Subject 40-20-1 SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS
Pursuant to the provisions and requirements of O.C.G.A. Section 10-1-155, the following rules and regulations are hereby promulgated and the standards and specifications for petroleum products used for heating, cooking, illuminating, and power purposes are hereby defined. The following specifications, unless noted, will be determined in accordance with the test methods presented in the latest edition of the American Society for Testing and Materials Standards (ASTM). The State Oil Laboratory may utilize test methods other than those referenced when deemed technically or analytically suitable. The Department of Agriculture may write and publish guidelines related to performance standards and specifications of specialty fuels and other petroleum products that are not otherwise addressed by regulation. The latest version of the Annual Book of ASTM Standards Section Five and the latest version of the NIST Handbook 130 were used in part for this rule. There may be additional preemptive state or federal requirements other than those identified.
|(a)|| Spark Ignition Engine Fuel Non
Oxygenated. The specification for spark ignition engine fuel without oxygenates
(gasoline) will be as follows:
|(b)|| Spark Ignition Engine Fuel Oxygenated.
The specification for spark ignition engine fuels with oxygenates (reformulated
gasoline, gasohol.) will be as follows:
|(c)|| Kerosene. The
specifications for No. 1-K kerosene and No. 2-K kerosene will be as follows:
|(d)|| Fuel Oils. The specifications for Fuel
Oils will be as follows:
|(e)|| Diesel Fuel Oils. The specification for
Diesel Fuel Oils will be as follows:
|(f)|| Biodiesel. The specification for
Biodiesel will be as follows:
|(g)|| Product registration, product
identification, shipping papers, delivery tickets, labeling tanks and
dispensers, records retention.
Definitions and requirements. The following are definitions of products
referenced in this rule and requirements not identified in the preceding
|(1)||The term "Brake Fluid" as used or referred to in this Chapter shall mean the liquid medium through which force is transmitted in the hydraulic brake system of any motor vehicle operated in this State.|
|(2)||Minimum Standard. All break fluid must conform to Federal Motor Vehicle Safety Standard No. 116 and must meet or exceed those specifications.|
|(1)|| Ethylene Glycol Type Engine Coolants:
|(2)||Alcohol Type Engine Coolants. Since alcohol type engine coolants are not suitable for use in automotive engines to provide protection against freezing, boiling, and corrosion, this type of antifreeze is illegal for sale.|
Methoxy Propanol Type Engine Coolant.
|(4)|| Propylene glycol type engine collants:
|(5)||Each antifreeze package offered for sale must bear a use statement or protection chart which informs the user the degree of protection offered when used in accordance with the manufacturer's instructions. Containers of five gallons or more may be accompanied by a use statement or a freeze protection chart in lieu of the label on the container. In addition, the type of glycol or other base must be indicated. Propylene glycol base coolant containers will be labeled with an appropriate cautionary statement to alert the user to the differences of density and freeze protection between it and ethylene glycol base coolants.|
|(6)|| Each manufacturer,
distributor, or jobber shall submit a "current" certified test report and
container label(s) for each brand name product when applying for a license
authorizing the sale of such antifreeze.
Antifreeze, composed essentially of reclaimed or reprocessed concentrated
glycol may be licensed, subject to the following conditions:
|(8)|| Premix or
prediluted ethylene glycol engine coolant:
|(9)|| Recycled or reprocessed type engine
Gasoline, kerosene, fuel oil or other related petroleum products and subjects found below the prescribed standards shall be disposed of as directed by the Commissioner of Agriculture. Where such product can be reconditioned or successfully blended with or used as another product, the same may be disposed of upon the order of the Agriculture Commissioner. When any product regulated by Georgia Code cannot be successfully disposed of in the above manner or when the owner refuses to comply with the order of the Agriculture Commissioner, this product is subject to confiscation and destruction.
|(1)||Petroleum products sold in this State and covered in Section 40-20-1-.01 shall have a name and/or brand name and such name shall be registered in compliance with O.C.G.A. 10-1-149. The octane rating or antiknock index of applicable motor fuels, covered by FTC Octane Posting and Certification Rule, will be included in the registration.|
|(2)||The Commissioner of Agriculture will refuse the registration of any product under a name that would be misleading to the purchaser of such a product, regarding nature or quality.|
|(3)||Every pump dispensing motor fuel at retail shall conspicuously display the name and/or brand name being sold therefrom exactly as said name and/or brand name is registered with the Commissioner of Agriculture. Each kerosene pump or fuel oil pump dispensing those products at retail shall display the words "1-K Kerosene" or "2-K Kerosene" or indicate the proper grade of fuel oil depending on the product dispensed. The display of grades also includes all containers utilized in the wholesale or retail of such fuels in compliance with O.C.G.A. 10-1-152.|
Samples submitted in compliance with O.C.G.A. 10-1-153, for petroleum products regulated by this Chapter shall not be less than 16 ounces in size.
|(1)||In testing measuring devices, it is necessary for the Inspector to draw from each pump sufficient product to determine the accuracy of the dispensing device.|
|(2)||For this purpose, official and approved one-gallon, five-gallon, and metric measuring cans are used. In order that the Inspector may dispose of the product in the test measure, it is hereby made an obligation of the owner or operator of the station to provide containers of sufficient quantity into which the Inspector may empty the product from his test measure in the event that ground level storage tank fill pipes are not present.|
|(3)||If the design, construction, or location of any device is such as to require a testing procedure involving special equipment, or accessories or an abnormal amount of labor, such equipment, accessories and labor shall be supplied by the owner or operator of the device as required by the weights and measures official.|
All meters, pumps, lines, and devices which have been used in measuring and pumping gasoline must be thoroughly cleaned before being used in measuring and pumping high flash petroleum products, such as kerosene, heating oil and diesel fuel.
All petroleum products regulated by Chapter 40-20-1, in accordance with O.C.G.A. Section 10-1-155, shall be subject to inspection and analysis. The Department of Agriculture shall have free access to and adequate samples of such products for the purpose of inspection and analysis.
All facilities which engage in the selling of any petroleum products shall register with the Department annually. A registration fee based on $20.00 per measuring device for devices less than 20 gallons per minute and $40.00 per measuring device for devices 20 gallons per minute and over shall be paid to the Department annually. After reasonable notice and opportunity for a hearing before the Commissioner in accordance with the Georgia Administrative Procedure Act any facility registration can be revoked by the Commissioner for violation of any rule or regulation of the State of Georgia.
|(a)||It shall be a violation for water and or water phase to be detected, when measured from the bottom through the fill pipe, supply line or detection system of any tank utilized in the storage of oxygenated fuels, aviation gasoline and aviation fuel sold at retail. A stop sale shall be issued when water or water phase exceeds one fourth (1/4) of an inch. It shall be a violation for water to exceed one inch in depth, when measured from the bottom through the fill pipe, supply line or detection system of any tank utilized in the storage of the other regulated products sold at retail. A stop sale shall be issued when water exceeds two inches. For violations the water must be removed from the tank prior to the delivery and subsequent selling of additional product from such storage tank. For stop sales the removal must be done prior to resumption of sales.|
|(b)||Prior to the sale of oxygenated fuels, the storage tanks must be clean and free of water and sedimentation (particulate material). Subsequently, the system must be monitored and kept free of any accumulation of water, water phase and sedimentation.|
|(c)||Retail dispensing equipment shall use a 10 micron or less fuel filter for all products. It is recommended that water sensitive filters or phase separation filters, compatible with the product being dispensed, be used.|
Rule 40-20-1-.11 Specifications, Tolerances, and Other Technical Requirements for Liquid Measuring Devices
The tolerances for devices used for retail sales of petroleum products regulated shall be as follows:
|(a)||The maintenance tolerance shall be one cubic inch plus one cubic inch per indicated gallon.|
|(b)||The acceptance tolerance shall be ½ of the maintenance tolerances.|
|(c)||Applicable testing and technical requirements shall be in accordance with the latest Edition of the National Bureau of Standards Handbook 44, except when in conflict with existing or modified rules and regulations or when rejected by the same.|
|(d)||Retail devices for motor fuels shall be condemned for repair when the device exceeds a tolerance of plus or minus 14.5 cubic inches (8 fluid ounces). Owners or owner's agent of devices and/or petroleum products dispensed having a tolerance exceeding plus 14.5 cubic inches may request a waiver of condemnation of such device from the Commissioner of Agriculture, or from a duly appointed agent.|
|(e)||It is recommended that each retail dispensing device from which diesel fuel is sold shall be equipped with a nozzle spout having a terminal end with an outside diameter of not less than 23.63 mm (0.930 in).|
The advertising of petroleum products regulated under Section 40-20-1-.01 of this Chapter shall conform to the following:
|(a)||All advertising for the sale of petroleum products must meet the requirements of O.C.G.A. Section 10-1-164.|
|(b)||Petroleum products cannot be sold in a manner which may deceive, or have the effect of deceiving, the purchaser of such products as to nature, price, quality, or quantity of those products.|
|(c)||The advertising of prices on a highway, street or curb sign is not required. However, if prices are advertised and there are different prices available for the same product, then the higher price must be posted. The lower price may also be posted, but the qualifier for both prices must be clearly identified and clearly visible from the street.|
|(d)||If lowest advertised price is not immediately available to all consumers at the time of fuel purchase, a notice of explanation must be posted in a manner which is clearly visible and easily readable to consumers from either side of the dispenser at the point of sale.|
|(e)||Compliance with this regulation shall be attained within 90 days after the date that this rule becomes effective.|
|(f)||Failure to comply with this regulation may result in a civil penalty asprovided by O.C.G.A. Section 10-1-165.|
Rule 40-20-1-.13 Notice of Violations; Illegal Withold from Sale; Condemned for Repair; Definitions; Compliance. Amen
The definitions and compliance requirements of petroleum products regulated under Section 40-20-1-.01 shall be as follows:
|(a)||Notice of Violations. Issued for defects in equipment having minor impact on quality, quantity, nature, price, display of products sold. Corrective action must be performed within time specified. Illegal Withhold from Sale or Condemnation for repair may result when corrections are not made and/or deficiencie still occur. The Department of Agriculture, upon notification of correction, may permit the resale of said petroleum product prior to subsequent inspection, testing, and/or analysis.|
|(b)||Illegal Withhold from Sale. Issued normally for violations of product quality. Corrections must be made prior to resumption of sales. The Department of Agriculture upon notification of correction, may permit the resale of material prior to subsequent inspection, testing, and/or analysis.|
|(c)||Condemned for Repair. lssued for equipment or devices that cannot be used in conjunction with the commercial sale of petroleum product due to failure to meet requirements of Section 40-20-1-.11. The equipment or device must be repaired prior to resale of petroleum product material. The Department of Agriculture upon notification, may permit the device being reintroduced into commercial use prior to the inspection and testing of the device.|
|(d)||Compliance. Failure to comply with the above notifications may result in the condemnation of product or devices and subsequent confiscation or other action as provided by the Georgia Administrative Procedure Act and O.C.G.A. Section 10-1-64.|