47-25-2002 - Part definitions. [Effective January 1, 2010.]
47-25-2002. Part definitions. [Effective January 1, 2010.]
As used in this part, unless the context otherwise requires:
(1) Biodiesel (biodiesel fuel blending stock) means a fuel comprised of mono-alkyl esters of long chain fatty acids meeting the requirements of ASTM D 6751;
(2) Blending Stock means any liquid compound used for blending with other liquid compounds, including catalytically reformed products and additives, to produce gasoline and gasoline-oxygenate blends that are consistent with the requirements of chapter 18, part 13 of this title. Blending stock includes such products as sub-octane gasoline, conventional blending stock for oxygenate blending (CBOB) and reformulated blending stock for oxygenate blending (RBOB);
(3) Ethanol, also known as denatured fuel ethanol, means nominally anhydrous ethyl alcohol meeting ASTM D 4806 standards. Ethanol is intended to be blended with gasoline for use as a fuel in a spark-ignition internal combustion engine. The denatured fuel ethanol is first made unfit for drinking by the addition of the alcohol and tobacco tax and trade bureau (TTB) approved substances before blending with gasoline;
(4) Permissive supplier means any person that is not subject to the general taxing jurisdiction of this state, but that:
(A) Is a position holder in a federal qualified terminal located outside this state;
(B) Is registered for transactions in taxable motor fuels under § 4101 of the Internal Revenue Code, codified in 26 U.S.C. § 4101, in the bulk transfer/terminal distribution system; and
(C) Acquires products in such out-of-state terminals from position holders in transactions that otherwise qualify as two-party exchanges;
(5) Person means a natural person, partnership, firm, association, corporation, limited liability company, court appointed representative, state, political subdivision or any other entity, group or syndicate;
(6) Position holder means the person that holds the inventory position in petroleum products in a terminal, as reflected in the records of the terminal operator. A person holds the inventory position in petroleum products when that person has a contract with the operator for the use of storage facilities and terminaling services for petroleum products at the terminal. Position holder includes a terminal operator that owns petroleum products in the terminal;
(7) Refiner means a person that owns, operates or otherwise controls a refinery within the United States;
(8) Refinery means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids or other hydrocarbons, and from which motor fuel may be removed by pipeline, by marine vessel or at a rack;
(9) Retail station means any service station, garage, truck stop or other outlet dispensing motor fuel from a container equipped with a computer-type pump that measures fuel passing through it;
(10) Retailer means a person that engages in the business of selling or distributing petroleum products to the end user within this state through a retail station;
(11) Supplier means a person that meets all the following conditions:
(A) Is subject to the general taxing jurisdiction of this state;
(B) Is registered under § 4101 of the Internal Revenue Code, codified in 26 U.S.C. § 4101, for transactions in taxable motor fuels in the bulk transfer/terminal system; and
(C) Is one of the following:
(i) The position holder in a terminal or refinery in this state, or is one that receives fuel from a position holder within a terminal or refinery in this state;
(ii) A person that imports taxable petroleum products into this state from a foreign country;
(iii) A person that acquires taxable petroleum products from a terminal or refinery outside this state for import into this state on such person's account; or
(iv) A person that is the receiving supplier on a two-party exchange;
(12) Terminal means a storage and distribution facility for taxable motor fuel, supplied by pipeline or marine vessel, that is registered as a qualified terminal by the internal revenue service;
(13) Two-party exchange means a transaction in which a petroleum product is transferred from one licensed supplier or licensed permissive supplier to another licensed supplier or licensed permissive supplier pursuant to an exchange agreement:
(A) Which transaction includes a transfer from the person that holds the inventory position for taxable motor fuel in the terminal as reflected on the records of the terminal operator; and
(B) The exchange transaction is completed prior to removal of the product from the terminal by the receiving exchange partner; and
(14) Wholesaler means an entity that acquires petroleum products from a supplier, importer or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, transport trucks or vessels, and subsequently resells to retailers, other wholesalers or to consumers from its own or its wholly owned affiliated retail locations.
[Acts 2009, ch. 523, § 1.]