, Standard Test Method for Research Octane
Number of Spark-Ignition Engine Fuel, ASTM International, West Conshohocken, PA
(www.astm.org).
ASTM D2700-07b, Standard Test Method for Motor Octane
Number of Spark-Ignition Engine Fuel, ASTM International, West Conshohocken, PA
(www.astm.org).
ASTM D4806-07a, Standard Specification for Denatured Fuel
Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine
Fuel, ASTM International, West Conshohocken, PA (www.astm.org).
ASTM D4814-07b, Standard Specification for Automotive
Spark-Ignition Engine Fuel, ASTM International, West Conshohocken, PA
(www.astm.org).