Section 590.065 - Gasoline: Adoption by reference of standard specifications; limitations on vapor pressure; minimum temperatures for vapor lock; limitations on contents1. Except as otherwise provided in this section, the State Board of Agriculture hereby adopts by reference the most recent version of ASTM D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel," contained in the Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $82.2. The State Board of Agriculture hereby adopts by reference:(a) The provisions of 40 C.F.R. §§ 79.1 to 79.32, inclusive, 79.50 to 79.56, inclusive, 1090.1110, 1090.1405, 1090.1420 and 1090.1510, as they existed on September 8, 2021. A copy of the publications which contain the provisions adopted by reference in this paragraph are available for inspection at the offices of the State Department of Agriculture pursuant to NAC 590.045 and may be obtained free of charge on the Internet website https://ecfr.federalregister.gov.(b) The provisions of 40 C.F.R. § 80.27, as it existed on June 1, 2019. A copy of the publications which contain the provisions adopted by reference in this paragraph are available for inspection at the offices of the State Department of Agriculture pursuant to NAC 590.045 and may be obtained free of charge on the Internet website https://ecfr.federalregister.gov/on/2019-06-01/title-40.3. Notwithstanding the provisions of Table 4 ("Schedule of U.S. Seasonal and Geographical Volatility Classes") of ASTM D4814 that apply to this State, the schedule that is designated in Table 4 for the area of this State that lies north of the 38th degree of north latitude applies to the entire area of this State unless the United States Environmental Protection Agency requires a county to comply with a different requirement relating to vapor pressure.4. Except as otherwise provided in subsection 5, NAC 590.066 or pursuant to a waiver issued by the Administrator of the United States Environmental Protection Agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii), gasoline:(a) Sold between June 1 and September 15 of each calendar year containing: (1) Not less than 9 percent ethanol by volume and not more than 10 percent ethanol by volume must not exceed the limits for vapor pressure set forth in ASTM D4814 by more than 1 pound per square inch.(2) Less than 9 percent ethanol by volume must not exceed the limits specified in ASTM D4814.(b) Sold during any other period in a calendar year containing not more than 15 percent ethanol by volume must not exceed the limits specified in ASTM D4814 by more than 1 pound per square inch.5. Gasoline and any blend of gasoline and ethanol sold in Clark County between October 1 and the following March 31 must not exceed a vapor pressure of 13.5 pounds per square inch.6. A person shall not sell, offer for sale, supply or offer to supply in this State any gasoline intended for use in a vehicle which is primarily driven on a highway if the gasoline contains: (a) More than 0.05 gram of lead per gallon;(b) More than 0.005 gram of phosphorus per gallon; or(c) More than 95 parts per million of sulfur.7. Except as otherwise provided in subsection 8, more than 10 percent ethanol by volume.8. A person may sell, offer for sale, supply or offer to supply in this State any gasoline intended for use in a vehicle which is primarily driven on a highway which contains more than 10 percent but not more than 15 percent ethanol by volume if: (a) The gasoline, including, without limitation any additives, has been produced in compliance with 40 C.F.R. §§ 79.1 to 79.32, inclusive, and 79.50 to 79.56, inclusive;(b) The gasoline manufacturer, oxygenate blender or oxygenate producer that produces, introduces into commerce, sells or offers such gasoline for sale is in compliance with the E15 misfueling mitigation survey requirement set forth in 40 C.F.R. § 1090.1420;(c) The retailer or wholesale purchaser-consumer applied a label to the fuel dispenser in compliance with the requirements set forth in 40 C.F.R. § 1090.1510;(d) The underground storage tanks used to store the gasoline are in compliance with the requirements set forth in subsection 2 of NAC 459.993; and(e) The product transfer documents for the gasoline are in compliance with the requirements set forth in 40 C.F.R. § 1090.1110.9. Any other test method may be used if the State Sealer of Measurement Standards determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.10. The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.Nev. Admin. Code § 590.065
Added to NAC by Bd. of Agriculture, eff. 3-5-90; A by Dep't of Agriculture, 3-27-92; A by Bd. of Agriculture, 11-18-93; 11-2-94; 2-20-96; 10-22-97; R145-98, 12-14-98; R176-01, 5-31-2002; R002-04, 9-21-2004; R111-08, 1-28-2010; R032-10, 6-30-2010; R106-10, 2-20-2013; A by R094-15, eff. 4/4/2016; A by R080-20A, eff. 12/29/2020; A by R037-21A, eff. 9/8/2022; A by R038-21A, eff. 12/29/2022