TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

Amends 410 IAC 12.1-2-2, 410 IAC 12.1-2-3, 410 IAC 12.1-2-4, 410 IAC 12.1-2-5, 410 IAC 12.1-2-6 and adds 410 IAC 12.1-2-2.3 and 410 IAC 12.1-2-2.5 to update the rule to include the latest version of the ASTM International (ASTM) and National Institute of Standards and Technology (NIST) standards that apply to motor fuel, octane and ethanol fuel blends and to update references to sections of the Indiana Code that were repealed. Effective 30 days after filing with the Publisher.

IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses

SECTION 1. 410 IAC 12.1-2-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-44-3

Sec. 2. (a) Motor fuel shall conform to ASTM D4814, D4814-13a, "Standard Specification for Automotive Spark-Ignition Engine Fuel", 1991 2013 Edition.

(b) The research octane number shall be determined using the test method and tolerance identified in ASTM D2699, D2699-13a, "Standard Test Method for Knock Characteristics of Motor Fuels by the Research Method", 1991 Research Octane Number of Spark-Ignition Engine Fuel", 2013 Edition.

(c) The motor octane number shall be determined using the test method and tolerance identified in ASTM D2700, D2700-13a, "Standard Test Method for Knock Characteristics of Motor and Aviation Fuels by the Motor Method", 1991 Motor Octane Number of Spark-Ignition Engine Fuel", 2013 Edition.

(d) The octane index of a motor fuel shall not be less than the octane index certified on the motor fuel dispenser.

SECTION 2. 410 IAC 12.1-2-2.3 IS ADDED TO READ AS FOLLOWS:

Affected: IC 16-44-3

Sec. 2.3. Ethanol fuel blends must meet ASTM D5798-13a, "Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines", 2013 Edition.

SECTION 3. 410 IAC 12.1-2-2.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 16-44-3

Sec. 2.5. Each retail motor fuel outlet location must meet NIST Handbook 130: Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, IV. G. 4.1 and 4.2, 2014 Edition.

SECTION 4. 410 IAC 12.1-2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-44-3

Sec. 3. (a) When motor fuel is delivered in bulk to a retail motor fuel outlet, an invoice, bill of lading, shipping paper, or other documentation must accompany the delivery. Such documentation must identify the name of the motor fuel as registered with the department, the alcohol content (if any) of the motor fuel, and the date and source location of the delivery from bulk storage. This documentation must be retained at the retail motor fuel outlet for a period of not less than thirty (30) days.

(b) The minimum octane rating of all motor fuel sold to consumers shall be posted on each retail dispensing device. One (1) label on each face of each motor fuel dispenser must be posted. If two (2) or more grades of motor fuel are sold through a single dispenser, separate labels for each grade must be posted. The label or labels must be placed conspicuously on the dispenser so as to be in full view of consumers and as close as is reasonably practicable to the price per gallon of the motor fuel. The label must meet the specifications as detailed in 16 CFR 306.11. 16 CFR 306.12.

(c) Each retail motor fuel outlet location must maintain on file a current calibration chart for each storage tank utilized.

(d) Any person who removes a motor fuel from storage because of a stop-sale order issued by the department must send to the department documentation outlining the final disposition of the motor fuel.

(e) Before upgrading a motor fuel rejected by a stop-sale order of the department, a person must first contact the weights and measures program of the department to:

SECTION 5. 410 IAC 12.1-2-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-44-3-9

Sec. 4. (a) A person who sells a motor fuel at a retail motor fuel outlet shall do the following:

(b) The registration required must include the following:

(c) Registration is not transferable.

(d) Registration expires annually on January 1 and shall be renewed before March 31 of each year unless suspended, denied, or revoked by the department.

SECTION 6. 410 IAC 12.1-2-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-44-3

Sec. 5. The department may issue a stop-sale order or revoke, suspend, or deny motor fuel registration for violation of this rule or for a motor fuel found not to be in compliance with IC 16-6-13 IC 16-44-3 and this rule. If a stop-sale order is issued by the department with respect to a motor fuel, no motor fuel may be sold to the public from the motor fuel dispenser which delivers the motor fuel subject to the order until the fuel has been upgraded in accordance with section 3(e) of this rule or has been disposed of in accordance with section 3(d) of this rule.

SECTION 7. 410 IAC 12.1-2-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-44-3

Sec. 6. (a) The following ASTM standards are incorporated by reference as part of this rule:

(b) 16 CFR 306.11 16 CFR 306.12 (January 1, 1991 2013 Edition) is hereby incorporated by reference as part of this rule. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Copies of the incorporated document may be obtained at the code of federal regulations web site: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR & searchPath=Title+16 & oldPath= & isCollapsed=true & selectedYearFrom=2013 & ycord=332.

(c) All incorporated material is available for public review at the Indiana state department. of health.

Notice of Public Hearing

DIN: 20140226-IR-410130483PRA

Composed: Apr 25,2024 4:03:40PM EDT

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