§ 23-23.7-3. Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) The term “ASTM” or “International” means American Society for Testing and Materials International.
(2) “Biodiesel blend (BXX)” means a blend of biodiesel fuel with fuel oil in which the “BXX” represents the volume percentage of biodiesel fuel in the blend as provided in the following designations:
(i) “B5” represents a biodiesel blend in which the volume of biodiesel fuel in the blend is between four and one-half percent (4.5%) to five and one-half percent (5.5%);
(ii) “B10” represents a biodiesel blend in which the volume of biodiesel fuel in the blend is between nine and one-half percent (9.5%) to ten and one-half percent (10.5%).
(iii) “B20” represents a biodiesel blend in which the volume of biodiesel fuel in the blend is between nineteen and one-half percent (19.5%) to twenty and one-half percent (20.5%).
(iv) “B50” represents a biodiesel blend in which the volume of biodiesel fuel in the blend is forty-nine and one-half percent (49.5%) to fifty and one-half percent (50.5%).
(3) “Biodiesel fuel” means a fuel, designated B100, that meets the requirements of ASTM D6751, or the most recent specification and that meets the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under section 211 of the Clean Air Act, 42 U.S.C. § 7545, and the requirements of ASTM International—ASTM D6751.
(4) “Biodiesel heating fuel” means a heating fuel comprised of biodiesel and/or renewable hydrocarbon diesel that is blended with heating oil that meets the requirements of ASTM D396, or the most recent specification, or a fuel comprised of renewable hydrocarbon diesel with petroleum heating oil that meets the specification of ASTM D975, or other specifications as determined by the director.
(5) “Biomass” or “Renewable biomass” means a material, including: crops and crop residues, trees and tree residues, organic portions of municipal solid waste, organic portions of construction and demolition debris, grease trap waste, and algae, that can be used for fuel but does not have a petroleum or other fossil fuel base.
(6) “Blender” or “distributor” means the person who holds the inventory position in the heating oil, as reflected on the records of the terminal operator. A person holds the inventory position in heating oil when the person has a contractual agreement with the terminal operator for the use of storage facilities and terminaling services at a terminal with respect to the heating oil. The term also includes a terminal operator that owns heating oil in its terminal.
(7) “Director” means the director of the department of environmental management.
(8) “Eligible feedstock” means: soybean oil; canola oil; oil from annual cover crops; algal oil; biogenic waste oils, fats, and greases; camelina sativa oil; distillers corn oil; distillers sorghum oil; and commingled distillers corn and sorghum oil, provided that the commissioner may, by rules and regulations, modify the definition of feedstock based on EPA’s potential future modifications of Table 1 of 40 C.F.R § 80.142611, and which has generated a RIN in compliance with the federal RFS program.
(9) “Heating oil” means petroleum oil refined for the purpose of use as fuel for combustion in a space and/or water heating system that meets the requirements of ASTM D396, or the most recent specification.
(10) “Renewable hydrocarbon diesel” means a fuel derived from an eligible feedstock that meets the requirements of ASTM D975, or the most recent specification. Renewable hydrocarbon diesel shall not include any fuel from co-processed biomass with a feedstock that is not a biomass.
History of Section.
P.L. 2013, ch. 150, § 1; P.L. 2013, ch. 221, § 1; P.L. 2021, ch. 347, § 2, effective
January 1, 2022; P.L. 2021, ch. 348, § 2, effective January 1, 2022.