TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Fast-Track Regulation

Title of Regulation: 2VAC5-425. Vapor Pressure Requirements for Gasoline Ethanol Blends (amending 2VAC5-425-10, 2VAC5-425-20).

Statutory Authority: §§ 59.1-153 and 59.1-156 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: February 11, 2026.

Effective Date: February 26, 2026.

Agency Contact: Anthony Ramsey, Program Manager, Office of Weights and Measures, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274, fax (804) 786-1571, or email anthony.ramsey@vdacs.virginia.gov.

Basis: Section 3.2-109 of the Code of Virginia establishes the Board of Agriculture and Consumer Services as a policy board. Section 59.1-153 of the Code of Virginia provides that the Commissioner of Agriculture and Consumer Services shall follow the specifications for the inspection and testing of motor fuel or lubricating oil established by ASTM International and incorporated into the ASTM specifications for motor fuels. Section 59.1-156 of the Code of Virginia further provides that the board may make all necessary rules and regulations for the inspection and testing of motor fuel and lubricating oil.

Purpose: Virginia utilizes the Colonial gasoline pipeline, which originates in Texas and ends in New Jersey. This regulatory action proposes to update the regulation to reference current ASTM standards, which are used by refineries. This regulation will protect the welfare of Virginia's citizens and businesses by ensuring that the gasoline in the Colonial pipeline can continue to flow into and through Virginia.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the amendments update the documents incorporated by reference to the most recent version of these documents, thereby incorporating changes developed and adopted by ASTM International through a national voluntary consensus process, in which industry participated.

Substance: The amendments update the documents incorporated by reference to the current versions of ASTM 4806 and ASTM 4814 and all references to those documents throughout the regulation.

Issues: This action is advantageous to the public, the regulated industry, and the Commonwealth because the changes will align the regulatory requirements with national standards, ensuring uniformity for industry and preventing the need to create a boutique fuel for distribution in Virginia, which would likely increase gasoline prices for the public. There are no disadvantages to the public, the regulated industry, or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Agriculture and Consumer Services (board) proposes to update the regulation to refer to newer versions of national testing and vapor pressure standards for gasoline ethanol blends.

Background. This regulation establishes testing and vapor pressure requirements for refineries transporting motor fuel through the Colonial gasoline pipeline, which originates in Texas and ends in New Jersey. The standards for gasoline ethanol blends are established by adopting the standards developed by the National Conference on Weights and Measures (NCWM). More specifically, the current regulation includes two documents incorporated by reference (DIBR), which were published in 2016: (i) ASTM D4806-16a titled Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel and (ii) ASTM D4814-16a titled Standard Specification for Automotive Spark-Ignition Engine Fuel. Per the regulations of the Virginia Code Commission, the material in a DIBR "becomes the text of the regulation and an enforceable part of the regulation" (1VAC7-10-140). According to the Virginia Department of Agriculture and Consumer Services (VDACS), NCWM has updated the standards in the DIBRs, which are reflected in newer versions of each DIBR: ASTM D4806-16a was updated with standards found in ASTM D4806-21a in 2021; and ASTM D4814-16a was updated with standards found in ASTM D4814-24a in 2024. The updated specifications have three main differences: they provide an additional test method for the detection of water in denatured fuel ethanol; remove an acidity test found to be flawed; and utilize more recent data to establish volatility classifications of gasoline for each state and month. Following the publication of the new standards, a stakeholder involved in development of new standards contacted VDACS to encourage Virginia to adopt these latest versions. In response to this outreach, the Commissioner of VDACS issued a letter in 2024 informing the regulated community that Virginia would no longer enforce the standards found in the old versions of each DIBR (ASTM D4814-16a and ASTM D4806-16a) and would instead follow the latest specifications in order to prevent the need for refineries to re-adjust the composition of gasoline released. In this regulatory action, the board proposes to update the regulation with the newer standards by revising the version of each DIBR.

Estimated Benefits and Costs. It appears that the commissioner used enforcement discretion to allow compliance with a new test methodology for detection of water, and to no longer require compliance with an outdated test for acidity in gasoline ethanol blends. Furthermore, the commissioner's discretion to allow compliance with newer volatility classifications for each month appears to have avoided the need for refineries to create a boutique fuel for distribution in Virginia, which would have likely increased gasoline prices for Virginia consumers. Because the changes in standards have been allowed in practice to be consistent with national standards since 2024 under the commissioner's enforcement discretion, no significant economic impact is expected upon promulgation of the proposed amendments to this regulation.

Businesses and Other Entities Affected. The proposed standards apply to refineries using the Colonial pipeline. According to VDACS, no Virginia refinery uses this pipeline. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal would update the regulation to incorporate standards already allowed in practice. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not appear to adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments do not introduce costs for localities, nor do they disproportionally affect any locality more than others.

Projected Impact on Employment. The proposed amendments do not appear to affect total employment.

Effects on the Use and Value of Private Property. No impact on the use and value of private property or on real estate development costs is expected when the proposed amendments are promulgated.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of Agriculture and Consumer Services (VDACS) concurs with the economic impact analysis prepared by the Department of Planning and Budget (DPB). DPB's analysis includes the following statement: "According to VDACS, no Virginia refinery uses the Colonial Pipeline." To clarify, no refineries operate in Virginia.

Summary:

The amendments update (i) documents incorporated by reference with current versions of ASTM 4806 and ASTM 4814, which establish specific requirements related to fuel vapor pressure for ethanol blended gasoline, and (ii) all references to those documents throughout the regulation.

2VAC5-425-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"ASTM D4806-16a D4806-21a" means the Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel published by ASTM International in February 2016 October 2021.

"ASTM D4814-16a D4814-24a" means the Standard Specification for Automotive Spark-Ignition Engine Fuel published by ASTM International in February 2016 July 2024.

"psi" means pounds per square inch.

"Volatility class A" means fuel with a vapor pressure and distillation designation of "A" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a D4814-24a.

"Volatility class B" means fuel with a vapor pressure and distillation designation of "B" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a D4814-24a.

"Volatility class C" means fuel with a vapor pressure and distillation designation of "C" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a D4814-24a.

"Volatility class D" means fuel with a vapor pressure and distillation designation of "D" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a D4814-24a.

"Volatility class E" means fuel with a vapor pressure and distillation designation of "E" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a D4814-24a.

2VAC5-425-20. Vapor pressure requirements; exceptions.

When gasoline is blended with ethanol, the ethanol shall meet the requirements of ASTM D4806-16a D4806-21a and the blend shall meet the requirements of ASTM D4814-16a D4814-24a, with following permissible exceptions:

1. For blends containing nine to 10 volume percent ethanol, the maximum vapor pressure shall not exceed the ASTM D4814-16a D4814-24a limits by more than 1.0 psi during the period of June 1 through September 15.

2. For blends containing one or more volume percent ethanol for volatility class A, B, C, or D, the maximum vapor pressure shall not exceed ASTM D4814-16a D4814-24a limits by more than 1.0 psi during the period of September 16 through May 31.

3. For blends containing one or more volume percent ethanol for volatility class E, the maximum vapor pressure shall not exceed ASTM D4814-16a D4814-24a limits by more than 0.5 psi during the period of September 16 through May 31.

DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-425)

Standard Specification for Automotive Spark-Ignition Engine Fuel, ASTM D4814-16a, February 2016 ASTM D4814-24a, July 2024, ASTM International, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org

Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel, ASTM D4806-16a, February 2016 D4806-21a, October 2021, ASTM International, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org