DAR File No. 32570

Agriculture and Food, Regulatory Services

R70-940

Standards and Testing of Motor Fuel

NOTICE OF PROPOSED RULE

DAR File No.: 32570
Filed: 04/28/2009, 03:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to allow flexibility for motor fuel manufacturers to meet federal requirements for alternative fuel quotas.

Summary of the rule or change:

The changes set standards for up to 10% ethanol blended gasolines to be used statewide between June 1 and September 15 each calendar year; removes the requirement for the exact percentage of ethanol to be posted on the fuel dispenser and replaces it with the statement that the fuel contains up to 10% ethanol, and allows the standards to be waived in the event of a fuel shortage caused by the standards.

State statutory or constitutional authorization for this rule:

Section 4-33-4

Anticipated cost or savings to:

the state budget:

There will be no impact on the state budget. Our weights and measures inspectors already test gasoline for ethanol content.

local governments:

The rule places no responsibilities on local government. There should be no cost or savings to them.

small businesses and persons other than businesses:

The rule provides significant savings to retailers by reducing the signage requirements. This was not able to be calculated by the industry.

Compliance costs for affected persons:

The refineries are already set up to do the required testing. No costs have been identified.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will reduce the financial burden on industry by giving them flexibility to meet the new federal mandates. Also, the signage requirements have been relaxed, and are less labor intensive. Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Richard W Clark, Kyle Stephens, Kathleen Mathews, or Brett Gurney at the above address, by phone at 801-538-7150, 801-538-7102, 801-538-7103, or 801-538-7158, by FAX at 801-538-7126, 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at RICHARDWCLARK@utah.gov, kylestephens@utah.gov, kmathews@utah.gov, or bgurney@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

Leonard M. Blackham, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-940. Standards and Testing of Motor Fuel.

R70-940-2. Standards.

Motor fuels are to meet the following standards:

A. "Octane." (R+M)/2. ASTM D-4814 (ASTM - American Standard of Testing Materials).

B. "Vapor Pressure." ASTM D-323 on Reid Vapor Pressure and ASTM's Information Document on Oxygenated Fuels, Section 4.2.1.

C. "Distillation." ASTM D-86 and ASTM revised D-4814 relative to alcohol blends (along with ASTM's Information Document on Oxygenated Fuels). Additionally, Gasoline and Gasoline-Ethanol Blends shall meet the following requirements:

(1) The most recent version of ASTM D 4814, "Standard Specification for Automotive Spark--Ignition Engine Fuel," except that volatility standards for unleaded gasoline blended with ethanol shall meet but not be more restrictive than those adopted under the rules, regulations, and Clean Air Act waivers of the U.S. Environmental Protection Agency (which includes rules promulgated by the State, and Federally-approved State Implementation Plans (SIP's)). Gasoline blended with ethanol shall be blended under any of the following three options:

(a) The base gasoline used in such blends shall meet the requirements of ASTM D 4814 and shall have a minimum distillation temperature of 77 deg C (170 deg F) at 50 volume percent evaporated, or

(b) The base gasoline shall meet the requirements of ASTM D 4814 and the blend shall have a minimum distillation temperature of 66 deg C (150 deg F) at 50 volume percent evaporated, or

(c) The base gasoline used in such blends shall meet all the requirements of ASTM D 4814 except distillation, and the blend shall meet the requirements of ASTM D 4814, except for vapor pressure.

(2) Blends of gasoline containing 9-10 percent ethanol shall not exceed the ASTM D 4814 vapor pressure limits by more than 1.0 psi from June 1 through September 15 of each calendar year. Gasoline containing less than 9 percent ethanol by volume must comply with D4814 vapor pressure limits during the period. Gasoline containing up to 10 percent ethanol by volume shall not exceed the ASTM D 4814 vapor pressure limits by more than 1.0 psi from September 16 through May 31 of successive years.

D. "Water Tolerance." ASTM D-4814.

E. "Phase Separation." Must be homogenous, no phase separation.

F. "Corrosivity." ASTM D-4814.

G. "Benzene." ASTM D-3606.

H. "Flash Point." ASTM D-93 or D-56.

I. "Gravity." ASTM D-1298.

J. "Sulfur." (X-ray method) ASTM D-2622, 1266, 1552, 2622 or 4294.

K. "Aromatics." ASTM D-1319.

L. "Leads." ASTM D-3237.

M. "Cloud point." ASTM D-2500.

N. "Conductivity." ASTM D-2624.

O. "Cetane" ASTM D-976 or 4737.

P. "Cosolvents." Methanol or ethanol based fuels shall include such cosolvents as are required to increase the water tolerance of the finished gasoline blend to the level specified in R70-940-2-D above.

Q. "Method of Operation." Equipment shall be operated only in the manner that is obviously indicated by its construction or that is indicated by instructions on the equipment.

R. "Maintenance of Equipment." All equipment in service and all mechanisms and devices attached thereto or used in connection therewith shall continuously be maintained in proper operating condition throughout the period of such service.

S. "Product Storage Identification." The fill connection for any petroleum product storage tank or vessel supplying retail motor fuel devices shall be permanently, plainly, and visibly marked as to product contained. When the fill connection device is marked by means of color code, the color key shall be conspicuously displayed at the place of business.

 

R70-940-3. Labels.

All motor fuel kept, offered or exposed for sale or sold containing at least one percent by volume [methanol or ]ethanol [or ethers ]must be labeled in a prominent, conspicuous manner," ["% METHANOL", ]"This fuel contains up to 10% ETHANOL"[, or "% ETHERS"].

A. Letters on the label must be at least 1 1/2 inches high and in contrasting colors.

B. Labels must be located on the face of each dispenser near the area designating the grade of the product.

 

R70-940-8. Fuel Shortage.

The Commissioner of Agriculture and Food may waive the standard in R70-940-2(C)for a county if there is sufficient evidence that a motor fuel shortage is imminent and the standard is determined to be a primary cause.

 

KEY: inspections, motor fuel

Date of Enactment or Last Substantive Amendment: [February 12, 2002]2009

Notice of Continuation: August 29, 2006

Authorizing, and Implemented or Interpreted Law: 4-33-4