7512473, 5F-2.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7512473

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Standards

Chapter:

GASOLINE AND OIL INSPECTION

Overview

RULE:

5F-2.001	Standards (Transferred)
5F-2.002	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 (Transferred)
5F-2.003	Registration and Identification (Transferred)
5F-2.005	Inaccurate Measuring Devices (Transferred)
5F-2.006	Inspection Identification Stickers (Transferred)
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 Meter Sealing Requirements, and Other Related Requirements (Transferred)
5F-2.016	Guidelines for Imposing Administrative Penalties (Transferred)

PURPOSE:

1. Update ASTM International standards for gasoline, kerosene, diesel fuel oils, fuel oils, fuel ethanol, and biodiesel. Also, incorporate new ASTM International standards for biodiesel blends (with diesel fuel oils) for concentrations from 6% to 20%.
2. Establish a minimum octane rating requirement of 87 for gasoline, which includes gasoline-ethanol blends, sold, distributed, offered for sale or offered for distribution at retail gas stations.
3. Establish a minimum motor octane number requirement of 82 for gasoline, which includes gasoline-ethanol blends, with an octane rating of 87 or higher.
4. Establish a temporary lower minimum vapor pressure requirement for E85 Fuel Ethanol classes permitted for sale in Florida, expiring on November 30, 2010, for Class I Type E85 fuels and on April 30, 2011, for Class II Type E85 Fuels. Currently, such blends have difficulty meeting the requirements set forth in the ASTM International Designation for E85 Fuel Ethanol, which is approximately 12 years old (that particular specification). This change is only temporary and is expected to remain in effect only until such time that ASTM International addresses the situation in their specifications.
5. 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.
6. Reference and list all forms used in the stopping of sale of substandard fuel and subsequent release of said fuel after proper remedy; 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.
7. Clarify the disposition of gasoline, kerosene, diesel fuel, fuel oils and alternative fuels. Including the disposition of biodiesel blends (with diesel fuel oils) with a flash point less than the standard, but greater than 100 °F (making it consistent with the existing disposition for diesel fuel oils of the same characteristics). And the disposition of biodiesel and biodiesel blends (with diesel fuel oils and fuel oils) above the ultra-low (S15) sulfur standard, but less than 35 ppm (making it consistent with the existing disposition for diesel fuel oils of the same characteristics).
8. 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.
9. 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.
10. 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.”
11. Update references to 16 CFR Federal labeling requirements.
12. Further clarify ethanol dispenser labeling requirements.
13. Amend to existing 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.
14. Provide instructions and requirements to persons and service agencies wishing to register with the Department as authorized meter mechanics, able to repair and/or adjust the accuracy of petroleum fuel measuring devices in this state.
15. Adopt the 2009 version of the National Institute of Standards and Technology (NIST) Handbook 44.
16. Specify the time period in which the Department must be notified after the installation of a petroleum fuel measuring device.
17. Revise the penalty matrix.

SUMMARY:

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.

RULEMAKING AUTHORITY:

525.14, 531.40, 531.41, 570.07 FS.

LAW:

525.01, 525.035, 525.037, 525.07, 525.09, 525.14, 525.16, 531.40 FS.

PRINT PUBLISH DATE:

9/4/2009 Vol. 35/35

COMMENTS:

From 9/4/2009 To 9/25/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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