59.1-156 - Rules and regulations. - Virginia Statutes

§ 59.1-156. Rules and regulations.

A. The Board of Agriculture and Consumer Services may make all necessaryrules and regulations for (i) the inspection and testing of motor fuel andlubricating oil; (ii) assuring that motor fuels dispensed in thisCommonwealth comply with any oxygenation requirement specified by the federalClean Air Act or any other federal environmental requirement pertaining tomotor fuels; and (iii) the enforcement of this chapter.

B. Oxygenated gasoline regulations pursuant to clause (ii) of subsection Amay be adopted, amended or repealed without observing the requirements of theAdministrative Process Act (§ 2.2-4000 et seq.) and shall, unless a latereffective date is specified in the regulation, amendment or repeal, takeeffect upon adoption by the Board of Agriculture and Consumer Services andfiling with the Registrar of Regulations.

C. No agency of the Commonwealth may enforce the provisions of "RegulationsGoverning the Oxygenation of Gasoline" (2 VAC 5-480-10 et seq.), or anysuccessor regulation, requiring the use or sale of oxygenated gasoline,unless, and only to the extent, the regulation is required by federal law orregulation. For purposes of this subsection "oxygenated gasoline" shallhave the same meaning as "Gasoline-Oxygenate Blend" as defined in Handbook130 published by the National Institute of Standards and Technology.

(Code 1950, § 59-48; 1968, c. 439; 1992, c. 885; 1996, cc. 638, 1012; 2009,c. 650.)