5916532 Consumer and Regulatory Affairs, Department of - Notice of Final Rulemaking - Establishing new Octane Fuel Regulations
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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
NOTICE OF FINAL 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, approved March 3, 1921 (41 Stat. 1223), as amended by the Gasoline and Fuel Pump Octane Measurement Amendment Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 37-201.18a(a) (2015 Supp.)), and Reorganization Plan No. 1 of 1983, effective March 31, 1983, hereby gives notice of the adoption of a new Chapter 17 (Octane Fuel Measurements) to Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations (DCMR).
The rulemaking establishes standards for inspections of fuel stations and collection and measurement of motor fuel for purposes of determining octane levels.
Notices of Proposed Rulemaking were published on December 19, 2014 at 61 DCR 12787, and then on December 11, 2015 at 62 DCR 15854. No comments were received, and no changes have been made from the last proposed rulemaking.
The rules were adopted as final on January 19, 2016 and will become effective upon publication of this notice in the D.C. Register.
A new Chapter 17, OCTANE FUEL MEASUREMENTS, is added to Title 16 DCMR, CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS, to read as follows:
CHAPTER 17 OCTANE FUEL MEASUREMENTS
1700.1 Octane levels where automotive fuel is offered for sale or use shall meet the following minimum standards:
(a) Automotive fuel advertised at an octane rating of 87 shall measure at an octane level of 86.5 or higher;
(b) Automotive fuel advertised at an octane rating of 89 shall measure at an octane level of 88.5 or higher;
(c) Automotive fuel advertised at an octane rating of 93 shall measure at an octane level of 92.5 or higher;
(d) Automotive fuel advertised at an octane rating of 94 shall measure at an octane level of 93.5 or higher.
1701 SEMI-ANNUAL INSPECTION OF OCTANE LEVELS
1701.1 DCRA shall inspect and test, at least once every six (6) months, the octane level of gasoline at every location where automotive fuel is offered for sale or use in the District of Columbia.
1701.2 DCRA shall test each octane level of gasoline at the location.
1702 FUEL SAMPLE TEST
1702.1 The DCRA inspector performing an octane level test 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 portable octane analyzer;
(e) A portable octane analyzer sample holder jar or equivalent device;
(f) Safety cones;
(g) A metal gasoline container; and
(h) A metal funnel.
1702.2 The DCRA inspector shall take the following steps for each octane rating test:
(a) Confirm that the DCRA Weights and Measure Certificate is conspicuously posted;
(b) Obtain the condensation level and existing quantity of gasoline from the Veeder-Root tank gauge or equivalent measurement device prior to testing;
(c) Place safety cones around the gasoline dispenser to block off the work area;
(d) Write the advertised octane rating of the gasoline, found on the gasoline dispenser, on the liter-size cylindrical aluminum container;
(e) Fill the liter-size cylindrical aluminum container with gasoline from the gasoline dispenser to be tested;
(f) Transfer the gasoline to the portable octane analyzer sample-holder jar;
(g) Tare the portable octane analyzer or equivalent device;
(h) Place the portable octane analyzer sample-holder jar in the portable octane analyzer or equivalent device for measurement;
(i) Measure the octane level of the gasoline sample and retain the results from the portable octane analyzer or equivalent device; and
(j) Return the extracted gasoline that was not used for testing to the proper underground tank.
1702.3 In cases where there is a blended service station dispenser, the DCRA inspector shall extract one (1) gallon of the gasoline of the octane rating to be tested and shall store that gallon in the metal gas container before filling the liter-size cylindrical aluminum container for testing. This process shall be repeated for each octane grade.
1702.4 The DCRA inspector shall return the gasoline to the underground tank after testing.
1703 SECOND FUEL-SAMPLE TEST
1703.1 If the octane rating measures within the 0.5 tolerance set forth in § 1700.1, the gasoline shall be deemed to have passed the octane rating test and the DCRA inspector shall continue to inspect the remaining octane ratings at the fueling station.
1703.2 If the measured octane rating of a tested gasoline is below the 0.5 tolerance set forth in § 1700.1, the DCRA inspector shall perform a second fuel-sample test by taking the following steps:
(a) Take a sample of the gasoline from the underground storage tank;
(b) Fill the liter-size cylindrical aluminum container with the desired gasoline to be tested;
(c) Transfer the gasoline to be tested to the portable octane analyzer sample holder jar;
(d) Place the portable octane analyzer sample holder jar in the portable octane analyzer or equivalent device for measurement;
(e) Measure the octane level of the gasoline sample using the portable octane analyzer or equivalent device;
(f) Determine whether the octane level is below the 0.5 tolerance set forth in § 1700.1;
(g) Retain the results from the portable octane analyzer; and
(h) Send the sample from the underground storage tank to the Motor Fuel Testing Lab of the Comptroller of Maryland or another testing lab authorized by the Director, as described in § 1704, if the octane level is below the 0.5 tolerance set forth in § 1700.1.
1704 ANALYSIS OF FUEL SAMPLE BY A THIRD PARTY
1704.1 Only the second sample from the underground storage tank that measures below the 0.5 tolerance shall be sent to the Motor Fuel Testing Lab of the Comptroller of Maryland or another testing lab authorized by the Director within twenty-four (24) hours of collection.
1704.2 If the Motor Fuel Testing Lab of the Comptroller of Maryland or other testing lab authorized by the Director confirms that gasoline sample from the underground storage tank measures below the 0.5 tolerance of the automotive fuel advertised, 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 the procedure set forth in § 1702 to re-determine whether the gasoline measures below the 0.5 tolerance set forth in § 1700.1.
1704.3 If the test performed pursuant to § 1702 re-confirms that the gasoline measures below the 0.5 tolerance of the automotive fuel advertised, the DCRA inspector shall condemn the service station dispenser nozzle where the fuel was retrieved.
1705 CONDEMNATION OF A DISPENSING SYSTEM, STORAGE TANK, OR OTHER DISPENSING DEVICE
1705.1 To condemn a service station dispenser nozzle as required by § 1704.3, the DCRA inspector shall affix a condemnation tag and/or boot to the service station dispenser and place a wire seal over the service station dispenser nozzle. 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.
1705.2 If the gasoline which failed the octane rating test is dispensed from a blended service station dispenser, the entire blended service station dispenser shall be condemned and no gasoline shall be dispensed from that blended service station dispenser.
1705.3 The condemnation tag and/or boot shall not be removed by a DCRA inspector until the DCRA inspector has re-inspected the service station dispenser and determined it to be in compliance.
1705.4 No person other than a DCRA inspector shall remove, break, mutilate, or destroy the condemnation tag and/or boot.
1706 RECORD KEEPING
1706.1 For each condemnation, DCRA shall maintain a record consisting of:
(a) A description of the device the DCRA inspector used to retrieve the gasoline sample from the service station dispenser;
(b) The fuel sample test from § 1702, second fuel-sample test from § 1703, Comptroller test from § 1704 and re-test results from § 1704.2;
(c) The name and address of the owner; and
(d) The date of inspection(s).
1706.2 DCRA shall retain the record for three (3) years after the date of condemnation.
1707 FUEL COLOR CODE CHARTS
1707.1 Each gasoline station shall have a color-coded chart that clearly identifies which color represents each octane rating. The colors used shall comply with the then-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.”
1707.2 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 (i.e. posted so that the chart can be viewed from the exterior of the kiosk or store).
1707.3 The fill pipe and/or access cover for each underground fuel-storage tank shall be painted to match the appropriate octane rating color from the color-coded chart.
1708 FUEL LABELING
1708.1 Gasoline labels shall comply with 16 C.F.R. § 306.12, “Automotive Fuel Ratings, Certification and Posting-Labels.”
1799 DEFINITIONS
Blended service station dispenser- a pump that has a single nozzle that dispenses more than one (1) 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 comply with state and/or federal Environmental Protection Agency guidelines.
Portable Octane Analyzer- a portable octane analyzer, for use with gasoline, that measures the octane number via near-infrared transmission spectroscopy. It consists of three primary components: the analyzer, a sample container and a light shield. (i.e., ZX-101XL Octane analyzer or similar device.)
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.
Chapter 33, DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS (DCRA) INFRACTIONS, is amended as follows:
Section 3303, DCRA OFFICE OF INVESTIGATION- WEIGHTS AND MEASURES INFRACTIONS, Subsection 3303.1, is amended to read as follows:
3303.1 Violation of any of the following provisions shall be a Class 1 infraction:
(a) Chapter 118, Section 32a 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 December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 37-201.33) (operating a weighing or measuring device without payment of the registration and inspection fee);
(b) Chapter 118, Section 3, 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, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.03(a)) (use of any weighing device that has not been inspected and approved);
(c) Chapter 118, Section 4, 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, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.04) (use of any weighing device that has been altered without inspection and approval or after altering any tag or label attached thereto without the permission of the Director);
(d) Chapter 118, Section 5, 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, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.05) (obstruction of inspection);
(e) Chapter 118, Section 20 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, approved March 3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.20) (use of a pump or similar device which does not measure correctly);
(f) Chapter 118, Section 22, 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, approved March 3, 1921 (41 Stat. 1224; D.C. Official Code § 37-201.22) (refusing inspection);
(g) Chapter 118, Section 18a 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, approved March 3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.18a-1) (sale of nonconforming automotive fuel or use of nonconforming service dispensing system, storage tank or other dispensing device).
