73 Pa. Stat. § 1650.2

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 1650.2 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"American Society for Testing and Materials International" or "ASTM." A member-based international standards organization that develops and publishes voluntary consensus technical standards and test methods for a variety of materials and products, including automotive fuel and other petroleum products, or any successor organization.

"Annualized basis." The sum of three consecutive months of in-State production multiplied by four.

"Approved biodiesel blending method." A method whereby diesel fuel is blended with biodiesel under the following conditions:

(1) The method utilizes meters approved by the Department of Agriculture to individually measure the volume of each fuel.

(2) The method achieves and maintains a consistent blend throughout the entire volume being blended.

(3) The method achieves and maintains the blend percentage within a margin of ten percent of the total volume of biodiesel required to make the desired blending percentage.

(4) The blending occurs at a facility capable of maintaining the biodiesel at a minimum of ten degrees Fahrenheit above the cloud point of the biodiesel.

"ASTM specification." A standard quality specification developed and published by the American Society for Testing and Materials International.

"Biodiesel." A renewable, biodegradable, mono alkyl ester combustible liquid fuel that meets American Society for Testing and Materials Specification D-6751-02, or its successor standard, Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

"Biodiesel blend." A blend of diesel fuel and biodiesel in a percentage blend to be sold or offered for sale to u ltimate consumers in this Commonwealth for use in on-road compression ignition engines.

"Cellulosic ethanol." The term shall have the same meaning as cellulosic biofuel set forth in section 211(o)(1)(E) of the Clean Air Act (69 Stat. 322, 42 U.S.C. § 7545(o)(1)(E) ), as amended by section 201 of the Energy Independence and Security Act of 2007 (P.L. 110-140, Title II, Subtitle A, § 201, 121 Stat. 1519 (2007)).

"Consumer." A person who purchases fuel products for purposes other than resale.

"Department." The Department of Agriculture of the Commonwealth.

"Diesel fuel." Petroleum diesel fuel that complies with ASTM D975 or its successor standard.

"Nonpetroleum renewable resources." Vegetable oils, animal fats or animal wastes.

"Person." A natural person, corporation, partnership, limited liability company, business trust, association, estate or foundation.

"Renewable diesel." A nonester diesel fuel or fuel blending component derived from nonpetroleum renewable resources that meets all of the following criteria:

(1) Is used to replace or reduce the quantity of fossil fuels present in fuels sold to the consumer.

(2) Is registered under 40 CFR Pt. 79 (relating to registration of fuels and fuel additives) for motor vehicle fuels or fuel additives.

(3) Meets an established American Society for Testing and Materials Specification, such as D975 for diesel fuels or D396 for fuel oils.

(4) Is compatible for use in engines and equipment designed to run on conventional petroleum diesel fuels.

(5) Is derived from renewable content at the percentages required by this act.

"Retailer." A person that sells, offers for sale or otherwise transfers title to fuel products, including diesel fuel, biodiesel and biodiesel blend, to a consumer.

73 P.S. § 1650.2

Amended by P.L. 921 2012 No. 96, § 1, eff. 8/4/2012.

2008, July 10, P.L. 1009, No. 78, § 2, effective in 90 days [Oct. 8, 2008].