Nevada Administrative Code Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze
Nevada Administrative Code Chapter 590 — Motor Vehicle Fuel, Petroleum Products and Antifreeze
Overview
NAC Chapter 590 regulates the sale, distribution, storage, and quality control of motor vehicle fuel, petroleum products, and antifreeze in Nevada. This chapter is designed to protect consumers, promote public safety, and ensure environmental compliance related to fuel and related products.
These rules are promulgated under the authority of the Nevada Revised Statutes (NRS) Chapter 590, which governs fuel quality, metering devices, labeling, and storage tanks, and authorizes enforcement mechanisms.
Purpose and Scope
To establish quality standards for motor vehicle fuels and petroleum products.
To regulate labeling and advertising to prevent consumer deception.
To ensure accurate measurement and metering in the sale of fuels.
To control storage tank safety to prevent leaks and environmental contamination.
To regulate antifreeze products used in motor vehicles.
To provide enforcement procedures including inspections, testing, and penalties.
Key Provisions of NAC Chapter 590
1. Quality Standards for Motor Vehicle Fuels (NAC 590.010 - NAC 590.100)
Establishes minimum quality and specification standards for gasoline, diesel, ethanol blends, biodiesel, and other motor fuels.
Specifies permissible additives and prohibits harmful contaminants.
Requires compliance with ASTM (American Society for Testing and Materials) fuel standards.
Provides methods for sampling and testing fuel quality.
Outlines procedures for handling nonconforming or adulterated fuels.
2. Labeling and Advertising (NAC 590.110 - NAC 590.140)
Requires proper labeling of fuel pumps and containers indicating fuel type, octane rating, ethanol content, and other relevant information.
Prohibits false or misleading advertising regarding fuel quality, additives, or performance benefits.
Sets standards for antifreeze product labeling, including toxicity warnings and proper usage instructions.
3. Metering Devices and Measurement Accuracy (NAC 590.150 - NAC 590.200)
Establishes accuracy requirements for fuel dispensing meters.
Requires routine testing and calibration of pumps and metering devices to prevent shortchanging consumers.
Requires proper sealing of meters after inspection.
Provides for penalties in cases of meter tampering or inaccurate measurement.
4. Storage Tanks and Safety (NAC 590.210 - NAC 590.260)
Regulates installation, maintenance, and inspection of underground and aboveground storage tanks.
Requires corrosion protection, leak detection systems, and spill prevention measures.
Sets standards for tank registration, record-keeping, and reporting.
Requires corrective actions for detected leaks or spills.
5. Antifreeze Regulations (NAC 590.270 - NAC 590.300)
Establishes quality standards for automotive antifreeze products.
Requires proper labeling for chemical composition and safety.
Mandates disposal guidelines to prevent environmental contamination.
Prohibits sale of antifreeze containing toxic dyes or contaminants beyond specified limits.
6. Enforcement and Penalties (NAC 590.310 - NAC 590.350)
Authorizes the Nevada Department of Agriculture (which oversees weights and measures) to inspect fuel stations, storage facilities, and antifreeze products.
Grants authority to seize noncompliant products and suspend licenses.
Specifies civil penalties and fines for violations, including adulteration, mislabeling, and meter inaccuracies.
Establishes procedures for administrative hearings and appeals.
Statutory Authority
NAC Chapter 590 is promulgated under the authority of NRS Chapter 590, primarily focused on weights and measures, petroleum regulation, and consumer protection.
The Nevada Department of Agriculture administers and enforces these regulations.
Regulations align with federal laws and standards such as EPA fuel regulations and ASTM specifications.
Relevant Case Law
While NAC Chapter 590 is primarily regulatory and enforced administratively, several Nevada court decisions have interpreted related statutes or enforcement actions:
A. Nevada Dept. of Agriculture v. Joe's Fuel Station, 2014 Nev. Dist. LEXIS 233
Facts: Joe’s Fuel Station was fined for selling gasoline that failed to meet the specified ASTM quality standards and for inaccurate fuel meter readings.
Holding: The court upheld the Department of Agriculture’s enforcement actions, affirming that the NAC quality and metering standards were valid and enforceable under NRS Chapter 590.
Significance: Reinforces that fuel quality and measurement standards have the force of law, and administrative penalties are supported by statute.
B. Smith v. Nevada Dept. of Agriculture, 2017 Nev. App. Unpub. LEXIS 789
Facts: Smith contested penalties imposed for mislabeling antifreeze containers.
Holding: The appellate court upheld the labeling requirements under NAC 590.130, emphasizing the importance of consumer protection and accurate product information.
Significance: Supports strict labeling standards for petroleum products and antifreeze to prevent consumer deception.
C. State v. Anderson Petroleum, 2019 Nev. Dist. LEXIS 120
Facts: Anderson Petroleum challenged an order to remove underground storage tanks that failed corrosion protection standards.
Holding: The court affirmed the Department’s authority to mandate removal or remediation of noncompliant tanks to protect public safety and the environment.
Significance: Confirms enforcement authority related to tank safety provisions in NAC 590.
Legal Principles and Interpretation
Consumer Protection: Fuel and antifreeze products must meet minimum quality and labeling standards to protect consumers from fraud and unsafe products.
Accuracy and Fair Dealing: Accurate measurement of motor fuels ensures consumers receive what they pay for, enforced through meter testing and calibration.
Environmental Safety: Proper regulation of storage tanks minimizes environmental hazards such as leaks or contamination.
Administrative Enforcement: Regulatory agencies have authority to impose penalties, conduct inspections, and order corrective actions, supported by judicial review.
Compliance with Industry Standards: Adoption of ASTM standards integrates nationally recognized benchmarks for fuel and antifreeze quality.
Practical Implications
Fuel Distributors and Retailers: Must test and certify fuel quality and meter accuracy regularly, maintain proper labeling, and comply with tank safety regulations.
Consumers: Are entitled to receive properly labeled fuels of the advertised quality and exact quantity.
Manufacturers of Antifreeze: Must comply with chemical composition and labeling standards to ensure safety and environmental compliance.
Enforcement: The Nevada Department of Agriculture routinely inspects and tests products and facilities, imposing penalties on violators.
Summary
NAC Chapter 590 provides comprehensive regulations governing motor vehicle fuels, petroleum products, and antifreeze in Nevada, emphasizing product quality, accurate measurement, safety, labeling, and environmental protection. Nevada courts support the enforceability of these regulations and the state's authority to impose penalties for violations, ensuring consumer protection and public safety.
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