Amend NRS 590.020 to read:
NRS 590.020 Definitions.
otherwise requires:
As used in NRS 590.010 to 590.330, inclusive, unless the context
1. “Additives” means a substance to be added to a motor oil or lubricating oil to impart or
improve desirable properties or to suppress undesirable properties.
2. “Advertising medium” means any sign, printed or written matter, or device for oral or
visual communication.
3. “Alternative fuel” includes, without limitation, premium diesel fuel, B-5 diesel fuel, B10 diesel fuel, B-20 diesel fuel, B-100 diesel fuel, M-85, M-100, E-85, E-100, liquefied
petroleum gas, natural gas, reformulated gasoline, gasohol and oxygenated fuel.
4.
“Brand name” means a name or logo that is used to identify a business or company.
5.
“Grade” means:
(a) “Economy,” “regularRegular,” “midgrade,” “plus,” “blend”, “super,” “premium,”
“supreme,” or “high test” when describing a grade designation for gasoline in reference to
Antiknock Index. words of similar meaning when describing a grade designation for gasoline.
(b) It is prohibited to use specific terms to describe a grade of gasoline or gasolineoxygenate blend unless it meets the minimum antiknock index requirement shown in
Nevada Minimum Antiknock Index Requirements.
Nevada Minimum Antiknock Index Requirements
Term
Minimum Antiknock Index
Premium, Super, Supreme, High Test
91
Midgrade, Plus, Blend
89
Regular, Unleaded
87
Economy
85
(c) (b) “Diesel” or words of similar meaning, including, without limitation, any specific type
of diesel, when describing a grade designation for diesel motor fuel.
(d) (c) “M-85,” “M-100,” “E-85,” “E-100” or words of similar meaning when describing a
grade designation for alternative fuel.
(e) (d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural
gas” or words of similar meaning when describing pressurized gases.
6. “Motor vehicle fuel” means a petroleum product or alternative fuel used for internal
combustion engines in motor vehicles.
Assembly Committee: Ways and Means
Exhibit: E Page 1 of 3 Date: 05/14/2015
Submitted by: Benjamin Griffith
7. “Performance rating” means the system adopted by the American Petroleum Institute for
the classification of uses for which an oil is designed.
8. “Petroleum products” means gasoline, diesel fuel, burner fuel kerosene, lubricating oil,
motor oil or any product represented as motor oil or lubricating oil. The term does not include
liquefied petroleum gas, natural gas or motor oil additives.
9. “Recycled oil” means a petroleum product which is prepared from used motor oil or
used lubricating oil. The term includes rerefined oil.
10. “Rerefined oil” means used oil which is refined after its previous use to remove from
the oil any contaminants acquired during the previous use.
11. “Used oil” means any oil which has been refined from crude or synthetic oil and, as a
result of use, has become unsuitable for its original purpose because of a loss of its original
properties or the presence of impurities, but which may be suitable for another use or
economically recycled.
12. “Viscosity grade classification” means the measure of an oil’s resistance to flow at a
given temperature according to the grade classification system of the Society of Automotive
Engineers or other grade classification.
Rationale
We have received multiple complaints and inquiries from both consumers and competitors regarding
retail stations selling 85 octane gas as regular. I ascertain that this is a violation of NRS 590.050 (2):
“2. It is unlawful for any person, or any officer, agent or employee thereof, to make or cause to be
made, by means of any advertising medium whatever, any statement concerning the sale of motor
vehicle fuel or the performance characteristics thereof which is known to him or her to be untrue or
misleading, or which by the exercise of reasonable care and diligence should be known to him or her to
be untrue or misleading.”
It would also be a violation of NIST Handbook 130 section G Uniform Engine Fuels and Automotive
Lubricants Regulation. It should be noted, however, that Nevada has not currently adopted that section
of handbook 130.
This is a multifaceted issue and the bottom line is Nevada needs to expand its definition for “grade” of
gasoline as spelled out in NRS 590.020 (5).
Another facet of this problem concerns sale of 85 octane fuel outside of the northeastern portion of
Nevada. Nevada has adopted much of ASTM D4814 (“Standard Specification for
Automotive Spark-Ignition Engine Fuel”). Section X1.6 of ASTM D4814 addresses the higher elevation
geographic areas where use of gasoline with an antiknock index (AKI) of 85 is recommended. In Nevada
that is defined as east of longitude 117° and north of latitude 38°. Historically, we have allowed gasoline
E-2
with an AKI of 85 outside of this region. In recent years, there has been more 85 octane available and
this has highlighted the labeling and grade naming issues.
The Nevada Minimum Antiknock Index Requirements table above is a slight modification of the
Minimum Antiknock Index Requirements in NIST Handbook 130. The only change is NIST defines
“Economy” as 86 and Nevada will define it as 85. Additional “Regular Leaded” was omitted as it is not
sold in Nevada.
E-3