N.J. Admin. Code § 7:27-25.1

Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:27-25.1 - Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

"ASTM" means the American Society for Testing and Materials.

"Blender" means any person who carries out a blending process.

"Blending process" means the combination of physical and chemical operations in which components including, but not limited to, gasoline, gasoline blendstocks, and other chemical components are combined to create a finished gasoline or gasoline blendstock.

"Carbon monoxide (CO)" means a gas having a molecular composition of one carbon atom and one oxygen atom.

"Control area" means a geographic area within which gasoline to be used, sold, or dispensed as vehicular fuel in New Jersey is subject to the applicable standards set forth at N.J.A.C. 7:27-25.3 during the specified control period.

"Control period" means the applicable period each year during which gasoline within a control area is subject to the RVP standards set forth at N.J.A.C. 7:27-25.3.

"Crude oil" means a petroleum liquid removed from the earth and not previously used including, but not limited to, partially refined oil.

"Department" means the New Jersey Department of Environmental Protection.

"Distributor" means any person who transports or stores or causes the transportation or storage of gasoline at any point between any gasoline refinery or importer's facility and any retail outlet or wholesale purchaser-consumer's facility.

"EPA" means the United States Environmental Protection Agency.

"Facility" means the combination of all structures, buildings, equipment, storage tanks, source operations and other operations located on one or more contiguous or adjacent properties owned or operated by the same person.

"Gasoline" means any petroleum distillate or petroleum distillate/oxygenate blend having a Reid vapor pressure of four pounds per square inch (207 millimeters of mercury) absolute or greater, and commonly or commercially known or sold as gasoline.

"Importer" means a person who imports gasoline from a foreign country into the United States.

"Motor vehicle" means all vehicles propelled by an internal combustion engine, excepting motorized bicycles and such vehicles as run only upon rails or tracks.

"Nonconforming gasoline" means any gasoline with an RVP content that does not satisfy the standards set forth in N.J.A.C. 7:27-25.3 during the applicable control period.

"Person" means any individual or entity and includes, without limitation, corporations, companies, associations, societies, firms, partnerships and joint stock companies, as well as individuals, and shall also include all political subdivisions of the State or any agencies or instrumentalities thereof.

"Petroleum distillate" means any mixture of volatile organic compounds produced by a refining process including, but not limited to, naphthas, aviation gasoline, motor vehicle gasoline, kerosene, diesel oil, domestic fuel oil, and petroleum products.

"Product development" means investigations directed toward the establishment of methods of manufacture or of specific designs of salable substances, devices, or procedures, based on previously discovered facts, scientific principles or substances.

"Refiner" means any person who owns, leases, operates, controls, or supervises a refinery.

"Refinery" means a facility which carries out refining processes.

"Refining process" means the combination of physical and chemical operations including, but not limited to, distillation, cracking, and reformulation, performed on crude oil in order to produce petroleum products, including gasoline.

"Reid vapor pressure" (RVP) means the absolute vapor pressure of a petroleum product in pounds per square inch (or kilopascals) at 100 degrees Fahrenheit (37.8 degrees Celsius).

"Research" means investigation directed toward the discovery of facts, scientific principles, reactions, or substances.

"Retail outlet" means any establishment at which gasoline is provided, sold, or offered for sale directly for use in motor vehicles.

"Retailer" means any person who owns, leases, operates, controls, or supervises a retail outlet.

"RVP control area" means the entire geographic area within the State of New Jersey.

"RVP control period" means the period from May 1 through and including September 15 of each year during which the RVP standard set forth at N.J.A.C. 7:27-25.3 is applicable to gasoline to be used in New Jersey as vehicular fuel.

"Standard conditions" means 70 degrees Fahrenheit (21.1 degrees Celsius) and one atmosphere pressure (14.7 pounds per square inch absolute or 760.0 millimeters of mercury).

"State" means the State of New Jersey.

"Trial use" means use of a product in an experiment or series of experiments by the manufacturer or importer of that product.

"Vapor" means the gaseous form of substances which, under standard conditions, is in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.

"Vapor pressure" means the pressure of the vapor phase of a substance, or the sum of the partial pressures of the vapor phases of individual substances in a mixture of substances, when in equilibrium with the non-vapor phase of the substance or substances.

"Volatile organic compound" or "VOC" means a volatile organic compound as that term is defined by the EPA at 40 CFR 51.100(s), as supplemented or amended, which is incorporated by reference herein.

"Wholesale purchaser-consumer" means any person who is an ultimate consumer of gasoline, purchases or obtains gasoline from a supplier for use in motor vehicles, and receives delivery of the gasoline into a storage tank which has a maximum capacity of at least 550 gallons and is substantially under the control of that person.

N.J. Admin. Code § 7:27-25.1

Amended by R.1991 d.462, effective 9/3/1991 (operative November 2, 1991).
See: 23 N.J.R. 45(b), 23 N.J.R. 2656(a).
Changed heading; old title "Applicability." Added "as motor vehicle fuels,".
Amended by R.1991 d.462, effective 9/3/1991 (operative November 2, 1991).
See: 23 N.J.R. 45(b), 23 N.J.R. 2656(a).
Substantial revision of definitions; added definitions for "ASTM", "EPA", "Facility", "Nonconforming gasoline", "Product development", "Research", "Trial use", "Volatile organic substances".
Amended by R.1992 d.102, effective March 1992 (operative March 28, 1992).
See: 23 N.J.R. 1858(b), 24 N.J.R. 792(a).
Added definition for "volatile organic compound" and amended "petroleum distillate" table consistent with change from "substance" to "compound".
Recodified from N.J.A.C. 7:27-25.2 and amended by R.1992 d.382, effective 10/5/1992.
See: 24 N.J.R. 2386(a), 24 N.J.R. 3539(a).
Fifteen definitions added.
The former section N.J.A.C. 7:27-25.1, Scope, was repealed by this rulemaking. Prior rulemaking activities are as follows:
Amended by R.1991 d.462, effective 9/3/1991 (operative November 2, 1991).
See: 23 N.J.R. 45(b), 23 N.J.R. 2656(a).
Administrative correction to the definition of "southern oxygen program control area".
See: 24 N.J.R. 4524(b).
Amended by R.1994 d.313, effective 6/20/1994 (operative July 26, 1994).
See: 25 N.J.R. 3339(a), 26 N.J.R. 2600(a).
Amended by R.1994 d.483, effective 9/19/1994 (operative October 24, 1994).
See: 26 N.J.R. 1048(a), 26 N.J.R. 3835(a).
Emergency Amendment, R.1995 d.129, effective 2/8/1995 (to expire April 9, 1995).
See: 27 N.J.R. 787(a).
Administrative Correction.
See: 27 N.J.R. 1406(a).
Adopted Concurrent Proposal, R.1995 d.236, effective 4/7/1995 (operative June 5, 1995).
See: 27 N.J.R. 787(a), 27 N.J.R. 1479(a), 27 N.J.R. 1794(b).
Provisions of emergency amendment, R.1995 d.129, adopted without change.
Emergency Amendment, R.1995 d.562, effective 9/28/1995 (expires November 27, 1995).
See: 27 N.J.R. 4004(a).
Public Notice: Emergency amendment R.1995 d.562 terminated October 2, 1995 by order of the United States District Court, District of New Jersey.
See: 27 N.J.R. 4116(a).
Emergency Amendment R.1995 d.607, effective 10/27/1995 (expires December 26, 1995).
See: 27 N.J.R. 4731(a).
Adopted Concurrent Proposal, R.1996 d.49, effective 12/26/1995 (operative February 24, 1996).
See: 27 N.J.R. 4731(a), 28 N.J.R. 851(b).
Amended by R.1998 d.419, effective 8/17/1998 (operative September 9, 1999).
See: 29 N.J.R. 3222(a), 30 N.J.R. 3025(b), 31 N.J.R. 3087(b).
In "Control period", deleted a reference to oxygen content; deleted "Distribution capacity", "National ambient air quality standard" or "NAAQS", "Nitrogen dioxide (NO[2])", "Nitrogen oxide (NO)", "Oxides of nitrogen (NO[x])", "Oxygen content", "Oxygen program control area", "Oxygen program control period", "Oxygenate" and "Oxygenate blend"; and rewrote "Nonconforming gasoline".
Administrative change.
See: 31 N.J.R. 639(b).
Administrative correction.
See: 31 N.J.R. 1487(a).
Amended by R.2008 d.366, effective 12/1/2008 (operative December 29, 2008).
See: 39 N.J.R. 4492(a), 40 N.J.R. 6769(a).
Rewrote definition "Volatile organic compound".