KRS 363.904: Requirements for sale at retail facility of motor fuel in Kentucky --

Gasoline-oxygenate blend standards -- Labeling and testing of shipments of

motor fuels.

(1) No motor fuel shall be sold or offered for sale at a retail facility in Kentucky unless

it conforms to the following:

(a) The motor fuel shall be labeled and posted in accordance with applicable

federal and state laws; and

(b) The motor fuel shall conform to the latest ASTM International specifications

for that particular type, class, and grade of motor fuel, except when one (1) or

more of the following circumstances exists:

1. When a federal law or a federal administrative regulation imposes

requirements in conflict with the ASTM International standard, as

provided by KRS 363.902(3); or

2. When the Governor determines that circumstances present, or are likely

to present, a disruption in motor fuel supply, the Governor or the

Commissioner or the secretary of the Energy and Environment Cabinet,

as designated by the Governor, may issue a temporary waiver of ASTM

International specifications for motor fuel. The temporary waiver shall

be effective for a defined period of time and shall be the shortest

practicable time period necessary to permit the correction of the

disruption in motor fuel supplies.

(2) For gasoline -oxygenate blends containing between one percent (1%) and fifteen

percent (15%) by volume ethanol, the vapor pressure limit for each class shall be

increased by one (1) pound per square inch. Additionally, the department shall

adopt a minimum temperature for fifty percent (50%) distillation of gasoline -

oxygenate blends containing up to fifteen percent (15%) ethanol through the

promulgation of an administrative regulation in accordance with KRS Chapter 13A.

(3) The motor fuel compli ance with ASTM International shall be determined in

accordance with the test methods prescribed in the latest ASTM International

publications. When no such standard exists, the department shall designate a test or

specification based upon widely accepted scientific principles.

(4) All shipments of motor fuel shall state on either the product transfer documentation

or invoice the destination of the shipment and that the shipment meets the standards

and specifications required in the administrative regulation s promulgated pursuant

to this section. The division may obtain a sample of any shipment of motor fuel for

testing. Motor fuel blending components shall be exempt from this section until

they are offered for sale as motor fuel by a retail facility.