23490410, 5J-21.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23490410

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Chapter:

MOTOR FUEL SPECIFICATIONS AND STANDARDS

Overview

RULE:

5J-21.001	Standards
5J-21.002	Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels
5J-21.003	Registration and Identification
5J-21.004	Motor Fuel Price Posting
5J-21.005	Inaccurate Measuring Devices
5J-21.006	Inspection Identification Stickers
5J-21.007	Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements, and Other Related Requirements
5J-21.008	Guidelines for Imposing Administrative Penalties

PURPOSE:

The changes proposed herein update adopted versions of ASTM International Designations and correct outdated rule references; adjust allowances for MTBE and sulfur; harmonize the levels of allowed methanol and butanol with EPA levels and update petroleum labeling requirements. Additionally, the changes remove unnecessary form references, clarify the minimum size for prices posted on roadside signs, clarify requirements for registered meter mechanics and service agencies, amend the allowable level of water in petroleum storage tanks and remove duplicative requirements, update penalties, harmonize violations with other department rules, update, modernize and clarify language throughout the rule chapter.

SUMMARY:

The proposed amendments update adopted versions of ASTM International Designations and outdated references to Rule Chapters 5F-2 and 5F-10 with correct references to 5J-22.001 and 5J-22.002, F.A.C.; adjust standards and labeling requirements for diesel and alternative fuels, modify allowable levels of methanol, butanol and MTBE in gasoline and gasoline blends and harmonize the allowable level of water in petroleum storage tanks with the NCWM nationally adopted standard.  Eliminate unnecessary form numbers, clarify the minimum size for prices posted on roadside signs, clarify reporting and sealing iron requirements for registered meter mechanics and service agencies, add Tier I and Tier II language to the minor and major violation designations to harmonize with other bureau programs and rules, update, modernize, clarify and remove unnecessary and duplicative language and requirements throughout the rule chapter.

RULEMAKING AUTHORITY:

525.14, 526.09, 526.141(5)(b), 531.40, 531.41(3), 531.42, 570.07(23) FS.

LAW:

525.01, 525.07, 525.09, 525.035, 525.037, 525.14, 525.16, 526.01, 526.141(5)(b), 531.40, 531.42, 531.44, 570.971(4) FS.

PRINT PUBLISH DATE:

8/3/2020 Vol. 46/150

COMMENTS:

From 8/3/2020 To 8/24/2020 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-03830 National Institute of Standards and Technology (NIST) Handbook 44 (2014 Edition), Sections 1.10, 3.33 and 3.37
Ref-03831 National Institute of Standards and Technology (NIST) Handbook 130 (2014 Edition), Introduction and Section 2.27
Ref-04787 40 CFR Parts 80.570 - 80.574 (7-1-13 Edition)
Ref-04790 FDACS-03320, Application for Registration of Service Agencies, Rev. 12/12
Ref-04791 FDACS-03556, Application for Registration - Authorized Meter Mechanic, Rev. 12/12
Ref-04792 FDACS-03539, Out of Service, Rev. 08/12

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