N.Y. Comp. Codes R. & Regs. tit. 1 § 224.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 224.1 - Definitions

Each word used in this Part, as defined in title 16 of the Code of Federal Regulations part 306, shall have the meaning ascribed to it therein, except as otherwise set forth in this section.

(a)ASTM means the American Society for Testing and Materials standards, 2018 edition, published by such organization. A copy of ASTM is available at 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. Copies of all provisions of ASTM referred to in this Part are maintained in a file at the Department of Agriculture and Markets, Bureau of Weights and Measures, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany NY 12231, and are available for public inspection during regular business hours.

(b)Commissioner means the Commissioner of the New York State Department of Agriculture and Markets.

(c)Co-solvent means an alcohol with a higher molecular weight than methanol or other approved organic compound that is blended with methanol to prevent phase separation in gasoline.

(d)Denatured fuel ethanol means an ethanol blend component that has been rendered unfit for use as a beverage by the addition of denaturants, for use in gasoline-ethanol blends and ethanol flex fuel.

(e)Diesel motor fuel means any fuel sold in this State for use in compression ignition engines which is commercially known or offered for sale as diesel motor fuel, excluding diesel motor fuel specifically designated 4-D and not suitable for use in the operation of a motor vehicle engine.

(f)Kerosene means a refined oil used as a heating fuel, a lighting fuel, or as an additive to diesel motor fuel.

(g)Leaded gasoline means any gasoline which is produced with the use of a lead additive or which contains more than five one hundredths of a gram of lead per gallon, or which contains more than five one thousandths of a gram of phosphorus per gallon.

(h)Reseller means any person, firm, corporation, limited liability company, partnership, or unincorporated association who or that purchases gasoline identified by the corporate, trade or brand name of a refiner from such refiner or a distributor and resells or transfers it to retailers or wholesale purchaser-consumers displaying the refiner's brands, and whose assets or facilities are not substantially owned, leased or controlled by such refiner.

(i)Title 16 of the Code of Federal Regulations (16 CFR) means the edition thereof revised as of April 1, 2016 published by the U.S. Government Printing Office, Washington, D.C. A copy of 16 CFR is maintained in a file at the Department of Agriculture and Markets, Bureau of Weights and Measures, 10B Airline Drive, Albany NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany NY 12231, and is available for public inspection and copying during normal business hours.

(j)Title 40 of the Code of Federal Regulations (40 CFR) means the edition thereof revised as of July 1, 2018 published by the U.S. Government Printing Office, Washington, D.C. A copy of 40 CFR is maintained in a file at the Department of Agriculture and Markets, Bureau of Weights and Measures, 10B Airline Drive, Albany NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany NY 12231, and is available for public inspection and copying during normal business hours.

(k)Unleaded gasoline means any gasoline that is produced without the use of a lead additive or that contains not more than five one-hundredths of a gram of lead per gallon or not more than five one-thousandths of a gram of phosphorus per gallon.

(l)Wholesale purchaser-consumer means any organization that is an ultimate consumer of automotive fuel and which purchases or obtains automotive fuel from a supplier for use in motor vehicles and receives delivery of such automotive fuel into a storage tank of at least 550-gallon capacity under the substantial control of that wholesale purchaser-consumer.

(m)Gasoline-alcohol blend means a fuel consisting primarily of gasoline and a substantial amount (more than 1 percent by volume ethanol or butanol, or more than 0.3 percent by volume methanol) of one or more alcohols.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 224.1

Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019