MB - Legal Notice
Notice of Intent to Consider the Adoption of Amendments to the Rules relating to Petroleum Products and Biodiesel Labeling.
TO ALL INTERESTED PERSONS AND PARTIES:
Notice is hereby given that the Georgia Department of Agriculture will hold a public hearing on October 22, 2009, at 10 a.m. in Room 201 of the
SYNOPSIS, MAIN FEATURES AND DIFFERENCES:
It is proposed to change Rule 40-20-1-.01 to comply with Senate Bill 30, passed during the 2009 Legislative Session, and implemented to change certain provisions relating to gasoline marketing practices. This bill allows suppliers of automotive gasoline to supply gasoline to distributors that has not been blended with, but is suitable for blending with, fuel alcohol. In addition, Senate Bill 30 allows gasoline distributors to be blenders, provides certain definitions and changes certain provisions relating to marketing agreements.
Basically, SB 30 prohibits terminals from withholding below octane gasoline to local distributors. Thus, local distributors can now get below octane gas and blend this with ethanol to receive a “blender’s credit.” Essentially, our proposed rule change would require sanctioned blending facilities to meet the same requirements as terminals in receiving, blending and transporting below octane gas.
The provision “CBOB (conventional blend stock for oxygenate blending)” shall be added to Rule 40-20-1-.01(b)(2) because both CBOB and RBOB (reformulated blend stock for oxygenate blending) are available at the terminals, therefore the rule should apply to both blend stocks equally. To comply with SB 30, sanctioned facilities as well as terminals, shall be excluded from the requirements of 40-20-1-.02(b)(3).
We are proposing to add a requirement for ‘sanctioned blending facilities’ to be responsible for insuring that such products are in compliance with specifications established by the state oil chemist and approved by the Commissioner of Agriculture.
The Department is proposing to add a provision to require manufacturers of oxygenated gasoline to file with the Commissioner of Agriculture a declaration or statement that they desire to sell such products in the state, and furnish to the Department the name, brand or trademark of the product which they desire to sell, plus the name and address of the manufacturer. The manufacturers will thus be responsible for ensuring their product meets all standards and requirements because these manufacturers will be creating an end product that will be marketed and sold directly to the public.
The Department is further proposing to require sanctioned ethanol blending facilities to submit samples for analysis on a monthly basis. By requiring samples to be submitted for testing we are helping ensure the end product which will be sold and marketed directly to the public.
In addition, rule 40-20-1-.01(f) shall be changed by deleting (f)(3) “blends containing 2% or more Biodiesel shall be identified” and adding a provision to encompass blends containing more than 0.5% volume, the volume % of biodiesel to be included on any invoice, bill of lading, shipping paper or other documentation for the purpose of marketing any such product. Further, a provision will be added for blends containing 5 or more % volume of biodiesel to be included as part of dispenser labeling and shall not require for the street advertising, if advertised, of the products. The dispenser labeling shall meet the requirements established by the Federal Trade Commission, 16 C.F.R. 306, for Automobile Fuel Ratings, Certifications and Posting. This rule change is being implemented to comply with the new federal and ASTM Standards.
Interested persons may call to request a copy of the proposed rules or may submit written request to:
Mr. Rich Lewis,
Director, Fuels & Measures Section
Telephone Number: 404-656-3605
FAX Number: 404-656-9380
Please submit written comments to the above address or fax. Written comments must be received no later than the close of business (4:30 p.m. EDT) on October 21, 2009. You may download a copy of the synopsis and the proposed rules from the Georgia Department of Agriculture website at www.agr.state.ga.us.
This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. §50-13-4.
Print this