NOTICE OF PROPOSED RULE

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NO.: RULE TITLES:

5F-2.001 Standards.

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.

5F-2.003 Registration and Identification.

5F-2.005 Inaccurate Measuring Devices

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:

The purpose and effect of amending 5F-2.001 is to:

1. adopt current editions of ASTM International fuel quality specification designations for gasoline, diesel fuels, kerosene, fuel oils, and various alternative fuels listed in Chapter 5F-2, Florida Administrative Code, except as stated in paragraphs 5F-2.001(1)(a)1-3 of the proposed rule, so that the Department will use the most recent nationally recognized standards for petroleum products developed by a consensus organization;

2. add “end point” distillation requirements to alternative fuels to protect consumers from contaminated fuel;

3. define and include B99 with the existing B100 for use and specifications;

4. revise the volatility requirements for certain alcohol blended fuels;

5. redefine the term and standards for biodiesel blends to include fuel oil as a blending agent to concur with general practices.

The purpose and effect of amending 5F-2.002 is to provide disposition processes for certain substandard fuels in order to create a modified process for less severely contaminated fuels.

The purpose and effect of amending 5F-2.003 is to update the labeling requirements of certain fuels to make Department rules in accord with new federal labeling requirements and to add a web address for certain Department forms, making them more accessible.

The purpose and effect of amending 5F-2.005 is to allow an alternative method for dealing with improperly registering petroleum fuel measuring devices that have been repaired. This will increase the efficiency of Department personnel.

The purpose and effect of amending 5F-2.014 is to:

1. add requirements to standards for petroleum fuel measuring devices to protect the consumer from fueling improperly or receiving short measure;

2. adopt the 2007 edition of National Institute of Standards and Technology (NIST) Handbook 44 which contains specifications and testing criteria for liquid and vapor measuring devices in order to incorporate the most recent nationally recognized specifications and testing criteria for measuring devices developed by a consensus organization.

The purpose and effect of amending 5F-2.016 is to update the penalty matrices to reflect the proposed changes in 5F-2.

SUBJECT AREA TO BE ADDRESSED: Proposed rule chapter 5F-2 will specify that the most recent editions of ASTM International standards for fuels and other vehicular fluids are to be accepted for implementation. Changes and additions regarding specifications and labeling of these products are also addressed. New requirements for petroleum measuring devices are addressed. Changes and/or updates for penalties for violations are addressed. The website to the Gasoline and Oil Inspection Affidavit form is added.

SPECIFIC AUTHORITY: 525.037, 525.07, 525.14, 525.16, 526.09, 531.40, 531.41(3), F.S. LAWS IMPLEMENTED: 525.01, 525.035, 525.037, 525.07, 525.14, 525.16, 526.01(1),(3), 531.40, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

TIME AND DATE: 9:30 AM EST on January 14, 2008.

PLACE: Eyster Auditorium, 3125 Conner Blvd., Tallahassee, FL 32399-1650

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE AND A COPY OF THE PRELIMINARY DRAFT IS: Matthew D. Curran, Ph.D., Chief, Bureau of Petroleum Inspection, 3125 Conner Blvd., Bldg. #1, Tallahassee, FL 32399-1650, Phone: 850/488-9740.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE IS:

   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 4814-07a D 4814-04b^ε1, “Standard Specification for Automotive Spark-Ignition Engine Fuel ,.” with the following exceptions:

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 4814-07a, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”
2. Distillation Class Requirements: The base gasoline used to blend with ethanol shall meet the requirements of ASTM International designation D 4814-07a, “Standard Specification for Automotive Spark-Ignition Engine Fuel.” Gasoline containing one (1) through ten (10) percent ethanol by volume shall be allowed a minimum distillation temperature of 158 °F at the fifty volume percent evaporated distillation point from April 1 (April 16 for end users) through October 31.  Gasoline containing one through ten percent ethanol by volume shall be allowed a minimum distillation temperature of 150 °F at the fifty volume percent evaporated distillation point from November 1 through March 31 (April 15 for end users).
3. Vapor Pressure Lock Protection Class Requirements: Gasoline containing one (1) through ten (10) percent ethanol by volume shall be allowed a minimum temperature of 116 °F for a vapor-liquid ratio of twenty.

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International designation D 4814-07a D 4814-04b^ε1, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

   (c) No person shall sell or offer for sale gasoline in this state that does not comply with the following requirements:

   1. The total ethanol content of gasoline shall not exceed ten percent (10.0%), by volume;

   2. The total methanol and co-solvents content of gasoline shall not exceed ten percent (10.0%), by volume;

   3. The total methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed fifteen percent (15.0%), by volume;

   4. The total ethanol and methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed twelve percent (12.0%), by volume.

   (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 3699-06D 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 3699-06D 3699-04, “Standard Specification for Kerosine.”

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

   (a) Standards. All diesel fuel oils No. 1-D and No. 2-D shall conform to the chemical and physical standards for diesel fuel oils No. 1-D and No. 2-D as set forth in ASTM International designation D 975-07bD 975-04c^ε1, “Standard Specification for Diesel Fuel Oils.”

   (b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International designation D 975-07bD 975-04c^ε1, “Standard Specification for Diesel Fuel Oils.”

   (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 396-07D 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 396-07D 396-04, “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 4806-07D 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 4806-07D 4806-04a, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”

   (b) Mixtures containing 85% by volume of methanol, denatured ethanol, or other alcohols with gasoline or other fuels, or such other percentage, determined acceptable in the specifications for such mixtures as adopted in this section to provide for requirements relating to cold start, safety, or vehicle functions:

   1. E85 Fuel Ethanol. The following specifications apply to E85 Fuel Ethanol sold or offered for sale in Florida.

a. Standards. All E85 Fuel Ethanol shall conform to the chemical and physical standards for Fuel Ethanol as set forth in the ASTM International designation D 5798-07D 5798-99, “Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines.” with the following addition: All E85 Fuel Ethanol shall conform to the end-point distillation temperature requirements for gasoline, as defined in Rule 5F-2.001(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 D 5798-07D 5798-99, “Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines.”

   2. M85 Fuel Methanol. The following specifications apply to M85 Fuel Methanol sold or offered for sale in Florida.

a. Standards. All M85 Fuel Methanol shall conform to the chemical and physical standards for Fuel Methanol as set forth in the ASTM International designation D 5797-07D 5797-96, “Standard Specification for M85 Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines.” with the following addition: All M85 Fuel Methanol shall conform to the end-point distillation temperature requirements for gasoline, as defined in Rule 5F-2.001(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 D 5797-07D 5797-96, “Standard Specification for M85 Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines.”

   (c) 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 D 6751-07bD 6751-03a, “Standard Specification for Biodiesel Fuel 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 D 6751-07bD 6751-03a, “Standard Specification for Biodiesel Fuel 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 section.

a. Standards. Biodiesel blends containing diesel fuel shall meet the specifications set forth by ASTM International designation D 975-07bD 975-04c^ε1, “Standard Specification for Diesel Fuel Oils.” 

b. Standards. Biodiesel blends containing fuel oil shall meet the specifications set forth by ASTM International designation D396-07, “Standard Specification for Fuel Oils.”

   cb. 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 975-07bD 975-04c^ε1, “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 396-07, “Standard Specification for Fuel Oils.”

   (6) Water in Retail Storage Tanks. Water in storage tanks containing products enumerated in this section and from which products are sold at retail shall not exceed two inches in depth when measured from the bottom of the tank.

   (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 4814-07a D 4814-04b^ε1, “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

   (b) ASTM International D 3699-06D 3699-04, “Standard Specification for Kerosine.”

   (c) ASTM International D 975-07bD 975-04c^ε1, “Standard Specification for Diesel Fuel Oils.”

   (d) ASTM International D 396-07D 396-04, “Standard Specification for Fuel Oils.”

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

   (f) ASTM International D 5798-07D 5798-99, “Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines.”

   (g) ASTM International D 5797-07D 5797-96, “Standard Specification for M85 Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines.”

   (h) ASTM International designation D 6751-07bD 6751-03a, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.”

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.

   (a) Gasoline found below the standard by reason of containing water, sediment, or suspended matter shall be withheld from sale to the public by the Department of Agriculture and Consumer Services until brought up to standard.

   (b) Gasoline found below standard because of an Antiknock Index octane rating difference of more than one (1.0), but not more than two (2.0) from the octane rating, below the Antiknock Index displayed on the dispenser shall be withheld from sale to the public until it meets or exceeds has been brought up to the octane rating ((R+M)/2) displayed on the dispenserAntiknock Index standard. If the product meets the specifications for a lesser grade of gasoline, it may be labeled as the lesser grade and released for sale to the public.

   (c) Gasoline blended with ethanol found to have an ethanol content of more than one (1.0) percent by volume, but not more than three (3.0) percent by volume, above or below the posted ethanol content displayed on the dispenser shall be withheld from sale to the public until it has been brought up to standard or relabeled appropriately. No concentration shall be permitted to be less than one (1.0) percent by volume ethanol if the product is labeled as containing ethanol according to the requirements in Rule 5F-2.003(7), F.A.C.

   (d) Gasoline found below standard because of a silver corrosion rating of two (2) shall be withheld from sale to the public until it meets the silver corrosion standard, as defined in Rule 5F-2.001(1), F.A.C., or is replaced with a suitable product that meets the silver corrosion standard, as defined in Rule 5F-2.001(1), F.A.C.

   (ec) Gasoline not meeting specifications stated in ASTM International D 4814-07a D 4814-04b^ε1, “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.

   (a) Kerosene found below standard by reason of containing water, sediment, suspended matter, or failing to meet the standard for color shall not have an assessment levied, by the Department, but shall be withheld from sale to the public until brought up to standard.

   (b) Kerosene not meeting specifications stated in ASTM International D 3699-06D 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.

   (a) Diesel fuel oils and fuel oils found below standard by reason of containing excessive amounts of water and sediment shall not have an assessment levied but shall be withheld from sale to the public until they are brought up to standard.

   (b) Diesel fuel oils No. 2-D found below the flash point standard, but not below 100°F, shall not have an assessment levied but shall be withheld from sale to the public until brought up to standard.

   (c) Diesel fuel oils No. 1-D and No. 2-D found above the ultra-low (S15) sulfur standard, but equal to or below 35 ppm sulfur shall not have an assessment levied, but shall be withheld from sale to the public until brought up to standard or relabeled appropriately.

   (dc) 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 975-07bD 975-04c^ε1, “Standard Specification for Diesel Fuel Oils” and ASTM International D 396-07D 396-04, “Standard Specification for Fuel Oils”, respectively for reasons other than those enumerated in paragraphs (3)(a),(b) and or (bc) 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.

   (4) ALTERNATIVE FUELS.

   (a) Alternative Fuels found below standard shall be withheld from sale to the public until brought up to standard.

   (b) A biodiesel blend found to have a biodiesel content of more than two (2.0) percent by volume, but not more than five (5.0) percent by volume, above or below the posted biodiesel content displayed on the dispenser shall be withheld from sale to the public until it has been brought up to standard or relabeled appropriately.

   (bc) Alternative Fuels found below standard for reasons other than those enumerated in paragraph (4)(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-03202 for making statements and affidavits required in Section 525.01, Florida Statutes. Form DACS-03202 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.

   (2) 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 Code of Federal Regulations Part 306 (1-1-93 07 Edition) which is hereby adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

   (3) Every retail gasoline dispenser shall have the grade designation of the gasoline being sold therefrom conspicuously and firmly attached thereto. The octane rating of gasoline sold using the following grade designations must meet the minimum octane rating indicated:

   

   (4) All racing gasoline or gasoline designed for special use that is kept, offered, or exposed for sale, or sold at retail that does not meet standards established in subsection 5F-2.001(1), F.A.C.:

   (a) May not be advertised or represented, in writing or orally, to be suitable for use in ordinary motor vehicles or boat motors,

   (b) Shall be accompanied by a conspicuous sign on the dispenser stating that the product does not meet gasoline specifications.

   (5) Every retail kerosene dispenser or container-package of kerosene offered for sale at retail shall be conspicuously labeled “kerosene” immediately followed by the designation: 1-K or 2-K, whichever is applicable.

   (6) Beginning June 1, 2006, every retail diesel fuel dispenser shall have the proper grade designation to indicate the sulfur content of the diesel fuel being sold therefrom conspicuously and firmly attached thereto. Lettering must be in block letters of no less than 24-point bold type and printed in a color contrasting the background. The label shall be placed on the vertical surface of each dispenser housing on each side that has measure and price meters. The label shall be on the upper two-thirds of the dispenser and clearly visible to anyone dispensing fuel from the dispenser. The label shall include all of the following text relating to the grade of diesel fuel sold through the dispenser:

(a) For all ultra-low sulfur highway diesel fuel:

ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)

Required for use in all model year 2007 and later highway diesel vehicles and engines.

Recommended for use in all diesel vehicles and engines.

(b) For all low sulfur highway diesel fuel:

LOW SULFUR HIGHWAY DIESEL FUEL (500 ppm Sulfur Maximum)

WARNING-- Federal law prohibits use in model year 2007 and later highway vehicles and engines. Its use may damage these vehicles and engines.

   (c) For all ultra-low sulfur non-highway diesel fuel:

NON-HIGHWAY DIESEL FUEL (may exceed 500 ppm Sulfur, but not more than 5,000 ppm Sulfur)

WARNING-- Federal law prohibits use in highway vehicles and engines. Its use may damage these vehicles and engines.

ULTRA-LOW SULFUR NON-HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)

Required for use in all model year 2011 and newer non-road diesel engines.

Recommended for use in all non-road, locomotive, and marine diesel engines.

WARNING—Federal law prohibits use in highway vehicles or engines.

(d) For low sulfur non-highway diesel fuel:

LOW SULFUR NON-HIGHWAY DIESEL FUEL (500 ppm Sulfur Maximum)

WARNING—Federal law prohibits use in highway vehicles or engines.

(e) For high sulfur non-highway diesel fuel:

HIGH SULFUR NON-HIGHWAY DIESEL FUEL (may exceed 500 ppm Sulfur, but not more than 5,000 ppm Sulfur)

WARNING—Federal law prohibits use in highway vehicles or engines.

May damage non-road diesel engines required to use low-sulfur or ultra-low sulfur diesel fuel.

(f) For all fuel (heating) oil:

WARNING—Federal law prohibits use in highway vehicles or engines, or in non-road, locomotive, or marine diesel engines. Its use may damage these diesel engines.

   (7) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 10% by volume of ethanol, methanol, or a combination shall be identified as “contains 10% or less or 1-10% ethanol,” “contains 10% or less or 1-10% methanol,” or “contains 10% or less or 1-10% ethanol/methanol”, or other definitive equivalent statement declaring the presence of methanol, ethanol, or combination on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Gasoline kept, offered, or exposed for sale, or sold, at retail, containing specifically ten percent by volume of ethanol may be identified as “E10” and “contains ethanol” or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver's position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

   (8) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 10% ethanol, methanol or other alcohol shall be identified by a name indicating the amount and type(s) of ethanol, methanol or other alcohol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 Code of Federal Regulations, Part 306.12 (1-1-07 Edition) 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). Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

   (a) Ethanol mixed with gasoline and containing an ethanol content of nominally 75%-85% shall be identified as “E85 Fuel Ethanol.” and “For Flex Fuel Vehicles Only.”

   (b) Methanol mixed with gasoline and containing a methanol content of nominally 80%-85% shall be identified as “M85 Fuel Ethanol.” and “For Flex Fuel Vehicles Only.”

   (9) All biodiesel or biodiesel blends containing diesel fuel kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “Biodiesel Blend (BXX),” where XX represents the volume percent biodiesel in the biodiesel blend,. and All biodiesel or B99 kept, offered, or exposed for sale, or sold, at retail shall be identified as “Biodiesel (BXX),” where XX represents the volume percent biodiesel and shall be labeled with the proper sulfur grade designation “S15 (15 ppm Sulfur Maximum)” or “S500 (500 ppm Sulfur Maxmium). Each dispenser 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).

(a) Every dispenser that dispenses biodiesel, B99, or a biodiesel blend containing diesel fuel dispenser dispensing fuel 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 ENGINE

MANUFACTURER OR OWNER’S MANUAL BEFORE USING THIS PRODUCT.

(b) Every dispenser that dispenses a biodiesel blend containing diesel fuel shall also possess the proper diesel fuel sulfur grade designation conspicuously and firmly attached thereto, as specified in paragraph (6) of this section, to indicate the grade of the biodiesel blend being sold therefrom. The diesel fuel sulfur grade designation shall apply to the blended fuel.

(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 “Bioheat (BHXX),” 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. 

(1110) Any other alternative fuel as defined by this section shall be labeled clearly and unambiguously 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).

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.

   (1) For the purpose of Section 525.07, Florida Statutes, and this rule, the term “short measure” shall mean the overregistering of fuel by a petroleum fuel measuring device.

   (2) If any petroleum fuel measuring device is found to be underregistering fuel in excess of the specifications and tolerances established by the department in Rule 5F-2.014, F.A.C., the inspector shall give the operator or owner of the said device a reasonable time in writing to fix or adjust such device.

   (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 and or 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-2.014 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.

(1) 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 relating to specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, contained in National Institute of Standards and Technology Handbook 44, 20072006 Edition, published by U.S. Department of Commerce are hereby adopted by reference as rules of the Department of Agriculture and Consumer Services. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or at http://ts.nist.gov.

(2) All operating petroleum fuel measuring devices must be sealed with an appropriate security seal in such a manner that the metering adjustment cannot be changed without breaking the seal. An appropriate security seal is one which has been applied by the Department or a person who is registered with the Department as a meter mechanic and bears the name of the company or the name or initials of the registered meter mechanic.

Specific Authority 525.14, 531.40, 531.41(3) FS. Law Implemented 525.07, 531.40 FS. History–New 1-1-74, Amended 7-1-74, Repromulgated 12-31-74, Amended 4-18-75, 1-25-76, 1-17-77, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-2.14, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 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, 6-1-06,_______.

   5F-2.016 Guidelines for Imposing Administrative Penalties.

   (1) Any person who is shown to have willfully and intentionally violated any provision of Chapter 525, Florida Statutes, shall have a maximum administrative fine of $5,000 levied per violation.

   (2) Any person who commits a first violation of Chapter 525, Florida Statutes, within a three-year period that is not shown to have been willful or intentional shall be issued a warning letter.

   (3) Any person who commits a second violation of Chapter 525, Florida Statutes, within a three-year period that is not shown to have been willful or intentional shall have a maximum administrative fine of $1,000 levied per violation.

   (4) Any person who commits three or more violations of Chapter 525, Florida Statutes, within a three-year period that are not shown to have been willful or intentional shall have a maximum administrative fine of $5,000 levied per violation.

   (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

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

Diesel, Biodiesel Blends, Kerosene, Bioheat and Fuel Oils

*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)

Biodiesel Fuel Blend Stock (B100) and B99

   b. Extent of Harm.

   

   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.

   3. Benefit to Violator.

   4. Compliance Record.

   

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