5219975 Consumer and Regulatory Affairs, Department of - Notice of Proposed Rulemaking - Title 16, Chapter 17 (Octane Fuel Measurements)

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority under Section 18a(a) of An Act to establish standard weights and measures for the District of Columbia, to define the duties of the Superintendent of Weights, Measures, and Markets of the District of Columbia, and for other purposes, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 37-201.18a(a) (2014 Supp.)), and Reorganization Plan No. 1 of 1983, effective March 31, 1983, hereby gives notice of the intent to adopt, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, a new Chapter 17 (Octane Fuel Measurements), and amend Chapter 33 (Department of Consumer and Regulatory Affairs (DCRA) Infractions), of Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations (DCMR).

 

This proposed rulemaking would establish criteria and protocols for octane testing in motor fuels.  Minimum readings, along with margin-of-error tolerance levels are set.  The processes and equipment used for the collection and measurement of octane in motor fuels are set forth as well.

 

A new Chapter 17 (OCTANE FUEL MEASUREMENTS) is added to Title 16 (CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS) of the DCMR to read as follows:

 

CHAPTER 17           OCTANE FUEL MEASUREMENTS

 

1700                ANNUAL INSPECTION OF OCTANE LEVELS

 

1700.1             DCRA shall inspect and test, at least every six (6) months, every location where automotive fuel is offered for sale or use in the District of Columbia.

 

1700.2             Octane readings where automotive fuel is offered for sale or used shall meet the following minimum standards:

 

(a)        Octane rating 87 shall measure at 86.5 or higher;

 

(b)        Octane rating 89 shall measure at 88.5 or higher;

 

(c)        Octane rating 93 shall measure at 92.5 or higher;

 

(d)       Octane rating 94 shall measure at 93.5 or higher.

 

1700.3             The DCRA Inspector shall have the following equipment to obtain a fuel sample:

 

(a)        Neoprene gloves;

 

(b)        A facial mask;

 

(c)        A liter-size cylindrical aluminum container with a self-locking cap;

 

(d)       A ZX-101XL Portable Octane Analyzers or equivalent device approved by the National Institute of Weights and Measures;

 

(e)        A ZX-101XL portable octane analyzer sample holder jar or equivalent device approved by the National Institute of Weights and Measures; and

 

(f)        Safety cones;

 

(g)        Metal gas container; and

 

(h)        Metal funnel.

 

1701                FUEL SAMPLE TEST

 

1701.1             DCRA shall obtain the condensation level and existing quantity of automotive fuel from the Veeder-Root or equivalent prior to testing.

 

1701.2             The following process shall be followed for each octane rating tested:

 

(a)                Confirm that the DCRA Weight and Measure Certificate is conspicuously  posted;

 

(b)               Place safety cones around the gas pump to block off work area;

 

(c)                Fill the liter-size aluminum cylindrical container with the desired octane;

 

(d)               Write the octane grade on the liter-size aluminum cylindrical container;

 

(e)                Transfer the octane to the portable octane analyzer sample-holder jar;

 

(f)                Tare the portable octane analyzer;

 

(g)               Place the portable octane analyzer sample-holder jar in the ZX-101XL Portable Octane Analyzers for measurement;

 

(h)               Measure the octane sample and retain the results from the Portable Octane Analyzer; and

 

(i)                 Return extracted gasoline that will not be used for testing to the proper underground tank.

 

1701.3             In cases where the octane rating measures within the permitted tolerance, the DCRA Inspector shall continue to inspect the remaining octane ratings at the fueling station.

 

1701.4             In cases where a blended service station dispenser has a single nozzle, the DCRA Inspector shall extract one (1) gallon of gas of the octane to be tested and stored in the metal gas container before filling the liter-size aluminum cylindrical container for testing. This shall be repeated for each octane grade.

 

1702                SECOND FUEL-SAMPLE TEST

 

1702.1             A DCRA Inspector who samples an octane rating that measures below the 0.5 tolerance set forth in § 1700.2 shall:

 

(a)                Take a sample from the underground storage tank of whichever octane rating is below the 0.5 tolerance;

 

(b)               Fill the liter-size aluminum cylindrical container with the desired octane rating;

 

(c)                Transfer the octane to the portable octane analyzer sample holder jar;

 

(d)               Place the portable octane analyzer sample holder jar in the ZX-101XL Portable Octane Analyzers for measurement;

 

(e)                Measure and confirm that the octane rating measures are below the 0.5 tolerance;

 

(f)                Retain the results from the Portable Octane Analyzer; and

 

(g)               Send the sample from the underground storage tank to the Motor Fuel Testing Lab of the Comptroller of Maryland or equivalent.

 

1703                                ANALYSIS OF FUEL SAMPLE BY A THIRD PARTY

 

1703.1             The sample from the underground storage tank that measures below the 0.5 tolerance shall be sent to the Motor Fuel Testing Labof the Comptroller of Maryland in Maryland or equivalent within twenty-four (24) hours of collection.

 

1703.2                          Following confirmation from the Motor Fuel Testing Lab or equivalent that the octane rating sample from the underground storage tank measures below the 0.5 tolerance, the DCRA Inspector shall return to the location where the sample was retrieved within twenty-four (24) hours or the next business day and repeat §1701 to re-confirm that the octane rating measures below the 0.5 tolerance.

 

1703.2                          The service station dispenser nozzle where the fuel was retrieved shall be condemned upon re-confirmation that the octane rating measures below the 0.5 tolerance.

 

 

1704                CONDEMNATION OF A DISPENSING SYSTEM, STORAGE TANK, OR OTHER DISPENSING DEVICE

 

1704.1             DCRA shall:

 

(a)                Affix a condemned tag and/or boot and place a wire seal over the service station dispenser nozzle that has dispensed fuelwith an octane rating that fails the re-confirmation reading in § 1703.2; and

 

(b)               The condemnation tag and/or boot shall state that it is unlawful to remove, break, mutilate, or destroy any notice, seal, or order issued by DCRA.

 

1704.2             In cases where an octane rating at a blendedservice station dispenseris condemned, the entire service station dispenser is condemned and no automotive fuel shall be dispensed from that service station dispenser.

 

1704.3             The condemnation tag and/or boot shall not be removed until DCRA has re-inspected the service station dispenser and determined it to be in compliance.

 

1705                RECORD KEEPING

 

1705.1             For each condemnation issued, DCRA shall maintain a record consisting of:

 

(a)                Description of the device DCRA used to retrieve the gas sample from the service station dispenser;

 

(b)               Results from the device showing a violation of § 1700.2;

 

(c)                Name and address of the owner; and

 

(d)               Date of inspection(s).

 

1705.2             DCRA shall retain the record for three (3) years from the date of inspection.

 

1706                FUEL COLOR CODE CHARTS

 

1706.1             Each automotive fueling station shall have a color-coded chart that clearly identifies which color represents each octane rating.The colors used shall comply with the current version of American Petroleum Institute (API) Recommended Practice 1637, “Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals.”

 

1706.2             The color-coded chart shall be conspicuously posted in or upon the premises so that it may be readily seen by the DCRA inspector, DCRA investigator, or person(s) delivering fuel without requiring the person(s) to enter the premises.

1706.3             The fill pipe and/or access cover for each underground fuel-storage tank shall be painted to match the color-coded chart.

 

1707                FUEL LABELING

 

1707.1             Fuel label layout shall be 3 inches (7.62 cm) wide × 2 1/2 inches (6.35 cm) long. “Franklin Gothic” or equivalent type is used for the octane rating number on octane labels. All type is centered. All text and numerals are centered within the interior borders.

 

1707.2             Fuel label type size and setting shall be Helvetica or equivalent type with the exception of the octane rating number. Helvetica is available in a variety of phototype setting systems, by linotype, and in a variety of computer desk-top and phototype setting systems. Its name may vary, but the type must conform in style and thickness to the sample provided here. The line “Minimum Octane Rating” is set in 12-point Helvetica Bold, all capitals, with letterspace set at 12 1/2 point. The line “(R M)/2 METHOD” is set in 10-point Helvetica Bold, all capitals, with letterspace set at 10 1/2 points. The octane number is set in 96-point Franklin Gothic Condensed with 1/8 inch (.32 cm) space between the numbers.

 

1707.3             The basic color on all octane labels is process yellow. All type is process black. All borders are process black. All colors must be non-fade.

 

1707.4             This section adopts and incorporates by reference 16 C.F.R. Part 306.12 “Automotive Fuel Ratings, Certification and Posting-Labels” and subsequent changes.

 

1799                DEFINITIONS        

 

Blended Service Station Dispenser - a pump that has a single nozzle that dispenses more than one octane rating.

 

Motor Fuel Testing Lab - a lab that analyzes incoming petroleum products for their quality and to ensure that samples of various grades of motor fuels sold in the state comply with state and federal EPA guidelines.

 

Service Station Dispenser - a pump that draws gasoline from underground storage tanks.

 

Tolerance - a value fixing the limit of allowable error or departure from true performance or value.

 

 

All persons desiring to comment on these proposed regulations should submit written comments in to Matt Orlins, Legislative Affairs Officer, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, S.W., Room 5164, Washington, D.C. 20024, or by e-mail to [e-mail], not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rules requested. Free copies are available on the DCRA website at http://dcra.dc.gov by going to the “About DCRA”tab, clicking “News Room”, and clicking on “Rulemaking”.