Standards, Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oil Numbers 1-D and 2-D, and Fuel Oil Numbers 1 and 2, Registration and Identification, Inaccurate Measuring Devices, Guidelines for Imposing Administrative Penalties

 

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 Oil Numbers 1-D and 2-D, and Fuel Oil Numbers 1 and 2
5F-2.003: Registration and Identification
5F-2.005: Inaccurate Measuring Devices
5F-2.016: Guidelines for Imposing Administrative Penalties

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 51, December 21, 2007 issue of the Florida Administrative Weekly.

5F-2.001 Standards.

(1) Gasoline (includes gasoline blended with oxygenates). The following specifications apply to gasoline sold or offered for sale in Florida. Specific variations or exemptions shall be considered by the Department of Agriculture and Consumer Services for gasoline designed for special equipment or service in accordance with Section 120.542, F.S., Variances and Waivers.

(a) Standards. All gasoline shall conform to the chemical and physical standards for gasoline as set forth in ASTM International designation D 4814-07b D 4814-04b1, “Standard Specification for Automotive Spark-Ignition Engine Fuel,.” with the following exceptions, providing that the base gasoline used under the exceptions conforms to the chemical and physical standards for gasoline as set forth in ASTM International designation D 4814-07b:

1. Vapor Pressure Class Requirements: Gasoline containing one (1) through ten (10) percent ethanol by volume shall be allowed a 1.0 psi increase to the applicable vapor pressure class maximum from September 16 through May 31 (not applicable for gasoline/ethanol blend tankage at refineries, importers, pipelines, and terminals for the month of May). From June 1 (May 1 for gasoline/ethanol blend tankage at refineries, importers, pipelines, and terminals) through September 15, gasoline blends containing ethanol shall conform to the vapor pressure requirements and are entitled to the permissible increases provided by the Environmental Protection Agency (EPA) and outlined in ASTM International designation D 4814-07b, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

2. Distillation Class Requirements: Gasoline containing nine (9) through ten (10) percent ethanol by volume shall be allowed a minimum distillation temperature of 150 °F at the fifty volume percent evaporated distillation point.

3. Vapor Lock Protection Class Requirements: Gasoline containing nine (9) through ten (10) percent ethanol by volume shall be allowed a minimum test temperature for a vapor-liquid ratio of twenty (20) for the vapor lock protection classes listed below.

Class 3: 113 °F

Class 4: 107 °F

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International designation D 4814-07b D4814-04b1, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

(2) Kerosene (Kerosine). The following specifications apply to kerosene No. 1-K and No. 2-K sold or offered for sale in Florida.

(a) Standards. All kerosene No. 1-K and No. 2-K shall conform to the chemical and physical standards for kerosene No. 1-K and No. 2-K as set forth in ASTM International designation D 3699-07 D 3699-04, “Standard Specification for Kerosine.”

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International designation D 3699-07 D3699-04, “Standard Specification for Kerosine.”

(4) Fuel Oils No. 1 and No. 2. The following specifications apply to fuel oils No. 1 and No. 2 sold or offered for sale in Florida.

(a) Standards. All fuel oils No. 1 and No. 2 shall conform to the chemical and physical standards for fuel oils No. 1 and No. 2 as set forth in ASTM International designation D 396-08 D 396-04, “Standard Specification for Fuel Oils.”

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International designation D 396-08 D396-04, “Standard Specification for Fuel Oils.”

(5) Alternative Fuels.

(a)1. Methanol, denatured ethanol, or other alcohols;

2. Denatured Ethanol.

a. Standards. All denatured fuel ethanol shall conform to the chemical and physical standards for denatured fuel ethanol as set forth in the ASTM International designation D 4806-07a D 4806-04a, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”

b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International designation D 4806-07a D 4806-04a, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”

2. Biodiesel blends (biodiesel blended with diesel fuel or fuel oil). The following specifications apply to biodiesel blends sold or offered for sale in Florida. Biodiesel blends cannot contain more than 20% biodiesel. B99 is not considered a blend for the purposes of this section.

a. Standards.  Biodiesel blends containing diesel fuel shall meet the specifications set forth by ASTM International designation D 975-07b D 975-04c1, “Standard Specification for Diesel Fuel Oils.”

b. Standards. Biodiesel blends containing fuel oil shall meet the specifications set forth by ASTM International designation D396-08, “Standard Specification for Fuel Oils.”

c.b. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel, laboratory analyses shall be conducted using the methods recognized by the ASTM International designation D 975-07b D 975-04c1, “Standard Specification for Diesel Fuel Oils.”

d. Analysis. For purposes of inspection and testing biodiesel blends containing fuel oil, laboratory analyses shall be conducted using the methods recognized by the ASTM International designation D 396-08, “Standard Specification for Fuel Oils.”

(7) Materials. The following materials are hereby incorporated by reference. Copies of these publications may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or http://www.astm.org.

(a) ASTM International D 4814-07b D 4814-04b1, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

(b) ASTM International D 3699-07 D 3699-04, “Standard Specification for Kerosine.”

(d) ASTM International D 396-08 D 396-04, “Standard Specification for Fuel Oils.”

(e) ASTM International designation D 4806-07a D4806-04a, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”

Specific Authority 525.037, 525.14 FS. Law Implemented 525.01, 525.037, 525.14 FS. History–Amended 1-15-68, 7-1-71, 7-1-73, 12-1-73, 11-16-74, 2-13-80, 5-3-83, Formerly 5F-2.01, Amended 5-3-90, 8-13-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 4-18-05, 6-1-06,________.

 

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.

(1) GASOLINE.

(d) Gasoline found below standard because of a silver corrosion rating of two (2) shall be withheld from sale to the public until it conforms to the silver corrosion standard for gasoline as set forth in ASTM International designation D4814-07b, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” or is replaced with a suitable product that conforms to the silver corrosion standard for gasoline as set forth in ASTM International designation D4814-07b, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

(e)(c) Gasoline not meeting specifications stated in ASTM International D 4814-07b D 4814-04b1, “Standard Specification for Automotive Spark-Ignition Engine Fuel” for reasons other than those enumerated in paragraphs (1)(a), and (b), (c) or (d) shall be subject to penalties provided in Section 525.16, F.S. These penalties are specified in Rule 5F-2.016, F.A.C.

(2) KEROSENE.

(b) Kerosene not meeting specifications stated in ASTM International D 3699-07 D 3699-04, “Standard Specification for Kerosine” for reasons other than those enumerated in paragraph (2)(a) shall be subject to penalties provided in Section 525.16, F.S. These penalties are specified in Rule 5F-2.016, F.A.C.

(3) DIESEL FUEL OILS No. 1-D AND No. 2-D, AND FUEL OILS No. 1 AND No. 2.

(d)(c) Diesel fuel oils No. 1-D and No. 2-D, and fuel oils No. 1 and No. 2 not meeting specifications stated in ASTM International D 975-07b D 975-04c1, “Standard Specification for Diesel Fuel Oils” and ASTM International D 396-08 D396-04, “Standard Specification for Fuel Oils”, respectively for reasons other than those enumerated in paragraphs (3)(a),(b) or (c) and (b) shall be subject to the penalties as provided in Section 525.16, F.S. These penalties are specified in Rule 5F-2.016, F.A.C.

Specific Authority 525.037, 525.14, 525.16 FS. Law Implemented 525.037, 525.16 FS. History–Amended 7-1-71, 7-1-73, Repromulgated 12-31-74, Amended 2-13-80, Formerly 5F-2.02, Amended 5-3-90, 8-13-92, 1-24-93, 11-29-94, 6-1-06,_________.

 

5F-2.003 Registration and Identification.

(1) The Department of Agriculture and Consumer Services will furnish on request Form DACS-03202E for making statements and affidavits required in Section 525.01, Florida Statutes. Form DACS-03202E is effective 11-29-94, (Rev. 6/01) and is hereby adopted and incorporated by reference herein. The form may be obtained by writing or visiting the Department of Agriculture and Consumer Services, Division of Standards, Bureau of Petroleum Inspection, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 or at http://www.doacs.state.fl.us/onestop/forms/03202.pdf.

(10) All biodiesel blends containing fuel oil kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “Fuel Oil Containing Biodiesel (XX),” where XX represents the volume percent biodiesel in the biodiesel blend, and shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Every dispenser that dispenses a biodiesel blend containing fuel oil with a biodiesel percentage greater than 5% shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows:

THIS PRODUCT CONTAINS BIODIESEL. CONSULT WITH YOUR EQUIPMENT OR ENGINE MANUFACTURER OR OWNER’S MANUAL BEFORE USING THIS PRODUCT.

Specific Authority 525.14, 526.09 FS. Law Implemented 525.01, 525.035, 525.14, 526.01(1), (3) FS. History–Amended 12-31-74, 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06,________.

 

5F-2.005 Inaccurate Measuring Devices.

(3) If any petroleum fuel measuring device is found to be overregistering fuel in excess of the specifications and tolerances established by the department in Rule 5F-2.014, F.A.C., the device shall be placed out-of-service and prohibited from further use. Such measuring devices placed out-of-service for inaccuracy shall be rendered inoperative either by removal or by the locking of working parts with lead and wire seal and shall not be put back in service without reinspection and or the written consent of the department.

(4) If three or more petroleum fuel measuring devices at any petroleum retail facility are each found to be overregistering fuel in excess of 25 cubic inches, the devices shall be placed out-of-service and prohibited from further use. The nozzles of such petroleum measuring devices placed out-of-service for inaccuracy shall be covered with a red plastic bag and the measuring devices shall be rendered inoperative either by the removal or by the locking of working parts with lead and wire seal. The measuring devices shall not be put back in service without reinspection or and the written consent of the department.

Specific Authority 525.07, 525.14 FS. Law Implemented 525.07 FS. History–Amended 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94,________.

 

5F-2.016 Guidelines for Imposing Administrative Penalties.

(5) Pursuant to Section 525.16(1)(a)2., Florida Statutes, four factors will be considered when imposing an administrative fine on a second time or repeat offender for violations that are not shown to have been willful or intentional. The factors are:

(a) The degree and extent of harm caused by the violation;

(b) The cost of rectifying the damage;

(c) The amount of money the violator benefitted from the noncompliance; and

(d) The compliance record of the violator.

The administrative fine will be a sum of the assigned monetary amounts of these factors. These factors will be assigned monetary amounts in the following manner:

1. The degree of harm is determined by the severity and nature of the violation and the extent of harm will be determined by the amount of substandard product sold.

a. Severity and Nature of the Violation.

Gasoline

Fine	$100	$250	$500
Distillation: End Point, °F	<450-475 >475	476-500	>500
Distillation: 10, 50 & 90% evaporated temperature, °F		all violations
Vapor Pressure*, psi	April-October: > maximum but <11.5	November-March: > 13.5 April-October: > 11.5
Antiknock Index, (Octane Rating)			>2.0 below displayed value
Sulfur			all violations
Gum			all violations
Vapor-Liquid Ratio		all violations
Alcohol/Oxygenates, (vol. %)		> maximum but 20%	>20%
Ethanol, (vol. %)	> 3.0 from displayed value
Silver Corrosion			> 2 all violations

 

* The vapor pressure limits in this table for gasoline blended with ethanol under the exceptions in subparagraph 5F-2.001(1)(a)1., F.A.C., shall be increased by 1.0 psi.

Diesel, Biodiesel Blends, Kerosene, and Fuel Oils

 

Fine	$100	$250	$500
Flash Point, °F	diesel, biodiesel blends & fuel oils: 80-95 kerosene: 80-91	diesel, biodiesel blends, kerosene & fuel oils: 60-79	diesel, biodiesel blends, kerosene & fuel oils: < 60
Distillation, °F		diesel, biodiesel blends, kerosene & fuel oils: all violations
Sulfur (ULSD, Biodiesel blends containing ULSD and S15 Biodiesel)			>35 ppm all violations
Sulfur (all other fuels)			all violations
Lubricity			all violations
Biodiesel and Fuel Oil Containing Biodiesel, (% vol. %)	biodiesel blends: >20
Biodiesel and Fuel Oil Containing Biodiesel, (vol. %)	blends: > 5 from displayed value

 

*Sulfur requirements for Ultra Low Sulfur Diesel (ULSD or S15) will be elevated to 22 ppm until September 1, 2006 at the wholesale level and October 15, 2006 at the retail level. See 40 CFR Part 80 as amended in Federal Register on November 22, 2005, volume 70 number 224, page 70498.

Fuel Ethanol (Ed75-Ed85) and Fuel Methanol (M70-M85)

 

Fine	$100	$250	$500
Ethanol content, (vol. %)	Fuel Ethanol (Ed 75-Ed85): all violations
Methanol content, (vol. %)	all violations
Vapor Pressure, psi	all violations
Sulfur	all violations
Water content	all violations
Distillation: End Point, °F	475	476-500	>500

 

Biodiesel Fuel Blend Stock (B100) and B99

 

Fine	$100
Flash Point	all violations
Water and sediment content	all violations
Sulfur	all violations
Glycerin	all violations
Distillation: 90%, °F	all violations

 

b. Extent of Harm.

Fine	$250	$750	$1,500
# of gallons sold	0-500	501-1000	> 1000

 

2. The cost of rectifying the damage is determined by the monetary value of repairs for equipment damaged by the substandard product. These damages must be related to a valid complaint filed with the Department.

 

Fine	$100	$250	$500
$value	<$500	$500-1000	>$1000

 

3. Benefit to Violator.

Fine	Revenue resulting from sale of substandard product.

 

4. Compliance Record.

Fine	$100 per violation	$250 per violation	$500 per violation
# of violations subject to penalty	3rd previous year	2nd previous year	1st previous year

 

Specific Authority 525.14 FS. Law Implemented 525.16 FS. History– New 2-24-00, Amended 7-30-02, 6-1-06,_______.