The proposed rule will adopt updated versions of CFR the ASTM International Designation standards.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-21.001Standards

5J-21.003Registration and Identification

5J-21.008Guidelines for Imposing Administrative Penalties

PURPOSE AND EFFECT: The proposed rule will adopt updated versions of CFR the ASTM International Designation standards.

SUMMARY: The proposed amendments update incorporated CFR and ASTM International Designation standards.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: : The department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rules do not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The proposed amendments update incorporated standards. There are no anticipated increases in regulatory costs. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 525.14, 531.41, 570.07(23) FS.

LAW IMPLEMENTED: 525.01, 525.035, 525.037, 525.14, 525.16, 531.42, 531.44, 570.971(4) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mauricio Mejia, Chief, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399 [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-21.001 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 D4814-24 (Approved January 1, 2024)D4814-20a (approved April 1, 2020), “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 D4814-24 (Approved January 1, 2024)D4814-20a (approved April 1, 2020), “Standard Specification for Automotive Spark-Ignition Engine Fuel” except where noted:

1. Vapor Pressure Class Requirements: Gasoline containing at least one (1) 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 class requirements and are entitled to the permissible increases provided by the Environmental Protection Agency (EPA) and outlined in ASTM International Designation D4814-24 (Approved January 1, 2024)D4814-20a (approved April 1, 2020), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

2. If, prior to blending with ethanol, the base gasoline has either a maximum distillation temperature at the fifty volume percent evaporated distillation point of up to 10° F above the maximum or has a driveability index (DI) of up to 30 above the maximum, as stated for the proper distillation class in ASTM International Designation D4814-24 (Approved January 1, 2024)D4814-20a (approved April 1, 2020), “Standard Specification for Automotive Spark-Ignition Engine Fuel”, or has both, the fuel may be sold, distributed or offered for sale or distribution provided that the department is contacted at [phone] prior to exercising this option and is provided with a documented company statement attesting to and demonstrating the following:

a. No change.

b. The base gasoline meets all other specifications for spark-ignition engine fuels as set forth in ASTM International Designation D4814-24 (Approved January 1, 2024)D4814-20a (approved April 1, 2020), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

c. No change.

d. The fuel will be tested by the owner after blending (hand blend samples are acceptable), but before selling, distributing, offering for sale or distribution, and it shall be demonstrated that the fuel meets all specifications for gasoline as defined in ASTM International Designation D4814-24 (Approved January 1, 2024)D4814-20a (approved April 1, 2020), “Standard Specification for Automotive Spark-Ignition Engine Fuel”, which shall be displayed on a certificate of analysis or laboratory report. Such documentation must be made available to the department upon request.

e. No change.

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D4814-24 (Approved January 1, 2024)D4814-20a (approved April 1, 2020), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

(c) No change.

(d) through (e) No change.

(2) No change.

(3) Diesel Fuels No. 1-D and No. 2-D. The following specifications apply to diesel fuels No. 1-D and No. 2-D sold or offered for sale in Florida.

(a) Standards. All diesel fuels No. 1-D and No. 2-D shall conform to the chemical and physical standards for diesel fuels No. 1-D and No. 2-D as set forth in ASTM International Designation D975-23 (approved August 15, 2023)D975-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel.”

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D975-23 (approved August 15, 2023)D975-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel.”

(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 D396-21 (approved April 1, 2021)D396-20 (approved June 1, 2020), “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 D396-21 (approved April 1, 2021)D396-20 (approved June 1, 2020), “Standard Specification for Fuel Oils.”

(5) Alternative Fuels.

(a) Denatured Ethanol.

1. 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 D4806-21a (approved October 1, 2021)D4806-20 (approved May 1, 2020), “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”

2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D4806-21a (approved October 1, 2021)D4806-20 (approved May 1, 2020), “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”

(b) Methanol Fuel Blends (51 to 85 volume percent methanol). The following specifications apply to Methanol Fuel Blends (51 to 85 volume percent methanol) sold or offered for sale in Florida.

1. Standards. All Methanol Fuel Blends (51 to 85 volume percent methanol) shall conform to the chemical and physical standards for Methanol Fuel Blends (51 to 85 Volume percent methanol) as set forth in the ASTM International Designation D5797-21 (approved October 1, 2021)D5797-18 (approved December 1, 2018), “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(1), F.A.C.

2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D5797-21 (approved October 1, 2021)D5797-18 (approved December 1, 2019), “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines.”

(c) Mixtures of Denatured Ethanol.

1. Ethanol Fuel Blends (51 to 83 volume percent ethanol). The following specifications apply to Ethanol Fuel Blends (51 to 83 volume percent ethanol) sold or offered for sale in Florida.

a. Standards. All Ethanol Fuel Blends (51 to 83 volume percent ethanol) shall conform to the chemical and physical standards for Ethanol Fuel Blends (51 to 83 volume percent ethanol) as set forth in the ASTM International Designation D5798-21 (approved October 1, 2021)D5798-20 (approved May 1, 2020), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(1), F.A.C.

b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D5798-21 (approved October 1, 2021)D5798-20 (approved May 1, 2020), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines.”

2. Mid-Level Ethanol Blends. The following specifications shall apply to automotive spark-ignition engine fuels with ethanol concentrations greater than that which is permitted in subsection 5J-21.001(1), F.A.C., and less than that which is permitted in subparagraph 5J-21.001(5)(c)1., F.A.C., sold or offered for sale in Florida.

a. Standards. All mid-level ethanol blends shall conform to the practices as set forth in the ASTM International Designation D7794-21 (approved April 1, 2021)D7794-20 (approved July 1, 2020), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(1), F.A.C.

b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7794-21 (approved April 1, 2021)D7794-20 (approved July 1, 2020), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines.”

(d) Fuels, other than alcohol, derived from biological materials:

1. Biodiesel fuel blend stock (also referred to as biodiesel or B100) and B99 (99% biodiesel and 1% diesel fuel by volume). The following specifications apply to biodiesel and B99 sold or offered for sale in Florida.

a. Standards. Biodiesel and B99 shall meet the specifications set forth by ASTM International Designation D6751-23a (approved April 1, 2023)D6751-20 (approved January 1, 2020), “Standard Specification for Biodiesel Fuel Blendstock Blend Stock (B100) for Middle Distillate Fuels.”

b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D6751-23a (approved April 1, 2023)D6751-20 (approved January 1, 2020), “Standard Specification for Biodiesel Fuel Blendstock Blend Stock (B100) for Middle Distillate Fuels.”

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 subparagraph.

a. Standards. Biodiesel blends containing diesel fuel and 6% or more biodiesel shall meet the specifications set forth by ASTM International Designation D7467-23 (approved October 1, 2023)D7467-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”

b. Standards. Biodiesel blends containing diesel fuel and less than 6% biodiesel shall meet the specifications set forth by ASTM International Designation D975-23 (approved August 15, 2023)D975-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel.”

c. Standards. Biodiesel blends containing fuel oil shall meet the specifications set forth by ASTM International Designation D396-21 (approved April 1, 2021)D396-20 (approved June 1, 2020), “Standard Specification for Fuel Oils.”

d. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel and 6% or more biodiesel, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7467-23 (approved October 1, 2023)D7467-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”

e. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel and less than 6% biodiesel, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D975-23 (approved August 15, 2023)D975-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel.”

f. 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 D396-21 (approved April 1, 2021)D396-20 (approved June 1, 2020), “Standard Specification for Fuel Oils.”

(e) Butanol.

1. Standards. All butanol shall conform to the chemical and physical standards for butanol as set forth in the ASTM International Designation D7862-21 (approved April 1, 2021)D7862-19 (approved May 1, 2020), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”

2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7862-21 (approved April 1, 2021)D7862-19 (approved May 1, 2019), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”

(6) Water in Retail Storage Tanks.

(a) Water in retail storage tanks containing petroleum fuels, with the exception of products listed in paragraph (6)(b), enumerated in this rule shall not exceed one inch inches in depth when measured from the bottom of the tank.

(b) No change.

(7) through (9) No change.

(10) 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 and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, and at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway 3125 Conner Boulevard, Tallahassee, FL 32399-6500 32399-1650. Posting of the following materials on the internet for purposes of public examination would violate federal copyright law.

(a) ASTM International Designation D4814-24 (approved January 1, 2024)D4814-20a (approved April 1, 2020), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

(b) No change.

(c) ASTM International Designation D975-23 (approved August 15, 2023)D975-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel.”

(d) ASTM International Designation D396-21 (approved April 1. 2021)D396-20 (approved June 1, 2020), “Standard Specification for Fuel Oils.”

(e) ASTM International Designation D4806-21a (approved October 1, 2021)D4806-20 (approved May 1, 2020), “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”

(f) ASTM International Designation D5798-21 (approved October 1, 2021)D5798-20 (approved May 1, 2020), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines.”

(g) ASTM International Designation D5797-21 (approved October 1, 2021)D5797-18 (approved December 1, 2018), “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines.”

(h) ASTM International Designation D6751-23a (approved April 1, 2023)D6751-20 (approved January 1, 2020), “Standard Specification for Biodiesel Fuel Blendstock Blend Stock (B100) for Middle Distillate Fuels.”

(i) ASTM International Designation D7467-23 (approved October 1, 2023)D7467-20a (approved June 1, 2020), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”

(j) ASTM International Designation D7794-21 (approved April 1, 2021)D7794-20 (approved July 1, 2020), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines.”

(k) ASTM International Designation D7862-21 (approved April 1, 2021)D7862-19 (approved May 1, 2019), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS. History–New 1-15-68, Amended 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, 5-6-08, 1-3-10, 4-3-14, 1-7-15, Formerly 5F-2.001, Amended 11-15-20,                     .

 

5J-21.003 Registration and Identification.

(1) Every retail gasoline dispenser shall have the octane rating of the gasoline being sold therefrom conspicuously and firmly posted in a manner conforming with 16 CFR Part 306.12 (1-1-2023 1-1-2020 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401, at CFR-2023-title16-vol1-sec306-12.pdf (govinfo.gov), or at http://www.flrules.org/Gateway/reference.asp?No=Ref- 13980.

(2) through (6) No change.

(7) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 15% ethanol or 5% methanol shall be identified by a name indicating the amount of ethanol, or methanol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing on the upper fifty percent of the dispenser front panel in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (1-1-2023 1-1-2020 Edition), as incorporated by reference in subsection (1) above.

(a) through (c) No change.

(8) through (9) No change.

(10) All gasoline containing greater than ten percent ethanol by volume and up to and including fifteen percent ethanol by volume shall be labeled in accordance with 40 CFR 1090.1510 (7-1-23 Edition) (85 Federal Register 234, December 4, 2020), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol N.W., Washington, D.C. 20401, at CFR-2023-title40-vol37-sec1090-1510.pdf (govinfo.gov) https://www.govinfo.gov/content/pkg/FR-2020-12-04/pdf/2020-23164.pdf, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-       13982.

(11) through (12) No change. 

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS. History–New 12-31-74, Amended 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, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.003, Amended 11-15-20, 2-20-22,                  .

 

5J-21.008 Guidelines for Imposing Administrative Penalties.

(1) through (5) No change.

(6) Penalties.

(a) through (b) No change.

(c) Tier II Major Violations. A violation of Chapter 525 or 531, F.S., or this rule chapter is a Tier II violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm. Tier II violations shall result in prohibiting the sale, distribution, offering for sale or distribution of the substandard product and imposition of an administrative fine not to exceed the statutory maximum set forth in Section 525.16, F.S. For the purposes of this rule, the following violations shall be considered Tier II violations:

1. through 18. No change.

19. Failure to meet any requirements listed in the standards for biodiesel fuel blend stock (or biodiesel), as incorporated through the adopted version of ASTM International Designation D6751, “Standard Specification for Biodiesel Fuel Blendstock Blend Stock (B100) for Middle Distillate Fuels” in paragraph 5J-21.001(10)(h), F.A.C.

20. through 30. No change.

(d) No change.

(7) No change.

Rulemaking Authority 525.14, 531.41, 570.07(23) FS. Law Implemented 525.16, 531.42, 531.44, 570.971(4) FS. History–New 2-24-00, Amended 7-30-02, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.016, Amended 11-15-20,       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mauricio Mejia, Chief of Standards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 2, 2024