209.02.06 Ark. Code R. 006

Current through Register Vol. 49, No. 10, October, 2024

Rule 209.02.06-006 - Amendment to Handbook 130 (2006): Biodiesel - 3.8 Fuel Ethanol

G. Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants

Regulation as adopted by The National Conference on Weights and Measures*

1. Background

In 1984, the National Conference on Weights and Measures (NCWM) adopted a section 2.20. in the Uniform Regulation for the Method of Sale of Commodities requiring that motor fuels containing alcohol be labeled to disclose to the retail purchaser that the fuel contains alcohol. The delegates deemed this action necessary since motor vehicle manufacturers were qualifying their warranties with respect to some gasoline-alcohol blends, motor fuel users were complaining to weights and measures officials about fuel quality and vehicle performance, and American Society for Testing and Materials (ASTM) International had not yet finalized quality standards for oxygenated (which includes alcohol-containing) fuels. While a few officials argued weights and measures officials should not cross the line from quantity assurance programs to programs regulating quality, the delegates were persuaded that the issue needed immediate attention.

A Motor Fuels Task Force was appointed in 1984 to develop mechanisms for achieving uniformity in the evaluation and regulation of motor fuels.

The Task Force developed the Uniform Motor Fuel Inspection Law (see the Uniform Laws section of this Handbook) and the Uniform Motor Fuel Regulation to accompany the Law.

The Uniform Law required registration and certification of motor fuel as meeting ASTM standards. The regulation defined the ASTM standards to be applied to motor fuel.

In 1992 the NCWM established the Petroleum Subcommittee under the Laws and Regulations Committee. The subcommittee recommended major revisions to the Regulation that was adopted at the 80th NCWM in 1995. The scope of the regulation was expanded to include all engine fuels, petroleum products, and automotive lubricants; its title was changed accordingly; and the fuel specifications and method of sale sections were revised to address the additional products. Other changes included expansion of the definitions section and addition of sections on retail storage tanks, condemned product, registration of engine fuels designed for special use, and test methods and reproducibility limits.

2. Status of Promulgation

The Uniform Regulation for Engine Fuels, Petroleum Products, and Automotive Lubricants was adopted by the NCWM in 1995. The status of State actions with respect to this Regulation is shown in the table beginning on page 10.

*The National Conference on Weights and Measures is supported by the National Institute of Standards and Technology in partial implementation of its statutory responsibility for "cooperation with the States in securing uniformity in weights and measures laws and methods of inspection."

Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation

Section 1. Definitions

1.1. ASTM. - American Society for Testing and Materials (ASTM) International means the international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge.

1.2. Antiknock Index (AKI). - means the arithmetic average of the Research Octane Number (RON) and Motor Octane Number (MON): AKI = (RON+MON)/2. This value is called by a variety of names, in addition to antiknock index, including: octane rating, posted octane, (R+M)/2 octane.

1.3. Automatic Transmission Fluid. - means a product intended for use in a passenger vehicle, other than a bus, as either a lubricant, coolant, or liquid medium in any type of fluid automatic transmission that contains a torque converter. For the purposes of this regulation, fluids intended for use in continuously variable transmissions are not considered "Automatic Transmission Fluid."

(Added 2004)

1.4. Automotive Fuel Rating. - means the automotive fuel rating required under the amended Octane Certification and Posting Rule (or as amended, the Fuel Rating Rule), 16 CFR Part 306 . Under this Rule, sellers of liquid automotive fuels, including alternative fuels, must determine, certify, and post an appropriate automotive fuel rating. The automotive fuel rating for gasoline is the antiknock index (octane rating). The automotive fuel rating for alternative liquid fuels consists of the common name of the fuel, along with a disclosure of the amount, expressed as a minimum percentage by volume of the principal component of the fuel. For alternative liquid automotive fuels, a disclosure of other components, expressed as a minimum percentage by volume, may be included, if desired.

1.5. Automotive Gasoline, Automotive Gasoline-Oxygenate Blend. - means a type of fuel suitable for use in spark-ignition automobile engines and also commonly used in marine and non-automotive applications.

1.6. Aviation Gasoline. - means a type of gasoline suitable for use as a fuel in an aviation spark-ignition internal combustion engine.

1.7. Aviation Turbine Fuel. - means a refined middle distillate suitable for use as a fuel in an aviation gas turbine internal combustion engine.

1.8. Base Gasoline. - means all components other than ethanol in a blend of gasoline and ethanol.

1.9. Biodiesel. - means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100.

1.10. Biodiesel Blend. - means a fuel comprised of a blend of biodiesel fuel with petroleum-based diesel fuel, designated BXX. In the abbreviation BXX, the XX represents the volume percentage of biodiesel fuel in the blend.

1.11. Cetane Index. - means an approximation of the cetane number of distillate diesel fuel, which does not contain a cetane improver additive, calculated from the density and distillation measurements.

1.12. Cetane Number. - means a numerical measure of the ignition performance of a diesel fuel obtained by comparing it to reference fuels in a standardized engine test.

1.13. Compressed Natural Gas (CNG). - means natural gas which has been compressed and dispensed into fuel storage containers and is suitable for use as an engine fuel.

1.14. Denatured Fuel Ethanol. - means "ethanol" as defined in § 1.19.

1.15. Diesel Fuel. - means a refined middle distillate suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine.

1.16. Distillate. - means any product obtained by condensing the vapors given off by boiling petroleum or its products.

1.17. EPA. - means the United States Environmental Protection Agency.

1.18. E85 Fuel Ethanol. - means a blend of ethanol and hydrocarbons of which the ethanol portion is nominally 85 to 75 volume percent denatured fuel ethanol.

1.19. Engine Fuel. - means any liquid or gaseous matter used for the generation of power in an internal combustion engine.

1.20. Engine Fuels Designed for Special Use. - means engine fuels designated by the Director as requiring registration. These fuels normally do not have ASTM or other national consensus standards applying to their quality or usability; common special fuels are racing fuels and those intended for agricultural and other off-road applications.

1.21. Ethanol. - also known as "Denatured Fuel Ethanol," means nominally anhydrous ethyl alcohol meeting ASTM D 4806 standards. It is intended to be blended with gasoline for use as a fuel in a spark-ignition internal combustion engine. The denatured fuel ethanol is first made unfit for drinking by the addition of Bureau of Alcohol, Tobacco, and Firearms (BATF) approved substances before blending with gasoline.

1.22. Fuel Oil. - means a refined oil middle distillates, heavy distillates, or residues of refining, or blends of these, suitable for use as a fuel for heating or power generation, the classification of which shall be defined by ASTM D 396.

1.23. Gasoline. - means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in a spark-ignition internal combustion engine.

1.24. Gasoline-Alcohol Blend. - means a fuel consisting primarily of gasoline and a substantial amount (more than 0.35 mass percent of oxygen, or more than 0.15 mass percent of oxygen if methanol is the only oxygenate) of one or more alcohols.

1.25. Gasoline Gallon Equivalent (GGE). - Gasoline gallon equivalent (GGE) means 2.567 kg (5.660 lb) of natural gas.

1.26. Gasoline Liter Equivalent (GLE). - Gasoline liter equivalent (GLE) means 0.678 kg (1.495 lb) of natural gas.

1.27. Gasoline-Oxygenate Blend. - means a fuel consisting primarily of gasoline along with a substantial amount (more than 0.35 mass percent of oxygen, or more than 0.15 mass percent of oxygen if methanol is the only oxygenate) of one or more oxygenates.

1.28. Gear Oil. - means an oil used to lubricate gears, axles, or some manual transmissions. (Added 2004)

1.29. Kerosene. - (or "Kerosine") means a refined middle distillate suitable for use as a fuel for heating or illuminating, the classification of which shall be defined by ASTM D 3699.

1.30. Lead Substitute. - means an EPA-registered gasoline additive suitable, when added in small amounts to fuel, to reduce or prevent exhaust valve recession (or seat wear) in automotive spark-ignition internal combustion engines designed to operate on leaded fuel.

1.31. Lead Substitute Engine Fuel. - means, for labeling purposes, a gasoline or gasoline-oxygenate blend that contains a "lead substitute."

1.32. Leaded. - means, for labeling purposes, any gasoline or gasoline-oxygenate blend which contains more than 0.013 g of lead per liter (0.05 g lead per U.S. gal). NOTE: EPA defines leaded fuel as one which contains more than 0.0013 g of phosphorus per liter (0.005 g per U.S. gal), or any fuel to which lead or phosphorus is intentionally added.

1.33. Liquefied Natural Gas (LNG). - means natural gas that has been liquefied at -126.1 °C (-259 °F) and stored in insulated cryogenic tanks for use as an engine fuel.

1.34. Liquefied Petroleum Gas (LPG). - means a mixture of normally gaseous hydrocarbons, predominantly propane, or butane, or both, that has been liquefied by compression or cooling, or both to facilitate storage, transport, and handling.

1.35. Low Sulfur. - means low sulfur diesel fuel that meets ASTM D 975 (e.g., Grade Low Sulfur No. 1-D or Grade Low Sulfur No. 2-D) standards. Diesel fuel containing higher amounts of sulfur for off-road use is defined by EPA regulations.

1.36. Low Temperature Operability. - means a condition which allows the uninterrupted operation of a diesel engine through the continuous flow of fuel throughout its fuel delivery system at low temperatures. Fuels with adequate low temperature operability characteristics have the ability to avoid wax precipitation and clogging in fuel filters.

(Added 1998)(Amended 1999)

1.37. Lubricity. - a qualitative term describing the ability of a fluid to affect friction between, and wear to, surfaces in relative motion under load.

(Added 2003)

1.38. M100 Fuel Methanol. - means nominally anhydrous methyl alcohol, generally containing small amounts of additives, suitable for use as a fuel in a compression-ignition internal combustion engine.

1.39. M85 Fuel Methanol. - means a blend of methanol and hydrocarbons of which the methanol portion is nominally 70 to 85 volume percent.

1.40. Motor Octane Number. - means a numerical indication of a spark-ignition engine fuel's resistance to knock obtained by comparison with reference fuels in a standardized ASTM D 2700 Motor Method engine test.

1.41. Motor Oil. - means an oil that reduces friction and wear between the moving parts within a reciprocating internal combustion engine and also serves as a coolant. For the purposes of this regulation, "vehicle motor oil" refers to a motor oil which is intended for use in light-to-heavy duty vehicles including cars, sport utility vehicles, vans, trucks, buses, and off-road farming and construction equipment. For the purposes of this regulation, "recreational motor oil" refers to a motor oil which is intended for use in four-stroke cycle engines used in motorcycles, ATVs, and lawn and garden equipment. For the purposes of this regulation, motor oil also means engine oil.

(Added 2004)

1.42. Oil. - means motor oil, engine oil, and/or gear oil. (Added 2004)

1.43. Oxygen Content of Gasoline. - means the percentage of oxygen by mass contained in a gasoline.

1.44. Oxygenate. - means an oxygen-containing, ashless, organic compound, such as an alcohol or ether, which can be used as a fuel or fuel supplement.

1.45. Reformulated Gasoline. - means a volatile mixture of liquid hydrocarbons and oxygenates meeting the reformulated gasoline requirements of the Clean Air Act Amendments of 1990 and suitable for use as a fuel in a spark-ignition internal combustion engine.

1.46. Research Octane Number. - means a numerical indication of a spark-ignition engine fuel's resistance to knock obtained by comparison with reference fuels in a standardized ASTM D 2699 Research Method Engine Test.

1.47. SAE. - means the Society of Automotive Engineers, a technical organization for engineers, scientists, technicians, and others in positions that cooperate closely in the engineering, design, manufacture, use, and maintainability of self-propelled vehicles.

1.48. Substantially Similar. - means the EPA's "Substantially Similar" rule, Section 211 (f) (1) of the Clean Air

Act [ 42 U.S.C. 7545(f) (1)].

1.49. Thermal Stability. - means the ability of a fuel to resist the thermal stress which is experienced by the fuel when exposed to high temperatures in a fuel delivery system. Such stress can lead to formation of insoluble gums or organic particulates. Insolubles (e.g., gums or organic particulates) can clog fuel filters and contribute to injector deposits. (Added 1998)(Amended 1999)

1.50. Total Alcohol. - means the aggregate total in volume percent of all alcohol contained in any fuel defined in this Chapter.

1.51. Total Oxygenate. - means the aggregate total in volume percent of all oxygenates contained in any fuel defined in this Chapter.

1.52. Unleaded. - in conjunction with "engine fuel" or "gasoline" means any gasoline or gasoline-oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.013 g of lead per liter (0.05 g lead per U.S. gal) and not more than 0.0013 g of phosphorus per liter (0.005 g phosphorus per U.S. gal).

1.53. Wholesale Purchaser Consumer. - means any person who is an ultimate gasoline consumer of fuel methanol, fuel ethanol, diesel fuel, biodiesel, fuel oil, kerosene, aviation turbine fuels, natural gas, compressed natural gas, or liquefied petroleum gas and who purchases or obtains the product from a supplier and receives delivery of that product into a storage tank.

(Added 1998)(Amended 1999)

Section 2. Standard Fuel Specifications

2.1. Gasoline and Gasoline-Oxygenate Blends. - (as defined in this regulation) shall meet the following requirements:

2.1.1. The most recent version of ASTM D 4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel," except that volatility standards for unleaded gasoline blended with ethanol shall not be more restrictive than those adopted under the rules, regulations, and Clean Air Act waivers of the U.S. Environmental Protection Agency (which includes rules promulgated by the State). Gasoline blended with ethanol shall be blended under any of the following three options:

2.1.1.1. The base gasoline used in such blends shall meet the requirements of ASTM D 4814, or

2.1.1.2. The blend shall meet the requirements of ASTM D 4814, or

2.1.1.3. The base gasoline used in such blends shall meet all the requirements of ASTM D 4814 except distillation, and the blend shall meet the distillation requirements of the ASTM specification.

2.1.2. Blends of gasoline and ethanol shall not exceed the ASTM D 4814 vapor pressure standard by more than 1.0 psi.

2.1.3. Minimum Antiknock Index (AKI). - The AKI shall not be less than the AKI posted on the product dispenser or as certified on the invoice, bill of lading, shipping paper, or other documentation;

2.1.4. Minimum Motor Octane Number. - The minimum motor octane number shall not be less than 82 for gasoline with an AKI of 87 or greater;

2.1.5. Minimum Lead Content to Be Termed "Leaded." - Gasoline and gasoline-oxygenate blends sold as "leaded" shall contain a minimum of 0.013 g of lead per liter (0.05 gperU.S. gal);

2.1.6. Lead Substitute Gasoline. - Gasoline and gasoline-oxygenate blends sold as "lead substitute" gasoline shall contain a lead substitute which provides protection against exhaust valve seat recession equivalent to at least 0.026 g of lead per liter (0.10 g per U.S. gal).

2.1.6.1. Documentation of Exhaust Valve Seat Protection. - Upon the request of the director, the lead substitute additive manufacturer shall provide documentation to the director that demonstrates that the treatment level recommended by the additive manufacturer provides protection against exhaust valve seat recession equivalent to or better than 0.026 g per liter (0.1 g/gal) lead. The director may review the documentation and approve the lead substitute additive before such additive is blended into gasoline. This documentation shall consist of:

2.1.6.1.1. Test results as published in the Federal Register by the EPA Administrator as required in Section 211 (f)(2) of the Clean Air Act; or

2.1.6.1.2. Until such time as the EPA Administrator develops and publishes a test procedure to determine the additive's effectiveness in reducing valve seat wear, test results and description of the test procedures used in comparing the effectiveness of 0.026 g per liter lead and the recommended treatment level of the lead substitute additive shall be provided.

2.1.7. Blending. - Leaded, lead substitute, and unleaded gasoline-oxygenate blends shall be blended according to the EPA "substantially similar" rule or an EPA waiver for unleaded fuel.

2.2. Diesel Fuel. - shall meet the most recent version of ASTM D 975, "Standard Specification for Diesel Fuel Oils."

2.2.1. Premium Diesel Fuel. - All diesel fuels identified on retail dispensers, bills of lading, invoices, shipping papers, or other documentation with terms such as premium, super, supreme, plus, or premier must conform to the following requirements:

(a)Cetane Number. - A minimum cetane number of 47.0 as determined by ASTM Standard Test Method D613.

(b)Low Temperature Operability. - A cold flow performance measurement which meets the ASTM D 975 tenth percentile minimum ambient air temperature charts and maps by either ASTM Standard Test Method D 2500 (Cloud Point) or ASTM Standard Test Method D 4539 (Low Temperature Flow Test, LTFT). Low temperature operability is only applicable October 1 - March 31 of each year.

(c)Thermal Stability. - A minimum reflectance measurement of 80 % as determined by ASTM Standard Test Method D 6468 (180 min, 150 °C).

(d)Lubricity. - A maximum wear scar diameter of 520 microns as determined by ASTM D 6079. If an enforcement jurisdiction's single test of more than 560 microns is determined, a second test shall be conducted. If the average of the two tests is more than 560 microns, the sample does not conform to the requirements of this part.

(Amended 2003)

2.3. Aviation Turbine Fuels. - shall meet the most recent version of ASTM D 1655, "Standard Specification for Aviation Turbine Fuels."

2.4. Aviation Gasoline. - shall meet the most recent version of ASTM D 910, "Standard Specification for Aviation Gasoline."

2.5. Fuel Oils. - shall meet the most recent version of ASTM D 396, "Standard Specification for Fuel Oils."

2.6. Kerosene (Kerosine). - shall meet the most recent version of ASTM D 3699, "Standard Specification for Kerosine."

2.7. Ethanol. - intended for blending with gasoline shall meet the most recent version of ASTM D 4806, "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel."

2.8. Liquefied Petroleum (LP) Gases. - shall meet ASTM D 1835, "Standard Specification for Liquefied Petroleum (LP) Gases."

Note: Also reference Gas Processors Association 2140, "Liquefied Petroleum Gas Specification and Test Methods."

2.9. Compressed Natural Gas (CNG). - shall meet the most recent version of SAE J 1616, "Recommended Practice for Compressed Natural Gas Vehicle Fuel."

2.10. E85 Fuel Ethanol. - shall meet the most recent version of ASTM D 5798, "Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines."

(Added 1997)

2.11. M85 Fuel Methanol. - shall meet the most recent version of ASTM D 5797, "Standard Specification for Fuel Methanol M70-M85 for Automotive Spark Ignition Engines."

(Added 1997)

2.12. Motor Oil shall not be sold or distributed for use unless the product conforms to the following specifications:

(a) Performance claims listed on the label shall be evaluated against SAE J183, API 1509 Engine Oil Licensing and Certifications System, or other industry standards as applicable;

(b) The product shall meet its labeled viscosity grade specification as specified in the latest published version of SAE J300;

(c) Any engine oil that is represented as "energy conserving" shall meet the requirements established by the latest revision of SAE J1423.

(Added 2004)

2.13. Products for Use in Lubricating Manual Transmissions, Gears, or Axles shall not be sold or distributed for use in lubricating manual transmissions, gears or axles unless the product conforms to the following specifications:

(a) It is labeled with one or more of the service designations found in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE J308, and API Publication 1560, and meets all applicable requirements of those designations;

(b) The product shall meet its labeled viscosity grade classification as specified in the latest published version of SAE J306;

(c) The product shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D 2273.

(Added 2004)

2.14. Products for Use in Lubricating Automatic Transmissions. - Any automatic transmission fluid sold without limitation as to type of transmission for which it is intended shall meet all automotive manufacturers' recommended requirements for transmissions in general use in the state. Automatic transmission fluids that are intended for use only in certain transmissions, as disclosed on the label of its container, shall meet the latest automotive manufacturers' recommended requirements for those transmissions. Adherence to automotive manufacturers' recommended requirements shall be based on tests currently available to the lubricants industry and the state regulatory agency.

Any material offered for sale or sold as an additive to automatic transmission fluids shall be compatible with the automatic transmission fluid to which it is added, and shall meet all performance claims as stated on the label. Any manufacturer of any such product sold in this state shall provide, upon request by a duly authorized representative of the Director, documentation of any claims made on their product label. (Added 2004)

2.15. Biodiesel. - B100 biodiesel intended for blending with diesel fuel shall meet the most recent version of ASTM D 6751, Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

(Added 2004)

2.16. Biodiesel Blends. - Blends of biodiesel and diesel fuels shall meet the following requirements:

(a) The base diesel fuel shall meet the most current requirements of ASTM D 975, Standard Specification for Diesel Fuel Oils;

(b) The biodiesel blend stock shall meet the most current requirements of ASTM D 6751, Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

(Added 2004)

2.16.1. Exception. - Biodiesel may be blended with diesel fuel whose sulfur or aromatic levels are outside specification ASTM D 975, Standard Specification for Diesel Fuel Oils, grades 1-D, low sulfur 1-D, 2-D, or low sulfur 2-D provided the finished mixture meets pertinent national and local specifications and requirements for these properties. (Added 2004)

Section 3. Classification and Method of Sale of Petroleum Products

3.1. General Considerations.

3.1.1. Documentation. - When gasoline, gasoline-oxygenate blends, reformulated gasoline, M85 and M100 fuel methanol, E85 and E100 fuel ethanol, liquefied petroleum (LP) gases, compressed natural gas, liquefied natural gas, biodiesel, diesel fuel, kerosene, aviation gasoline, aviation turbine fuels, or fuel oils are sold, an invoice, bill of lading, shipping paper or other documentation must accompany each delivery other than a retail sale. This document must identify the quantity, the name of the product, the particular grade of the product, the applicable automotive fuel rating, and oxygenate type and content (if applicable), the name and address of the seller and buyer, and the date and time of the sale. Documentation must be retained at the retail establishment for a period not less than 1 year.

3.1.2. Retail Dispenser Labeling. - All retail dispensing devices must identify conspicuously the type of product, the particular grade of the product, and the applicable automotive fuel rating.

3.1.3. Grade Name. - The sale of any product under any grade name that indicates to the purchaser that it is of a certain automotive fuel rating or ASTM grade shall not be permitted unless the automotive fuel rating or grade indicated in the grade name is consistent with the value and meets the requirements of Section 2, Standard Fuel Specifications.

3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends.

3.2.1. Posting of Antiknock Index Required. - All automotive gasoline and automotive gasoline-oxygenate blends shall post the antiknock index in accordance with applicable regulations, 16 CFR Part 306 issued pursuant to the Petroleum Marketing Practices Act, as amended.

3.2.2. When the Term "Leaded" may be Used. - The term "leaded" shall only be used when the fuel meets specification requirements of paragraph 2.1.5.

3.2.3. Use of Lead Substitute must be Disclosed. - Each dispensing device from which gasoline or gasoline-oxygenate blends containing a lead substitute is dispensed shall display the following legend: "Contains Lead Substitute." The lettering of this legend shall not be less than 12 mm (1/2 in) in height and the color of the lettering shall be in definite contrast to the background color to which it is applied.

3.2.4. Nozzle Requirements for Leaded Fuel. - Each dispensing device from which gasoline or gasoline-oxygenate blends that contain lead in amounts sufficient to be considered "leaded" gasoline, or lead substitute engine 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).

3.2.5. Prohibition of Terms. - It is prohibited to use specific terms to describe a grade of gasoline or gasoline-oxygenate blend unless it meets the minimum antiknock index requirement shown in Table 1.

3.2.6. Method of Retail Sale. - Type of Oxygenate must be Disclosed. - All automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. For example, the label may read "contains ethanol" or "with methyl tertiary-butyl ether (MTBE)." The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers" or alternatively post the phrase "contains MTBE or other ethers." In addition, gasoline-methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. This information shall be posted on the upper 50 % of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 mm (!/₂ in) in height, 1.5 mm (1/16 in) stroke (width of type). (Amended 1996)

3.2.7. Documentation for Dispenser Labeling Purposes. - The retailer shall be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentrations sufficient to yield an oxygen content of at least 1.5 mass percent in the fuel. Where mixtures of only ethers are present, the fuel supplier may identify either the predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass percent oxygen) or, alternatively, use the phrase "contains MTBE or other ethers." In addition, any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. This documentation is only for dispenser labeling purposes; it is the responsibility of any potential blender to determine the total oxygen content of the engine fuel before blending. (Amended 1996)

Table 1. Minimum Antiknock Index Requirements
Term	Minimum Antiknock Index
	ASTM D 4814 Altitude Reduction Areas IV and V	All Other ASTM D 4814 Areas
Premium, Super, Supreme, High Test	90	91
Midgrade, Plus	87	89
Regular Leaded	86	88
Regular, Unleaded (alone)	85	87
Economy	--	86

(Table 1. Amended 1997)

3.3.Diesel Fuel.

3.3.1. Labeling of Grade Required. - Diesel Fuel shall be identified by grades No. 1-D, No. 1-D (low sulfur), No. 2-D, No. 2-D (low sulfur), or No. 4-D. Each retail dispenser of diesel fuel shall be labeled according to the grade being dispensed except the words "low sulfur" are not required.

3.3.2. Location of Label. - These labels shall be located on the upper 50 % of the dispenser front panel in a position clear and conspicuous from the driver's position, in a type at least 12 mm (1/2 in) in height, 1.5 mm (1/16 in) stroke (width of type).

3.3.3. Delivery Documentation. - Before or at the time of delivery of premium diesel fuel, the retailer or the wholesale purchaser-consumer shall be provided on an invoice, bill of lading, shipping paper, or other documentation a declaration of all performance properties that qualifies the fuel as premium diesel fuel as required in § 2.2.1. (Added 1998) (Amended 1999)

3.4. Aviation Turbine Fuels.

3.4.1. Labeling of Grade Required. - Aviation turbine fuels shall be identified by Jet A, Jet A-l, or Jet B.

3.4.2. NFPA Labeling Requirements also Apply. - Each dispenser or airport fuel truck dispensing aviation turbine fuels shall be labeled in accordance with the most recent edition of National Fire Protection Association (NFPA 407), "Standard for Aircraft Fuel Servicing." NFPA 407, 1990 Edition: Section 2-3.18 Product Identification Signs. Each aircraft fuel servicing vehicle shall have a sign on each side and the rear to indicate the product. The sign shall have letters at least 75 mm (3 in) high of color sharply contrasting with its background for visibility. It shall show the word "FLAMMABLE" and the name of the product carried, such as "JET A," "JET B," "GASOLINE," or "AVGAS." (NOTE: Refer to the most recent edition NFTA 407.)

3.5. Aviation Gasoline.

3.5.1. Labeling of Grade Required. - Aviation gasoline shall be identified by Grade 80, Grade 100, or Grade 100LL.

3.5.2. NFPA Labeling Requirements also Apply. - Each dispenser or airport fuel truck dispensing aviation gasoline shall be labeled in accordance with the most recent edition of National Fire Protection Association (NFPA) 407, "Standard for Aircraft Fuel Servicing."

NFPA 407, 1990 Edition: Section 2-3.18 Product Identification Signs. Each aircraft fuel servicing vehicle shall have a sign on each side and the rear to indicate the product. The sign shall have letters at least 3 inches (75 mm) high of color sharply contrasting with its background for visibility. It shall show the word "FLAMMABLE" and the name of the product carried, such as "JET A," "JET B," "GASOLINE," or "AVGAS." (NOTE: Refer to the most recent edition NFTA 407.)

3.6. Fuel Oils.

3.6.1. Labeling of Grade Required. - Fuel Oil shall be identified by the grades of No. 1, No. 2, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6.

3.7. Kerosene (Kerosine).

3.7.1. Labeling of Grade Required. - Kerosene shall be identified by the grades No. 1-K or No. 2-K.

3.7.2. Additional Labeling Requirements. - Each retail dispenser of kerosene shall be labeled as 1-K Kerosene or 2-K. In addition, No. 2-K dispensers shall display the following legend:

"Warning - Not Suitable For Use In Unvented Heaters Requiring No. 1-K."

The lettering of this legend shall not be less than 12 mm (1/16 in) in height by 1.5 mm (1/16 in) stroke; block style letters and the color of lettering shall be in definite contrast to the background color to which it is applied.

3.8. FuelEthanol.

3.8.1. How to Identify Fuel Ethanol. - Fuel ethanol above 10 percent mixture shall be identified by the capital letter E followed by the numerical value volume percentage. (Example: E85)

3.8.2. Retail Dispenser Labeling. - Each retail dispenser of fuel mixtures containing no more than 10 percentage denatured ethanol shall be labeled: "This fuel product may contain up to 10 percentage ethanol." Retail dispensers of fuel ethanol of more than 10 percentage shall be labeled with the capital E followed by the numerical value volume percent denatured ethanol and ending with the word "ethanol." (Example: E85 Ethanol)

3.8.3. Additional Labeling Requirements. - Fuel ethanol shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

3.9. Fuel Methanol.

3.9.1. How Fuel Methanol is to be Identified. - Fuel methanol shall be identified by the capital letter M followed by the numerical value volume percentage of methanol. (Example: M85)

3.9.2. Retail Dispenser Labeling. - Each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numerical value volume percent and ending with the word "methanol." (Example: M85 Methanol)

3.9.3. Additional Labeling Requirements. - Fuel methanol shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

3.10. Liquefied Petroleum (LP) Gas.

3.10.1. How LPG is to be Identified. - Liquefied petroleum gases shall be identified by grades Commercial Propane, Commercial Butane, Commercial PB Mixtures or Special-Duty Propane (HD5).

3.10.2. Retail Dispenser Labeling. - Each retail dispenser of liquefied petroleum gases shall be labeled as "Commercial Propane," "Commercial Butane," "Commercial PB Mixtures," or "Special-Duty Propane (HD5)."

3.10.3. Additional Labeling Requirements. - Liquefied petroleum gas shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

3.10.4. NFPA Labeling Requirements also apply. (Refer to the most recent edition of NFPA 58.)

3.11. Compressed Natural Gas.

3.11.1. How Compressed Natural Gas is to be Identified. - For the purposes of this regulation, compressed natural gas shall be identified by the term "Compressed Natural Gas" or "CNG."

3.11.2. Retail Sales of Compressed Natural Gas Sold as a Vehicle Fuel.

3.11.2.1. Method of Retail Sale. - All compressed natural gas kept, offered, or exposed for sale or sold at retail as a vehicle fuel shall be in terms of the gasoline liter equivalent (GLE) or gasoline gallon equivalent (GGE).

3.11.2.2. Retail Dispenser Labeling.

3.11.2.2.1. Identification of Product. - Each retail dispenser of compressed natural gas shall be labeled as "Compressed Natural Gas."

3.11.2.2.2. Conversion Factor. - All retail compressed natural gas dispensers shall be labeled with the conversion factor in terms of kilograms or pounds. The label shall be permanently and conspicuously displayed on the face of the dispenser and shall have either the statement " 1 Gasoline Liter Equivalent (GLE) is equal to 0.678 kg of Natural Gas" or "1 Gasoline Gallon Equivalent (GGE) is equal to 5.660 lb of Natural Gas" consistent with the method of sale used.

3.11.2.2.3. Pressure. - CNG is dispensed into vehicle fuel containers with working pressures of 16 574 kPa, 20 684kPa, or 24 821 kPa. The dispenser shall be labeled 16 574kPa, 20 684 kPa, or 24 821 kPa corresponding to the pressure of the CNG dispensed by each fueling hose.

3.11.2.2.4. NFPA Labeling. - NFPA Labeling requirements also apply. (Refer to NFPA 52.)

3.11.3. Nozzle Requirements for CNG. - CNG fueling nozzles shall comply with ANSI/AGA/CGA NGV 1.

3.12. Liquefied Natural Gas

3.12.1. How Liquefied Natural Gas is to be Identified. - For the purposes of this regulation, liquefied natural gas shall be identified by the term "Liquefied Natural Gas" or "LNG."

3.12.2. Labeling of Retail Dispensers of Liquefied Natural Gas Sold as a Vehicle Fuel.

3.12.2.1. Identification of Product. - Each retail dispenser of liquefied natural gas shall be labeled as "Liquefied Natural Gas."

3.12.2.2. Automotive Fuel Rating. - LNG automotive fuel shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

3.12.2.3. NFPA Labeling. - NFPA Labeling requirements also apply. (Refer to NFPA 57.)

3.13. Oil.

3.13.1. Labeling of Vehicle Motor Oil.

3.13.1.1. Viscosity. - The label on each container of vehicle motor oil shall contain the viscosity grade classification preceded by the letters "SAE" in accordance with the SAE International's latest version of SAE J300.

3.13.1.2. Intended Use. - The label on each container of vehicle motor oil shall contain a statement of its intended use in accordance with the latest version of SAE J300.

3.13.1.3. Engine Service Category. - The label on each container of vehicle motor oil shall contain the engine service category, or categories, met in letters not less than 3.18 mm (1/8 in) in height, as defined by the latest version of SAE J183 or API Publication 1509, Engine Oil Licensing and Certification System.

3.13.1.2.1. Exception for Quantities of One Gallon or Less. - A container of engine vehicle motor oil with a volume of one gallon or less that does not meet an active service category, as defined by the latest version of SAE J183, shall bear a plainly visible cautionary statement in compliance with SAE J183, Appendix A, for obsolete API oil categories.

3.13.2. Labeling of Recreational Motor Oil.

3.13.2.1. Viscosity. - The label on each container of recreational motor oil shall contain the viscosity grade classification preceded by the letters "SAE" in accordance with the SAE International's latest version of SAE J300.

3.13.1.2. Intended Use. - The label on each container of recreational motor oil shall contain a statement of its intended use in accordance with the latest version of SAE J300.

3.13.3. Labeling of Gear Oil.

3.13.2.1. Viscosity. - The label on each container of gear oil shall contain the viscosity grade classification preceded by the letters "SAE" in accordance with the SAE International's latest version of SAE J306 or SAE J300.

3.13.2.1.1. Exception. - Some automotive equipment manufacturers may not specify an SAE viscosity grade requirement for some applications. Gear oils intended to be used only in such applications are not required to contain an SAE viscosity grade on their labels.

3.13.2.2. Service Category. - The label on each container of gear oil shall contain the service category, or categories, met in letters not less than 3.18 mm (1/8 in) in height, as defined by the latest version of SAE J308.

(Added 2004)

3.14. Automatic Transmission Fluid.

3.14.1. Labeling. - The label on a container of automatic transmission fluid shall not contain any information that is false or misleading. In addition, each container of automatic transmission fluid shall be labeled with the following:

(a) The brand name;

(b) The name and place of business of the manufacturer, packer, seller, or distributor;

(c) The words "Automatic Transmission Fluid;"

(d) The duty type of classification;

(e) An accurate statement of the quantity of the contents in terms of liquid measure.

3.14.2. Documentation of Claims Made Upon Product Label. - Any manufacturer or packer of any product subject to this article and sold in this state shall provide, upon request of duly authorized representatives of the Director, documentation of any claim made upon their product label.

(Added 2004)

3.15. Biodiesel.

3.15.1. Identification of Product. - Biodiesel and biodiesel blends shall be identified by the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel. (Examples: BIO; B20; B100)

3.15.2. Labeling of Retail Dispensers Containing Between 5 % and 20 % Biodiesel. - Each retail dispenser of biodiesel blend containing more than 5 % and up to and including 20 % biodiesel shall be labeled with either:

3.15.2.1. The capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with "biodiesel blend." (Examples: BIO biodiesel blend; B20 biodiesel blend), or;

3.15.2.2. Blends between 5 % and 20% biodiesel may be labeled "this product may contain up to 20% biodiesel."

3.15.3. Labeling of Retail Dispensers Containing More Than 20 % Biodiesel. - Each retail dispenser of biodiesel or biodiesel blend containing more than 20 % biodiesel shall be labeled with the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with either "biodiesel" or "biodiesel blend." (Examples: B100 biodiesel; B60 biodiesel blend)

3.15.4. Documentation for Dispenser Labeling Purposes. - The retailer shall be provided, at the time of delivery of the fuel, with a declaration of the volume percent biodiesel on an invoice, bill of lading, shipping paper, or other document. This documentation is for dispenser labeling purposes only; it is the responsibility of any potential blender to determine the amount of biodiesel in the diesel fuel prior to blending.

3.15.5. Exemption. - Biodiesel blends containing 5 % or less biodiesel by volume are exempted from the requirements of Section 3.15. (Added 2005)

Section 4. Retail Storage Tanks

4.1. Water in Gasoline-Alcohol Blends, Aviation Gas, and Aviation Turbine Fuel. - No water phase greater than 6 mm (1/4 in) as determined by an appropriate detection paste, is allowed to accumulate in any tank utilized in the storage of gasoline-alcohol blend, aviation gasoline, and aviation turbine fuel.

4.2. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels. - Water shall not exceed 50 mm (2 in) in depth when measured with water indicating paste in any tank utilized in the storage of biodiesel, diesel, gasoline, gasoline-ether blends, and kerosene sold at retail except as required in § 4.1.

4.3. Product Storage Identification.

4.3.1. Fill Connection Labeling. - The fill connection for any petroleum product storage tank or vessel supplying engine-fuel devices shall be permanently, plainly, and visibly marked as to the product contained.

4.3.2. Declaration of Meaning of Color Code. - When the fill connection device is marked by means of a color code, the color code shall be conspicuously displayed at the place of business.

4.4. Volume of Product Information. - Each retail location shall maintain on file a calibration chart or other means of determining the volume of each regulated product in each storage tank and the total capacity of such storage tank(s). This information shall be supplied immediately to the Director.

Section 5. Condemned Product

5.1. Stop-Sale Order at Retail. - A stop-sale order may be issued to retail establishment dealers for fuels failing to meet specifications or when a condition exists that causes product degradation. A release from a stop-sale order will be awarded only after final disposition has been agreed upon by the Director. Confirmation of disposition shall be submitted in writing on form(s) provided by the Director and contain an explanation for the fuel's failure to meet specifications. Upon discovery of fuels failing to meet specifications, meter readings and physical inventory shall be taken and reported in confirmation for disposition. Specific variations or exemptions may be made for fuels designed for special equipment or services and for which it can be demonstrated that the distribution will be restricted to those uses.

5.2. Stop-Sale Order at Terminal or Bulk Plant Facility. - A stop-sale order may be issued when products maintained at terminals or bulk plant facilities fail to meet specifications or when a condition exists that may cause product degradation. The terminal or bulk storage plant shall immediately notify all customers that received those product(s) and make any arrangements necessary to replace or adjust to specifications those product(s). A release from a stop-sale order will be awarded only after final disposition has been agreed upon by the Director. Confirmation of disposition of products shall be made available in writing to the Director. Specific variations or exemptions may be made for fuels used for blending purposes or designed for special equipment or services and for which it can be demonstrated that the distribution will be restricted to those uses.

Section 6. Product Registration

6.1. Engine Fuels Designed for Special Use. - All engine fuels designed for special use that do not meet ASTM specifications or standards addressed in Section 2 shall be registered with the Director on forms prescribed by the Director 30 days prior to when the registrant wishes to engage in sales. The registration form shall include all of the following information:

6.1.1. Identity. - Business name and address(es).

6.1.2.Address. - Mailing address if different than business address.

6.1.3.Business Type. - Type of ownership of the distributor or retail dealer, such as an individual, partnership, association, trust, corporation, or any other legal entity or combination thereof.

6.1.4.Signature. - An authorized signature, title, and date for each registration.

6.1.5. Product Description. - Product brand name and product description.

6.1.6. Product Specification. - A product specification sheet shall be attached.

6.2. Renewal. - Registration is subject to annual renewal.

6.3. Re-registration. - Re-registration is required 30 days prior to any changes in Section 6.1.

6.4. Authority to Deny Registration. - The Director may decline to register any product that actually or by implication would deceive or tend to deceive a purchaser as to the identity or the quality of the engine fuel.

6.5. Transferability. - The registration is not transferable.

Section 7. Test Methods and Reproducibility Limits

7.1. ASTM Standard Test Methods. - ASTM Standard Test Methods referenced for use within the applicable Standard Specification shall be used to determine the specification values for enforcement purposes.

7.1.1. Premium Diesel. - The following test methods shall be used to determine compliance with the premium diesel parameters:

(a) Cetane Number - ASTM D 613;

(b) Low Temperature Operability - ASTM D 4539 or ASTM D 2500 (according to marketing claim);

(c) Thermal Stability - ASTM D 6468 (180 min, 150 °C);

(d) Lubricity - ASTM D 6079. (Amended 2003)

7.2. Reproducibility Limits.

7.2.1.AKI Limits. - When determining the antiknock index (AKI) acceptance or rejection of a gasoline sample, the AKI reproducibility limits as outlined in ASTM D 4814 Appendix XI shall be acknowledged for enforcement purposes.

7.2.2. Reproducibility. - The reproducibility limits of the ASTM standard test method used for each test performed shall be acknowledged for enforcement purposes, except as indicated in § 7.2.1.

7.2.3. Dispute Resolution. - In the event of a dispute over a reported test value, the guidelines presented in the most recent version of ASTM D 3244, "Standard Practice for Utilization of Test Data to Determine Conformance with Specifications," shall be used to determine the acceptance or rejection of the sample.

209.02.06 Ark. Code R. 006

12/21/2006