Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Standards
RULE NO: RULE TITLE
5F-2.001: Standards
5F-2.002: Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels.
5F-2.003: Registration and Identification
5F-2.005: Inaccurate Measuring Devices
5F-2.006: Inspection Identification Stickers
5F-2.014: 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, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 and Meter Sealing Requirements.
5F-2.016: Guidelines for Imposing Administrative Penalties
PURPOSE AND EFFECT: 1. Establish a minimum octane rating requirement of 87 for gasoline, which includes gasoline blends, sold, distributed, offered for sale or offered for distribution at retail gas stations.
2. Establish a minimum motor octane number requirement of 82 for gasoline with an octane rating of 87 or higher.
3. Establish a temporary lower minimum vapor pressure requirement for E85 Fuel Ethanol classes permitted for sale in Florida to reflect an anticipated lowering of this requirement by ASTM International.
4. Amend language to reduce the maximum amount of water permissible in storage tanks containing ethanol and biodiesel fuels and their respective blended products from two inches to one quarter inch.
5. Clarify the disposition of gasoline, kerosene, diesel fuel, fuel oils and alternative fuels.
6. Remove the prohibition for penalty from the discovery of water and/or suspended matter in referenced motor fuels and to transfer references for penalty prohibitions for specified violations to the penalty matrix section.
7. Amend penalties for vapor pressure violations over 11.0 psi, from June 1 through September 15 of each calendar year. Violations above the applicable standard, but less than and including 11.0 psi will still be subject to Stop Sale Order, but without penalty.
8. Reference and list all forms used in the stopping of sale of substandard fuel; disposition of all listed fuel types; the removal of improperly labeled devices from service; the removal of inaccurate measuring devices from service; the removal from service of devices without inspection stickers; the removal from service of devices not maintained properly (in violation of NIST Handbook 44); and the removal of improperly functioning measuring devices from service.
9. Provide instructions to terminal suppliers, wholesalers, and importers filling out the required DACS Form #03202 titled “Gasoline and Oil Inspection Affidavit and Inspection Fee Report.”
10. Further clarify ethanol dispenser labeling requirements.
11. Amend language to add labeling language for M85 Fuel Methanol products to more clearly and conspicuously notify consumers that methanol blended products are not necessarily compatible with all flex fuel vehicles.
12. Provide instructions to persons and service agencies wishing to register with the Department as an authorized meter mechanic able to repair and/or adjust the accuracy of petroleum fuel measuring devices.
13. Adopt the current version of the National Institute of Standards and Technology (NIST) Handbook 44.
14. Specify the time period in which the Department must be notified after the installation of a petroleum fuel measuring device.
15. Amend language to specify the Department may also suspend or revoke any registration issued under Chapter 525, F.S., in lieu of or in addition to issuing a penalty as prescribed by this section.
16. Reconstruct the penalty matrix.
17. Update ASTM International standards for gas, diesel fuels, fuel oils and biodiesel. Also, incorporate new ASTM International standards for biodiesel blends (with diesel fuel) for concentrations from 6% to 20%.
SUBJECT AREA TO BE ADDRESSED: The proposed Chapter 5F-2, F.A.C., establishes minimum octane rating requirements for gasoline sold, distributed, offered for sale or offered for distribution at retail gas stations; establishes a minimum motor octane number for gasoline with an octane rating of 87 or higher; is amended to reflect an anticipated lowering by ASTM International of the minimum vapor pressure requirement for all classes of E85 fuel ethanol permissible for sale in Florida; is amended to reduce the maximum amount of water permissible in storage tanks containing ethanol and biodiesel fuels and their respective blended products from two inches to one quarter inch; is amended to clarify disposition of gasoline, kerosene, diesel fuel, fuel oils and alternative fuels and modify the disposition of such fuels resulting from proposed changes herein. Also, clarify and transfer references for penalty prohibitions for specified violations to Rule 5F-2.016, F.A.C.; is amended to remove the prohibition for penalty from the discovery of water and/or suspended matter in referenced fuels; is amended to only warrant penalties for vapor pressure violations over 11.0 psi, from June 1 through September 15 of each calendar year; is amended to reference forms used when fuel types in this section are found to be substandard; is amended to reference forms used in the disposition of all listed fuel types in this section; is amended to reference forms used in the discovery of improperly labeled petroleum fueling devices; is amended to reference forms used in the removal of inaccurate measuring devices, devices without inspection stickers, and improperly functioning measuring devices from service; is amended to describe the requirements for manufacturers, terminal suppliers, wholesalers, and importers of petroleum fuel distributing and/or selling petroleum fuel in this state and the party responsible for submitting the petroleum inspection fee; is amended to further clarify ethanol dispenser labeling requirements; is amended to add labeling language to M85 fuel methanol products to more clearly and conspicuously notify consumers that methanol blended products are not necessarily compatible with all flex fuel vehicles; is amended to describe the process and requirements for individuals wishing to register with the Department as a meter mechanic; adopts the current version of the National Institute of Standards and Technology (NIST) Handbook 44; establishes requirements for persons or service agencies installing new petroleum measuring devices to notify the Department within ten (10) days of installation; is amended to state that the Department may revoke or suspend a registration issued under Chapter 525, F.S., as a means of penalty for violations of the laws and rules adopted by the Department; is amended to update and enhance the fine matrix for violations of Chapter 525, F.S.; update the ASTM International fuel quality specification designations for gasoline, diesel fuels, fuel oils, and biodiesel; adopt by reference newly published standards for biodiesel blends (with diesel fuel) for concentrations of 6% to 20% biodiesel.
SPECIFIC AUTHORITY: 525.14, 531.40, 531.41, 570.07 FS.
LAW IMPLEMENTED: 525.01, 525.035, 525.037, 525.07, 525.09, 525.14, 525.16, 531.40 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 23, 2009, 8:30 a.m. EST
PLACE: Florida Department of Agriculture and Consumer Services, Eyster Auditorium, 3125 Conner Blvd., Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by contacting: Matthew Curran, Ph.D., Bureau Chief of Petroleum Inspection, 3125 Conner Blvd., Bldg. 1, Tallahassee, FL 32399, (850)488-9740. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Matthew Curran, Ph.D., Bureau Chief of Petroleum Inspection, 3125 Conner Blvd., Bldg. 1, Tallahassee, FL 32399, (850)488-9740

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.