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
Universal Citation: 302 KY Admin Regs Service 79:012
Current through Register Vol. 50, No. 9, March 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.
Section 2. Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"ASTM Standard D910-20a, (ASTM D910), Standard Specification for Leaded
Aviation Gasolines", (2020);
(b)
"ASTM Standard D975-20c, (ASTM D975), Standard Specification for Diesel Fuel",
(2020);
(c) "ASTM Standard
D1655-20d, (ASTM D1655), Standard Specification for Aviation Turbine Fuels",
(2020);
(d) "ASTM Standard
D1835-20, (ASTM D1835), Standard Specification for Liquefied Petroleum (LP)
Gases", (2020);
(e) "ASTM Standard
D4806-20, (ASTM D4806), Standard Specification for Denatured Fuel Ethanol for
Blending with Gasolines for Use as Automotive Spark Ignition Engine Fuel",
(2020);
(f) "ASTM Standard D4814-21
(ASTM D4814), Standard Specification for Automotive Spark Ignition Engine
Fuel", (2021);
(g) "ASTM Standard
D5797-18, (ASTM D5797), Standard Specification for Methanol Fuel Blends
(M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines",
(2018);
(h) "ASTM Standard
D5798-20, (ASTM D5798), Standard Specification for Ethanol Fuel Blends for
Flexible-Fuel Automotive Spark-Ignition Engines", (2020);
(i) "ASTM Standard D6227-18, (ASTM D6227),
Standard Specification for Unleaded Aviation Gasoline Containing a
Non-hydrocarbon Component", (2018);
(j) "ASTM Standard D6615-15a, (ASTM D6615),
Standard Specification for Jet B Wide-Cut Aviation Turbine Fuel",
(2019);
(k) "ASTM Standard
D6751-20a, (ASTM D6751), Standard Specification for Biodiesel Fuel Blend Stock
(B100) for Middle Distillate Fuels", (2020);
(l) "ASTM Standard D7223-17, (ASTM D7223),
Standard Specification for Aviation Certification Turbine Fuel",
(2017);
(m) "ASTM Standard
D7467-20a, (ASTM D7467), Standard Specification for Diesel Fuel Oil, Biodiesel
Blend (B6 to B20)", (2020);
(n)
"ASTM Standard D7547-18a, (ASTM D7547), Standard Specification for Hydrocarbon
Unleaded Aviation Gasoline", (2018);
(o) "ASTM Standard D7566-20c, (ASTM D7566),
Standard Specification for Aviation Turbine Fuel Containing Synthesized
Hydrocarbons", (2020);
(p) "ASTM
Standard D7794-20, (ASTM D7794), Standard Practice for Blending Mid-Level
Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition
Engines", (2020);
(q) "ASTM
Standard D7901-20, (ASTM D7901), Standard Specification for Dimethyl Ether for
Fuel Purposes", (2020);
(r)
"National Institute of Standards and Technology Handbook 130, 2020 Edition
Natl. Inst. Stand. Technol. Handb. 130, 2020 Ed., Uniform Fuels and Automotive
Lubricants Regulation, IV, G, §2; (Nov. 2019)"
(s) "SAE J1616-201703, Standard for
Compressed Natural Gas Vehicle Fuel, Society of Automotive Engineers
International", (2017);
(t) "SAE
J2699-201802, Liquefied Natural Gas (LNG) Vehicle Fuel, Society of Automotive
Engineers International", (2018); and
(u) "SAE J2719-202003, Hydrogen Fuel Quality
for Fuel Cell Vehicles, Society of Automotive Engineers International,"
(2020).
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the office of the Department of Agriculture, Division of Regulation and
Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through
Friday, 8:00 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 363.902, 16 C.F.R. 306, 16 C.F.R. 309, 40 C.F.R. 80.27
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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