Haw. Code R. § 15-35-2

Current through November, 2024
Section 15-35-2 - Definitions

As used in this chapter, unless a different meaning clearly appears in the context:

"Certified" means signed by an authorized company representative and declared to be complete, true, and accurate.

"CIF Honolulu terminal" denotes the quoted sales price of motor fuel, which includes the cost, insurance, excise tax, and freight charges to any terminal in Honolulu, Hawaii.

"Comparable grade" means the grade, based on octane rating, of the finished (blended) fuel. "Regular" refers to gasoline having an octane rating greater than or equal to 85 and less than 88. "Midgrade" refers to gasoline having an octane rating greater than or equal to 88 and less than or equal to 90. "Premium" refers to gasoline having an octane rating greater than 90.

"Competitively priced" means fuel-grade ethanol CIF Honolulu terminal for which the wholesale price, minus the value of all applicable federal, state, and county tax credits and exemptions, is not more than the average posted wholesale rack price of unleaded gasoline of comparable grade, as published by the U.S. Department of Energy, Energy Information Administration in Petroleum Marketing Monthly, Table 31 and available on the Energy Information Administration website, or as otherwise published or posted, as prescribed by the petroleum commissioner.

"Denatured fuel ethanol" means fuel-grade ethanol which meets specification ASTM D 4806, "Standard Specification for Denatured Fuel Ethanol for Blending with Gasoline for Use as Automotive Spark Ignition Engine Fuel" published by the American Society for Testing and Materials.

"Distributor" means and includes:

(1) Every person who refines, manufactures, produces, or compounds spark ignition engine fuel in the State, and sells it at wholesale or to retail dealers;

(2) Every person who imports or causes to be imported into the State or exports or causes to be exported from the State, any spark ignition engine fuel;

(3) Every person who acquires spark ignition engine fuel through exchanges with another distributor; and

(4) Every person who acquires spark ignition engine fuel from a licensed distributor as a wholesaler thereof.

"Gasoline" includes conventional, oxygenated, and reformulated gasolines.

"Person" means any person, firm, association, organization, partnership, business trust, limited liability corporation, corporation, or company. "Person" also includes any city, county, public district or agency, the State or any department or agency thereof, and the United States to the extent authorized by federal law.

"Petroleum commissioner" or "commissioner" is as defined in § 486J-1, Hawaii Revised Statutes.

"Retail dealer" means and includes a person who purchases liquid fuel from a licensed distributor, and sells the liquid fuel at retail. Only sales of gasoline for consumption or used by the purchaser, and not for resale, are sales at retail.

"Ten per cent ethanol by volume" means a blend of gasoline and ethanol which has an ethanol content, exclusive of denaturants and permitted contaminants, that is not less than 9.2 per cent by volume and not more than 10.0 per cent by volume of the blend as determined by an appropriate United States Environmental Protection Agency or American Society of Testing Materials standard method of analysis of alcohol content in motor fuels.

Haw. Code R. § 15-35-2

[Eff. OCT 02 2004] (Auth: HRS §§ 486J-1 and 486J-10) (Imp: HRS §§ 486J-1 and 486J-10)