Report of the Laws and Regulations Committee

Joe Benavides, Chairman

Texas Weights and Measures

Reference

Key Number

**200 INTRODUCTION**

This is the report of the Laws and Regulations (L&R) Committee
(hereinafter referred to as "Committee") for the 91^st^ Annual Meeting
of the National Conference on Weights and Measures (NCWM). It is based
on the Interim Report offered in the NCWM Publication 16, "Committee
Reports," testimony at public hearings, comments received from the
regional weights and measures associations and other parties, the
addendum sheets issued at the Annual Meeting, and actions taken by the
membership at the voting session of the Annual Meeting. The
informational items presented below were adopted as presented when this
report was approved.

Table A identifies the agenda items in the Report by Reference Key
Number, title, and page number. The first three digits of the Reference
Key Numbers of the items are assigned from the subject series listed
below. Voting items are indicated with a "**V**" after the item number.
Items marked with an "**I**" are informational. Items marked with a
"**D**" are developing items. The developing designation indicates an
item has merit; however, the item is returned to the submitter for
further development before any further action is taken by the Committee.
Items marked "**W**" have been withdrawn from consideration. Table B
lists the appendices to the report, and Table C provides a summary of
the results of the voting on the Committee's items and the report in
entirety.

This report contains recommendations to amend National Institute of
Standards and Technology (NIST) Handbook 130, 2006 Edition, "Uniform
Laws and Regulations," or NIST Handbook 133, "Checking the Net Contents
of Packaged Goods," Fourth Edition (January 2005). Proposed revisions to
the handbook(s) are shown in **bold face print** by ~~striking out~~
information to be deleted and **[underlining]{.underline}** information
to be added. New items proposed for the handbooks are designated as such
and shown in **bold face print**. Text presented for information only is
shown in *italic* print. When used in this report, the term "weight"
means "mass."

#### Subject Series

**Introduction** 200 Series

**NIST Handbook 130** -- General 210 Series

Uniform Laws 220 Series

Weights and Measures Law (WML) 221 Series

Weighmaster Law (WL) 222 Series

Engine Fuels, Petroleum Products, and Automotive Lubricants Inspection
Law (EFL) 223 Series

Uniform Regulations 230 Series

Packaging and Labeling Regulation (PLR) 231 Series

Method of Sale Regulation (MSR) 232 Series

Unit Pricing Regulation (UPR) 233 Series

Voluntary Registration Regulation (VRR) 234 Series

Open Dating Regulation (ODR) 235 Series

Uniform National Type Evaluation Regulation (UNTER) 236 Series

Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation
(EFR) 237 Series

Examination Procedure for Price Verification 240 Series

Interpretations and Guidelines 250 Series

**NIST Handbook 133** 260 Series

**Other Items** 270 Series

**Table A**

**Index to Reference Key Items**

**Reference**

**Key Number Title of Item Page**

## [**200 introduction 1**](../11-LR-06-Annual-Final.doc#Introduction) {#introduction-1 .TOC-1}

## [232 METHOD OF SALE REGULATION 3](#method-of-sale-regulation) {#method-of-sale-regulation-3 .TOC-1}

## [232-1 I Temperature Compensation for Petroleum Products 3](#i-temperature-compensation-for-petroleum-products) {#i-temperature-compensation-for-petroleum-products-3 .TOC-2}

## [232-2 I Biodiesel and Fuel Ethanol Labeling 6](#i-biodiesel-and-fuel-ethanol-labeling) {#i-biodiesel-and-fuel-ethanol-labeling-6 .TOC-2}

## [250 INTERPRETATIONS AND GUIDELINES 8](#interpretations-and-guidelines) {#interpretations-and-guidelines-8 .TOC-1}

## [250-1 V Basic Engine Fuels, Petroleum Products, and Lubricants Laboratory 8](#v-basic-engine-fuels-petroleum-products-and-lubricants-laboratory) {#v-basic-engine-fuels-petroleum-products-and-lubricants-laboratory-8 .TOC-2}

## [270 Other items 8](#other-items) {#other-items-8 .TOC-1}

## [270-1 D Developing Items 8](#d-developing-items) {#d-developing-items-8 .TOC-2}

**Table B**

**Appendices**

**Appendix Title Page**

[A Item 270-1: Developing Items -- Handbook 130](#AppendixA)

[Part 1: Premium Diesel Lubricity A1](#AppendixAPart1)

[Part 2: Guidelines for the Method of Sale of Fresh Fruits and
Vegetables](#AppendixAPart2) A2

[B Item 270-1: Developing Items -- Handbook 133](#AppendixB)

[Part 1: Moisture Loss B1](#AppendixBPart1)

[C **Item 250-1: Basic Engine Fuels, Petroleum Products, and Lubricants
Laboratory Guidelines**](#AppendixC) C1

[D NCWM Petroleum Subcommittee Report D1](#AppendixD)

**Table C**

**Voting Results**

  ----------------- -------------------- ------------ -------------- ------------ ---------------
  ***Reference Key  ***House of State                 ***House of                 ***Results***
  Number***         Representatives***                Delegates***                

                    ***Yeas***           ***Nays***   ***Yeas***     ***Nays***   

  250-1             37                   0            45             0            Adopted
  ----------------- -------------------- ------------ -------------- ------------ ---------------

**Details of all Items**

(In order by Reference Key Number)

###### 232 METHOD OF SALE REGULATION

####### 232-1 I Temperature Compensation for Petroleum Products

Source: Southern Weights and Measures Association (SWMA). (See
Item 232-4 in the Report of the 89^th^ NCWM Annual Meeting held in
2004.)

Recommendation: Amend the Method of Sale Regulation in Handbook 130 by
adding the following:

> **[2.XX. Refined Petroleum Products]{.underline}**
>
> **[2.XX.A. -- Where not in conflict with other statutes or
> regulations, refined petroleum products delivered through: (1) vehicle
> tank meters, (2) stationary meters with flow rates of 115 L (30 gal)
> or more per minute, and (3) loading rack meters, *may* be sold with
> the volume adjusted to compensate for temperature. When petroleum
> products are sold temperature compensated:]{.underline}**
>
> **[(a) All sales shall be in terms of liters or U. S. gallons at 15 °C
> (60 °F);]{.underline}**
>
> **[(b) The temperature compensation shall be accomplished through
> automatic means;]{.underline}**
>
> **[(c) The primary indicating elements, recording elements, and all
> recorded representations (receipts, invoices, bills of lading, etc.)
> shall be clearly and conspicuously marked to show that the volume
> delivered has been adjusted to the volume at 15 °C
> (60 °F);]{.underline}**
>
> **[(d) For vehicle tank meters, all sales by the same person or
> company for the same metering application within the same state shall
> be sold temperature compensated in 12-month increments. For example, a
> company may not choose to operate some vehicle tank meters with
> automatic temperature compensators and others without. Nor may a
> company choose to engage the automatic temperature compensator on a
> device only during certain times of the year.]{.underline}**
>
> **[(e) For stationary meters with flow rates of 115 L (30 gal) or more
> per minute, all sales by the same person or company for the same
> metering application at the same location shall be sold temperature
> compensated in 12-month increments. For example, a company may not
> choose to operate some stationary meters with automatic temperature
> compensators and others without. Nor may a company choose to engage
> the automatic temperature compensator on a device only during certain
> times of the year.]{.underline}**
>
> **[(f) For loading rack meters, except for contract sales, all sales
> by the same person or company for the same metering application at the
> same location shall be sold temperature compensated in 12-month
> increments. Contract sales may have the method of sale specified
> within the terms of the contract, but whichever method of sale is
> selected shall be implemented in 12-month increments. For example, a
> company may not choose to engage the automatic temperature compensator
> on a device only during certain times of the year.]{.underline}**
>
> **[2.XX.B. -- Where not in conflict with other statutes or
> regulations, petroleum products delivered through meters other than
> those specified in section 2.XX.A. shall be sold *without* the volume
> adjusted to compensate for temperature.]{.underline}**
>
> ***[Note 1: As defined in the Handbook 130 Engine Fuels, Petroleum
> Products, and Automotive Lubricants Inspection Law, refined petroleum
> products are products obtained from distilling and processing of
> petroleum (crude oil), unfinished oils, recycled oils, natural gas
> liquids, refinery blend stocks, and other miscellaneous hydrocarbon
> compounds.]{.underline}***

***[Note 2: Paragraphs 2.XX.A.(d) and (e) shall only be effective as
long as temperature-compensated sales remain permissive in at least some
relevant applications. If temperature compensation becomes mandatory for
all relevant applications, then these paragraphs shall be
removed.]{.underline}***

**Discussion:** Selling fuel adjusted to the volume at 15 C (60 F)
throughout the distribution system is the most equitable way fuel can be
sold without the buyer or seller gaining a competitive advantage.

This item is considered in conjunction with a temperature compensation
item that is before the Specifications and Tolerances (S&T) Committee,
Item 331-3, although the S&T Committee's item is limited to vehicle-tank
meters.

A similar proposal was made by the Northeast Weights and Measures
Association (NEWMA) in 2000. NEWMA noted that Pennsylvania, New
Hampshire, Maine, and Canada permit temperature compensation in sales of
products like home heating fuel and retail gasoline. In 2001 the
Committee withdrew this item after hearing testimony from several
jurisdictions that opposed it.

The Committee has heard numerous comments in support of, and a few
comments in opposition to, temperature-compensated sales of petroleum
fuels. While most comments were generally supportive of the idea of
temperature-compensated sales, the Committee received comments from a
couple of jurisdictions that were concerned about the additional
inspection time and resources that would be needed to test devices
equipped with temperature compensators.

Among the comments received in support of temperature-compensated sales,
there was a fair amount of disagreement about how this should be
accomplished. Most of the discussion fell into one of three broad
categories: (1) If temperature-compensated sales are allowed, what
should they look like? (2) In which metering applications should
temperature-compensated sales be allowed? (3) Should
temperature-compensated sales be permissive or mandatory?

[What should temperature-compensated sales look like?]{.underline}

The Committee heard from the Western Weights and Measures Association
(WWMA), the Central Weights and Measures Association (CWMA), and the
Southern Weights and Measures Association (SWMA) that
temperature-compensated sales needed to have certain parameters
established so that all sales conducted in this manner are comparable.
All three regions agreed that (1) temperature-compensated sales should
be adjusted to the volume at 15 °C (60 °F), (2) temperature compensation
should be accomplished through automatic means, (3) indicating and
recording elements and all written representations should indicate that
the volume delivered is temperature compensated, and (4) all sales by
the same person/company for the same metering application within the
same jurisdiction must be sold either compensated or uncompensated for
full calendar years.

The Committee adopted these criteria into its recommendation.

[In which metering applications should temperature-compensated sales be
allowed?]{.underline}

The Committee heard from the WWMA and the SWMA that
temperature-compensated sales should be allowed in all metering
applications through meters with flow rates of 20 gal or more per
minute. The flow rate of 20 gal per minute was selected because it was
believed this would effectively allow temperature-compensated sales in
all applications except for standard retail motor-fuel devices. Both
regions thought that temperature-compensated sales should be prohibited
through standard retail motor-fuel devices.

The Committee heard from the CWMA that temperature-compensated sales
should be limited to sales through vehicle tank meters, loading rack
meters, and retail motor-fuel devices used exclusively for fueling
trucks in sales of 100 gallons or more. The CWMA was concerned that
allowing temperature-compensated sales in all metering applications
except standard retail motor-fuel devices was overly broad. The CWMA was
more comfortable with listing specific applications where
temperature-compensated sales would be allowed and wanted it made clear
that temperature-compensated sales would be prohibited through standard
retail motor-fuel devices. The CWMA submitted the following language for
the Committee's consideration:

> [2.X.X. -- Wholesale refined petroleum product sales, sales of diesel
> fuel for truck refueling, and bulk sales of refined petroleum products
> of 100 gal or more may be dispensed through a meter that automatically
> compensates for the temperature to represent a gallon as 231 cubic
> inches at 60 °F.]{.underline}
>
> [2.XX.1. -- Implementation: Wholesalers and retailers that implement
> temperature compensation for wholesale sales, devices used exclusively
> for diesel fuel for truck refueling, or bulk sales of refined
> petroleum products of 100 gal or more shall implement this practice
> for all meters or dispensers at such location.]{.underline}
>
> [2.XX.2. -- Temperature compensation disclosure: All meters or
> dispensers which employ temperature compensation shall be labeled on
> the meter or dispenser, and the printed representation must state that
> the volume represented has been corrected to 60 °F.]{.underline}
>
> [Note 1. Refined petroleum products are derived from crude oils
> through processes such as catalytic cracking and fractional
> distillation.]{.underline}
>
> [Note 2. Diesel fuel means a refined middle distillant suitable for
> use as a fuel in a compression-ignition (diesel) internal combustion
> engine.]{.underline}

The Committee's recommendation constitutes a compromise. The Committee
agreed with the CWMA that the most prudent approach to
temperature-compensated sales was to limit them to specific metering
applications where almost everyone would be comfortable with its use.
The Committee preferred the approach of the WWMA and the SWMA when
defining retail motor-fuel devices used exclusively for fueling trucks
and opted to define these devices based upon the meter flow rate rather
than the delivery quantity. The Committee selected a flow rate of 115 L
(30 gal) per minute to be consistent with the thresholds in the LMD code
in Handbook 44. Section S.4.4. and Table T.2. of the LMD code specify
the minimum flow rate of large-capacity metering devices as 115 L
(30 gal) per minute. Finally, the Committee included language in the
recommendation that makes it clear that, where not expressly permitted,
temperature-compensated sales are prohibited.

[Should temperature-compensated sales be permissive or
mandatory?]{.underline}

The Committee heard from the WWMA and the SWMA that
temperature-compensated sales should be implemented on a permissive
basis, but that future mandatory dates should be established. Those who
support a mandatory requirement believe that in the long run a
permissive requirement will cause confusion within the marketplace and
hinder the consumer\'s ability to make value comparisons between
companies that sell products compensated and those that don\'t.
Particularly with regard to home heating fuel sales, jurisdictions are
concerned customers will not be told whether the price per gallon they
are being quoted prior to the sale is compensated or uncompensated (even
if it is disclosed on the invoice they receive after the delivery). In
addition, even if consumers are informed that a product quote is for a
temperature-compensated delivery, consumers won\'t know what it means
and won\'t be able to make a meaningful comparison between quotes for
compensated and uncompensated products. The WWMA and SWMA recommended
that future mandatory dates be established based on a reasonable
timetable for each type of metering application that takes into
consideration equipment replacement costs and existing device
life-expectancy. NIST suggested, as an alternative, that mandatory dates
for each type of metering application be established initially for new
installations and that later dates could be established for existing
devices.

The Committee heard from the CWMA that temperature-compensated sales
should be implemented on a purely permissive basis. The CWMA opposes the
inclusion of any future mandatory dates at this time. The CWMA believes
that temperature-compensated sales should be market-driven and that
suppliers will make sales on a temperature-compensated basis when
consumers demand it and should not be required to do so before then.
Many jurisdictions believe that the imposition of a mandatory
requirement is too burdensome on the industry, requiring upgrades and
possibly the replacement of many meters without adequate justification.

The Committee agreed that the inclusion of mandatory dates during the
initial implementation of this item was too controversial and would
elicit too much opposition. The Committee felt it was important to get
some form of regulation regarding temperature-compensated sales of
petroleum adopted into Handbook 130 and thought that as many barriers as
possible should be removed in order to achieve this goal. Although the
Committee's recommendation reflects a purely permissive requirement for
temperature-compensated sales, the Committee may be willing to consider
establishing future mandatory dates if a need is demonstrated after this
permissive regulation is implemented.

Finally, the Committee heard requests from the American Petroleum
Institute (API) to: (1) recognize and permit different methods of sale
at loading-rack meters when such sales are under contract, and (2)
prohibit temperature compensated sales through stationary meters with
flow rates of 115 L (30 gal) or more per minute. The Committee agreed
with API's first request regarding contract sales, and included language
in the loading-rack meter paragraph (2.XX.A (f)) to permit the method of
sale to be determined by contract when an active and valid contract is
present. The Committee carefully considered and then decided against
API's request to prohibit temperature-compensated sales through
high-flow stationary meters. The Committee rejected this request because
the idea behind implementing a permissive temperature compensation
standard is to allow the marketplace to drive the implementation of such
a standard. The Committee has heard strong support for
temperature-compensated sales through high-flow stationary meters from
the market segment that uses these meters. The Committee believes that
with the support of a well-educated and well-defined end user, it is
inconsistent with the idea of marketplace-driven implementation for the
Committee to create a barrier to temperature-compensated sales in this
limited, well-defined application. The Committee notes that since this
is a permissive requirement, the decision of whether or not to sell
petroleum products with the volume adjusted to compensate for
temperature remains with the seller, and that the seller will not incur
any additional expense or be required to upgrade his equipment unless he
makes the decision to change his current method of sale practices.

####### 232-2 I Biodiesel and Fuel Ethanol Labeling

**Source:** Central Weights and Measures Association (CWMA)

**Recommendation:** Add the biodiesel and fuel ethanol labeling
requirements that currently appear in Handbook 130 Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation to the Method
of Sale Regulation.

Add the following text to the Method of Sale Regulation in Handbook 130:

> **[2.XX. Biodiesel.]{.underline}**
>
> **[2.XX.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: B10, B20, B100)]{.underline}**
>
> **[2.XX.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:]{.underline}**
>
> **[2.XX.2.1. The capital letter B followed by the numerical value
> representing the volume percentage of biodiesel fuel and ending with
> "biodiesel blend." (Examples: B10 biodiesel blend, B20 biodiesel
> blend), or;]{.underline}**
>
> **[2.XX.2.2. The phrase "biodiesel blend between 5 % and 20 %" or
> similar words.]{.underline}**
>
> **[2.XX.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)]{.underline}**
>
> **[2.XX.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.]{.underline}**
>
> **[2.XX.5. Exemption. -- Biodiesel blends containing 5 % or less
> biodiesel by volume are exempted from requirements 2.XX.1 through
> 2.XX.4.]{.underline}**
>
> **[2.YY. Fuel Ethanol.]{.underline}**
>
> **[2.YY.1. How to Identify Fuel Ethanol. -- Fuel ethanol shall be
> identified by the capital letter E followed by the numerical value
> volume percentage. (Example: E85)]{.underline}**
>
> **[2.YY.2. Retail Dispenser Labeling. -- Each retail dispenser of fuel
> ethanol shall be labeled with the capital letter E followed by the
> numerical value volume percent denatured ethanol and ending with the
> word "ethanol." (Example: E85 Ethanol)]{.underline}**
>
> **[2.YY.3. Additional Labeling Requirements. -- Fuel ethanol shall be
> labeled with its automotive fuel rating in accordance with 16 CFR
> Part 306.]{.underline}**

**Discussion:** This proposal does not impose any new requirements.
These requirements have already been adopted and are published in the
Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation
in Handbook 130. This proposal would place duplicate requirements into
the Method of Sale Regulation.

Section 2.20. of the Method of Sale Regulation in Handbook 130 currently
contains requirements for the disclosure of oxygenates in gasoline
blends. Including requirements for the disclosure of biodiesel,
biodiesel blends, and fuel ethanol is consistent with this practice and
should be required in order to ensure consumers are fully informed when
making purchasing decisions.

The Committee has received numerous comments in support of this item and
has heard from the National Biodiesel Board that, in general, they
support this item. However, the National Biodiesel Board has requested
that the Committee keep this item on its agenda as an informational item
until ASTM finalizes its recommendations for biodiesel specifications.
Waiting for the ASTM biodiesel specifications before moving this item
forward for a vote will ensure there are no conflicts resulting from
language discrepancies between the ASTM biodiesel specifications and the
wording of this item.

The Committee has heard some concerns about perceived discrepancies
between this item's ethanol labeling requirements and the Federal Trade
Commission's (FTC's) regulation regarding ethanol labeling. These
concerns were also raised during the placement of this language in the
Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation.
The Committee has previously evaluated this with the assistance of the
FTC and believes there is no conflict.

###### 250 INTERPRETATIONS AND GUIDELINES

####### 250-1 V Basic Engine Fuels, Petroleum Products, and Lubricants Laboratory

**Source:** Western Weights and Measures Association (WWMA)

[^1]**Recommendation:** Remove the Basic Engine Fuels, Petroleum
Products, and Lubricants Laboratory Guidelines from Handbook 130 and
instead post an updated version (see Appendix C) at
[http://www.nist.gov/owm]{.underline}.

Amend Handbook 130 Interpretations and Guidelines Section 2.6.6. by
striking all of the current text and replacing it with the following:

> **2.6.6. Basic Engine Fuels, Petroleum Products, and Lubricants
> Laboratory**
>
> **(Developed by the Petroleum Subcommittee)**
>
> [**The petroleum fuels and lubricant laboratory is an integral element
> of an inspection program and is generally developed to satisfy the
> testing requirements as described in the laws and rules of the
> regulating agency. Guidelines have been developed to assist states in
> evaluating their options of employing a private lab or building or
> expanding their own lab. This information is available at**
> <http://www.nist.gov/owm>**.**]{.underline}

**Discussion:** Handbook 130 Interpretations and Guidelines
Section 2.6.6., Basic Engine Fuels, Petroleum Products, and Lubricants
Laboratory, was adopted in 1994. Since that time it has not been updated
despite the fact that laboratory equipment and costs change continually.
It is believed that posting these guidelines on the Internet will allow
them to be updated in a more expedient manner than what is permitted by
the NCWM process. Eliminating the NCWM process from the updating of
these guidelines is not believed to be detrimental because the
guidelines are informative, not regulatory.

The Committee has received no comments opposing this item. The Committee
has also assigned the Petroleum Subcommittee the task of reviewing and
updating these guidelines on a bi-annual basis and providing the
Committee with recommendations for updates.

The Committee has expressed its support for the request from NIST that
it not publish a new edition of Handbook 130 this year since the removal
of this guideline is the only change being made. Upon its adoption, NIST
will publish the new guidelines on its website and will update the web
version of Handbook 130 to reflect the changes set forth by this item.
In addition, NIST will issue a letter and addendum sheet to NCWM members
informing them:

-   That the current, 2006, version of Handbook 130 will remain valid
    through 2007,

-   Of the change that has been made to the handbook, and

-   The location of the updated laboratory guidelines on the web.

###### Other items

####### 270-1 D Developing Items

The NCWM established a mechanism to disseminate information about
emerging items which have merit and are of national interest. Developing
items have not received sufficient review by all parties affected by the
proposals or may be insufficiently developed to warrant review by the
NCWM L&R Committee. The developing items listed are currently under
review by at least one regional association, subcommittee, or work
group.

The developing items are listed in the following appendices according to
the specific NIST handbook into which they fall:

Appendix A -- Handbook 130

Appendix B -- Handbook 133

The Committee encourages interested parties to examine the proposals
included in the appendices and to send their comments to the contact
listed in each part.

The Committee asks that the regional weights and measures associations,
subcommittees, and work groups continue their work to fully develop each
proposal. Should an association, subcommittee, or work group decide to
discontinue work on a developing item, the Committee asks that it be
notified. When the status of an item changes because the submitter
withdraws the item, the item will be listed in a table below. For more
details on items that are moved from the Developing Items list to the
Committee's main agenda, refer to the new reference number in the main
agenda.

Joe Benavides, Texas, Chairperson

James Cassidy, Cambridge, Massachusetts

Vicky Dempsey, Montgomery County, Ohio

Dennis Johannes, California

Stephen Benjamin, North Carolina

Vince Orr, ConAgra Foods, Associate Membership Committee Representative

Doug Hutchinson, Canada, Technical Advisor

Brian Lemon, Canada, Technical Advisor

Kathryn Dresser, NIST, Technical Advisor

Tom Coleman, NIST, Technical Advisor

**Laws and Regulations Committee**

THIS PAGE LEFT INTENTIONALLY BLANK.

[]{#AppendixA .anchor}**Appendix A**

**Item 270-1: Developing Items -- Handbook 130**

[]{#AppendixAPart1 .anchor}**Part 1 D Premium Diesel Lubricity**

**Source:** Southern Weights and Measures Association (SWMA)

**Proposal:** Amend Section 2.2.1. in Handbook 130 Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation as follows:

> 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 a 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 D 613.
>
> \(b\) 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 m as determined
> by ASTM D 6079. **~~If an enforcement jurisdiction's singe test of
> more than 560 m is determined, a second test shall be conducted. If
> the average of the two tests is more than 560 m, the sample does not
> conform to the requirements of this part.~~**

**Discussion:** A member of the petroleum industry believes that the
test and associated tolerances for lubricity on premium diesel specified
in Section 2.2.1.(d) are inconsistent with that for regular diesel.
Effective January 1, 2005, the test tolerance for regular diesel
lubricity will be the ASTM D 6079 reproducibility of 136 m (see
ASTM D 975‑04b). NCWM has chosen to accept the ASTM reproducibility
limits for all diesel (D 975) and gasoline (D 4814) properties (see
Section 7.2.2., Reproducibility), but has chosen a different
reproducibility limit for premium diesel lubricity without providing any
explanation as to why the ASTM reproducibility limit is insufficient. If
the NCWM intends to impose a stricter lubricity requirement for premium
diesel, it should designate a tighter specification for this property
instead of a different test tolerance (e.g., for regular and premium
gasoline, premium has a different octane specification than regular but
the test tolerance is the same). ASTM reproducibility limits are, by
definition, based on establishing a 95 % probability that product that
should pass, will pass. Applying an average test as specified in
Section 2.2.1.(d) reduces this probability to only 80 %.

The Committee received comments from several members of the Premium
Diesel Work Group (Work Group) who do not support the item as presented
by the petroleum industry member. Work Group members believed the
process that led to the current definition was very thorough and
complete and the premium diesel lubricity requirements were established
with a full understanding of their implications. The Work Group members
felt that knowledgeable individuals provided input to the process, which
lead to the consensus position contained in the current regulation. The
work being done by the Work Group was reported at meetings of ASTM
Subcommittee E-2 every six months. The current regulation has been
endorsed by the American Petroleum Institute, the Engine Manufacturer\'s
Association, and the NCWM.

Prior to this requirement being adopted, the ASTM Lubricity Task Force
conducted a great deal of research on this topic. Based on their
research, the ASTM Lubricity Task Force had concluded that a limit of
520 µm would meet the requirements of equipment in the field. Since the
passage of this model regulation, ASTM included a lubricity requirement
for No. 1 and No. 2 diesel fuel effective January 1, 2005. The ASTM
requirement is also 520 µm.

Work Group members reported that when this regulation was being written,
fuels with adequate lubricity provided a functional benefit to the end
user. The Work Group agreed with the ASTM Lubricity Task Force that
520 µm was the correct limit to set for premium diesel. However, the
Work Group\'s review process also indicated increased pump wear for
fuels with High-Frequency Reciprocating Rig (HFRR) values greater than
560 µm. The current reproducibility value of the HFRR test method would
have placed enforcement well beyond the 560 µm level, essentially
allowing fuels with little lubricity protection to be sold as premium.
The Work Group believed they could not recommend a premium fuel standard
that would permit excessive pump wear. Using the statistical tools
provided in ASTM D 3244, the Work Group evaluated an enforcement limit
of 560 µm. The statistical tools indicated that a single laboratory
reporting the assigned test value would have an enforcement limit of
approximately 80 % probability of acceptance, while the average of two
separate laboratories reporting the assigned test value would have an
enforcement limit of approximately 90 % probability of acceptance. It
was agreed that for a premium fuel the average of two test results was
the best approach given the current test methods and precision
available. Therefore, if a test exceeds 560 µm, then a second test must
be run. The average of the two tests must exceed 560 µm before a
violation would occur. At this time, the Work Group members believe this
remains the best approach.

The Committee has forwarded this proposal to the Petroleum Subcommittee
for review and has requested that the Subcommittee provide the Committee
with its recommendation. The Subcommittee has requested that this item
remain on the Committee's agenda as a developing item until the
Subcommittee can make a recommendation.

**Contact:** NCWM Petroleum Subcommittee, Ron Hayes, Chair,
(573) 751-2922,
[[ron.hayes@mda.mo.gov]{.underline}](mailto:ron.hayes@mda.mo.gov).

[]{#AppendixAPart2 .anchor}**Part 2 D Guidelines for the Method of Sale
of Fresh Fruits and Vegetables**

**Source:** Northeast Weights and Measures Association (NEWMA)

**Proposal:** Amend Handbook 130 Interpretations and Guidelines
Section 2.3.2. to recognize and support innovation in modern retail food
marketing approaches at all forms of outlets from typical grocery stores
to the age-old farm markets.

**Discussion:** The method of sale guidelines for the sale of fresh
fruits and vegetables that currently appear in Handbook 130 are outdated
and in need of revision. The present guidelines do not recognize current
retailing practices and are not expansive enough to cover many exotic
and unusual fruits and vegetables that are becoming more common in the
marketplace. Additionally, the present guidelines do not take into
consideration the necessary limitations experienced by retailers at
roadside stands and farmers markets.

The original proposal for this item reflected input from only a single
jurisdiction. The Committee was informed that several industry
associations have requested an opportunity to review and respond to this
proposal. The Committee believes there are several factual errors within
the classifications of produce provided, and there are several types of
produce still not covered by the proposal provided. The Committee has
made this item developmental so it may receive input from jurisdictions
throughout the country and from affected industry associations and
businesses.

**Contact:** Ross Andersen, NY Bureau of Weights and Measures,
(518) 457-3146, [ross.andersen@agmkt.state.ny.us]{.underline}.

[]{#AppendixB .anchor}**Appendix B**

**Item 270-1: Developing Items -- Handbook 133**

[]{#AppendixBPart1 .anchor}**Part 1 D Moisture Loss**

**Source:** Northeast Weights and Measures Association (NEWMA)

**Proposal:** Amend Handbook 133 Section 2.3, Moisture Allowances
(pages 17 through 19 of the handbook) to provide clearer guidance.

**Discussion:** The issue of moisture loss is complex. NIST Handbook 133
currently provides specific guidance on the determination and
application of moisture allowances for only a limited number of
commodities. Concerns have been raised that this guidance is confusing
and difficult to understand, particularly with regard to when moisture
loss is applied (i.e., at the time of inspection or subsequent to the
inspection). Requests have been received to reword this section to make
it easier to understand and apply.

In addition, NIST Handbook 133 provides little guidance on the
determination and application of moisture allowances for commodities
other than those specifically listed. Weights and measures jurisdictions
across the country have been struggling with how to properly handle
moisture loss during packaging inspections and need more definite
guidance on this issue.

The Committee does not believe it has the time or expertise to properly
address the issue of moisture loss within the structure of the NCWM. The
Committee has decided to activate a NIST Moisture Loss Work Group to
establish more effective and extensive guidance to the NCWM regarding
the proper determination and application of moisture loss. The Committee
decided to submit a funding request to the NCWM Board of Directors to
fund one individual from each regional association, selected by the
regional association, to participate in the work group.

**Contact:** NIST Moisture Loss Work Group -- Tom Coleman, Technical
Advisor, (301) 975-4868,
[[t.coleman@nist.gov]{.underline}](mailto:t.coleman@nist.gov).

THIS PAGE LEFT INTENTIONALLY BLANK.

[]{#AppendixC .anchor}**Appendix C**

**Item 250-1: Basic Engine Fuels, Petroleum Products, and Lubricants
Laboratory Guidelines**

**Introduction**

The petroleum fuels and lubricant laboratory is an integral element of
an inspection program and is generally developed to satisfy the testing
requirements as described in the laws and rules of the regulating
agency. This document outlines the basic facets of such a laboratory and
can be used as a model to initiate or upgrade a program. Since a testing
program is of little value unless recognized standards and methods are
utilized, this description of a model laboratory has been developed
under the assumption that recognized ASTM International and SAE
International standards and test methods have been incorporated into the
laws, rules, and policies of the regulating agency.

This document provides sufficient information to investigate cost
associated with the development of a fuels and lubricant laboratory.
Information pertaining to facility needs, recommended ASTM test
procedures, test equipment, and the number of personnel required for
staffing has been included. Hidden costs associated with the unique
working environment of laboratories are often overlooked during initial
evaluations; therefore sections have also been included dealing with
quality assurance, safety, and hazardous materials.

Laboratories may be required to perform additional analysis outside the
purview of consumer regulations, e.g., analyses pertaining to
environmental regulations or tax fraud investigations. This document
will not address those areas specifically; however, information
presented here may assist in the determination of general costs and
requirements.

**State-Operated or Contract**

The decision to operate a state testing laboratory, to enter into a
contractual agreement with a private testing laboratory, or to have a
hybrid of the two depends on a variety of factors: the scope of the
program, funding sources, political climate, etc. The question is often
asked: "Is there a point at which it is cheaper for a state to operate
its own fuels laboratory?" The Motor Fuel Task Force assembled in 1984
concluded that a program testing 6000 samples per year (500 samples per
month) is the minimum level to justify building and equipping a fuel
laboratory.

Consideration must be given to the time required for the laboratory to
complete the analyses. The value of any inspection program is diminished
if laboratory turnaround time is so great that the product is consumed
before the results of an analysis are known. If a contract laboratory is
chosen, analysis time should be given consideration during negotiations
to ensure an effective program. Because of the hazardous nature of
fuels, transportation can be difficult and costly and should be factored
into the decision. A state-owned laboratory should be assured the proper
resources, e.g., a full staff and well-maintained instruments, to be
able to meet satisfactory turnaround time.

**Laboratory Facility**

A testing laboratory requires a unique building designed to accommodate
laboratory instruments ranging from a delicate gas chromatograph to
octane engines capable of producing severe vibrations. In addition,
extremely flammable liquids will be stored and tested throughout the
facility. Obviously, the facility design must minimize the chances for
explosion and fire and also be capable of withstanding the forces of an
explosion. National Fire Protection Association (NFPA) 45, "Standard on
Fire Protection for Laboratories Using Chemicals," should be reviewed
with contractors to ensure minimum standards are met.

The actual design of the laboratory is dependant upon the products which
will be tested. For example, if the octane or cetane number is to be
determined, special considerations must be made for foundation and
utilities.

Special considerations should be given to the following:

1.  Sufficient ventilation to ensure workers are not unduly exposed to
    gasoline fumes and other toxic vapors.

2.  Fume hoods and exhaust systems in laboratory areas.

3.  Drain lines resistant to acid and petroleum products.

4.  Traps to prevent petroleum products from entering the sewer system.

5.  Special foundations for ASTM/Cooperative Fuel Research Committee
    (CFR) engines. It is recommended that sufficient foundations for
    future expansion be installed during initial construction.

6.  Necessary safety equipment, such as fire blankets, fire
    extinguishers, eyewash stations, etc.

7.  Automatic fire extinguishing system for laboratory areas. The
    extinguishing system's design should include considerations
    regarding the susceptibility of laboratory instruments to damage
    when exposed to water or dry chemicals.

8.  An adequate heating, ventilation, and air conditioning (HVAC) system
    to handle excess heat generated by distillation instruments and
    octane engines.

9.  A properly designed and sized electrical system.

10. The laboratory's design to ensure all fuel testing can be performed
    in accordance with ASTM requirements. Volume 05.04 of the Annual
    Book of ASTM Standards contains valuable information regarding the
    design of a knock-testing laboratory.

11. Automatic hydrocarbon monitors to warn of critical accumulation of
    explosive vapors.

Several fixed equipment items are necessary for the laboratory's
operation, including:

1.  Air compressor, vacuum pump and piping of sufficient size to supply
    the entire laboratory's needs.

2.  Gas and water piped to all areas of the laboratory.

3.  Storage area for retained evidence, reference fuel and excess fuel
    and lubricant after analysis. Depending on the number of samples,
    this may consist of a properly ventilated storage area with locking
    storage cabinets and 208 L (55 gal) drums, to a flammable storage
    room and several 1892 L (500 gal) storage tanks. (Larger tanks may
    be needed if they are to supplement the program's vehicle's needs.)

The size of the laboratory will depend upon the products tested and the
estimated sample flow. The following space listing is for a small
laboratory capable of testing approximately 6000 fuel samples per year.
Some space requirements, such as those for octane testing, may seem
large, but it is strongly recommended that two additional engine
foundations be installed during initial construction.

1.  Office, bathroom facilities, conference room, etc. (as required). No
    space requirements are listed as this must be determined by the user
    based on program needs and local building codes.

2.  Octane laboratory -- designed for four engines (75 m^2^
    \[750 ft^2^\]).

3.  General laboratory (70 m^2^ \[750 ft^2^\]).

4.  Distillation laboratory (37 m^2^ \[400 ft^2^\]).

5.  Shipping and receiving (includes preparation area for empty sample
    containers) (37 m^2^ \[400 ft^2^\]).

6.  Flash point laboratory (19 m^2^ \[200 ft^2^\]).

7.  Shop area (23 m^2^ \[225 ft^2^\]).

8.  Storage for supplies (23 m^2^ \[225 ft^2^\]).

9.  Secured, cooled, and ventilated sample and flammable storage area
    (23 m^2^ \[225 ft^2^\]). (Insulation and a dedicated ventilation and
    cooling system should be considered for this room.)

Total square footage (exclusive of item 1) -- 30 m^2^ (322 ft^2^)
including offices, bathroom facilities, hallways, etc., the total
building size may exceed 372 m^2^ (4000 ft^2^). It is not necessary to
isolate each testing operation into separate laboratories. However,
because of the noise generated, it is recommended that the test engines
(octane and cetane) be placed in a separate room.

If lubricant testing is to be performed, the size of the general
laboratory will need to be increased. The amount of increase is
dependant upon the tests which will be performed. However, if work is
limited to viscosity measurement, an additional 37 m^2^ (400 ft^2^)
should be sufficient.

**Tests and ASTM Test Procedures**

Careful consideration should be given to the selection of laboratory
test procedures since these selections will affect instrument costs,
number of personnel, timeliness of samples, and confidence in results.
As previously mentioned, ASTM and SAE specifications and test methods
are universally recognized standards for fuels and lubricants and should
be the primary choice for test procedures. The ASTM Subcommittee D 02 on
Petroleum Products and Lubricants is responsible for developing
specifications and test procedures and is generally comprised of
representatives from the petroleum industry, automotive manufacturers,
and regulating agencies. This representation ensures that test
procedures have been reviewed by each segment of the testing community
and laboratory results obtained utilizing these procedures will be
widely accepted.

New instrumental methods are often introduced to facilitate testing.
Chemical methods have been devised to replace or screen physical methods
which may enhance efficiency by reducing staff or analysis time
necessary to perform physical methods. These methods are normally
devised for a controlled environment, such as a processing plant, where
physical parameters may be drawn with confidence. A new laboratory is
cautioned to refrain from investing in this instrumentation and the
laboratory expertise necessary to perform the test procedures until they
are approved by ASTM. Screening methods have been employed by state
laboratories to maintain or increase sample coverage. Screening
procedures are a deviation of accepted ASTM procedures; certain sections
of a procedure may be excluded or modified, such as chilling a sample to
the appropriate temperature or accurately timing a distillation
analysis. When a screen sample exceeds a predetermined parameter, the
sample is analyzed using the proper ASTM procedure. Screening should be
discouraged as a means to increase sample coverage. Strategies, such as
selective sampling and testing, should be employed as a means for
effective regulation.

Following are references to ASTM and SAE specifications and testing
procedures which form an effective nucleus for a testing laboratory with
regulatory responsibilities. ASTM test methods listed here do not
necessarily exclude other ASTM procedures that are designed for the
purpose and that give comparable results. The significance of each of
these analyses is included in the ASTM specifications. Some of the test
procedures listed make provisions to allow the use of automated
equipment. Such equipment is usually more expensive. However, the
increased cost can be recovered in a high production lab by reduced
labor costs. The asterisks after test methods indicate a preferred
method due to cost or ease of implementation.

**Spark Ignition Engine Fuel Specifications -- D 4814**

> 1\. Distillation D 86
>
> 2\. Octane (Antiknock Index)
>
> Research D 2699
>
> Motor D 2700
>
> 3\. Vapor Pressure
>
> Dry Method D 4953
>
> Automatic Method D 5190\*
>
> Mini Method D 5191\*
>
> Mini Method - Atmospheric D 5482\*
>
> 4\. Oxygenate Content
>
> GC with TC or FID D 4815
>
> GC with OFID D 5599
>
> Infrared Spectroscopy D 5845
>
> 5\. Sulfur Content (Due to environmental law and regulations, the
> sulfur limits shown in D 4814 may be significantly higher than
> specified. The detection limit and precision of each method should be
> considered when selecting a test method.)
>
> X-Ray Spectrometry D 2622
>
> Microcoulometry D 3120
>
> Ultraviolet Fluorescence D 5453
>
> 6\. Water Tolerance D 6422
>
> 7\. Workmanship D 4814

**Diesel Fuel Specifications -- D 975**

> 1\. Flash Point D 93
>
> 2\. Distillation D 86
>
> 3\. Sulfur Content (The appropriate test method is dependent upon the
> grade. The forthcoming reduction in sulfur content by EPA starting in
> June, 2006, will require equipment with lower detection limits and
> better precision.)
>
> X-Ray Spectrometry D 2622
>
> Microcoulometry D 3120
>
> X-Ray Fluorescence D 4294
>
> 4\. Cloud Point
>
> Manual Method D 2500
>
> Stepped Cooling (Automatic) D 5771
>
> Linear Cooling Rate (Automatic) D 5772
>
> Constant Cooling Rate (Automatic) D 5773
>
> 5\. Water and Sediment D 2709
>
> 6\. Cetane D 613
>
> 7\. Lubricity D 6079

**Kerosene Specifications -- D 3699**

> 1\. Flash Point D 56
>
> 2\. Distillation D 86
>
> 3\. Sulfur Content
>
> X-Ray Spectrometry D 2622
>
> X-Ray Fluorescence D 4294\*
>
> Ultraviolet Fluorescence D 5453
>
> 4\. Color D 156
>
> 5\. Water and Sediment D 1796

**Aviation Turbine Fuel - D 1655**

> 1\. Flash Point D 56
>
> 2\. Distillation D 86
>
> 3\. Water Reaction D 1094
>
> 4\. Freeze Point D 2386

**Motor Oil -- SAE J300**

> 1\. Kinematic Viscosity D 445
>
> 2\. Cold Cranking Simulator D 5293

**Gear Oil -- SAE J306**

> 1\. Kinematic Viscosity D 445
>
> 2\. Brookfield Viscosity D 2983

**Automatic Transmission Fluid**

> 1\. Kinematic Viscosity D 445
>
> 2\. Brookfield Viscosity D 2983

**Laboratory Equipment and Supplies**

Scientific instrumentation is typically more expensive than initially
anticipated even when one has experience purchasing equipment. ASTM has
approved methods utilizing automated instruments which may prove to be a
better long-term investment when the cost of operating personnel is
included. The costs of equipment and supplies change, therefore
providing estimates in this document would be of little value. Because
of the relatively small demand for laboratory equipment, it is common to
have only one source. However, when possible, obtaining competitive bids
can reduce costs. Purchasing used equipment from other labs or vendors
can provide a source of equipment at reduced costs.

**Information Management System**

No recommendations are made for an information management system.
However, it should be noted that an information management system is an
effective tool to manage data and statistical information when devising
sampling strategies and when measuring the general effectiveness of a
program.

Minimum requirements for an information management system include a
database server and database adequate to handle sample biographical and
analyses information. A means to network technicians and staff to the
information is necessary to facilitate transfer of information.
Considerations for software security and equipment security (limited
access to the database server) should be given to ensure the integrity
of the data.

Many departments have established information management centers which
are consulted for this information. Generally, these departments have a
particular protocol for developing information management systems.

**Office Equipment and Supplies**

No listing is given since needs are determined by the program's scope.
However, the costs of items such as desks, filing cabinets, computers,
forms, and miscellaneous office supplies must be considered when
planning an initial budget.

**Quality Assurance/Quality Control**

The previous sections have addressed structural aspects of an engine
fuels testing laboratory: building requirements, testing procedures, and
analytical instruments. The management system for a laboratory is as
unique as the structural requirements. Quality assurance/quality control
programs were originally devised to give statistical verification of
analytical results; however, they are now evolving to become the
standard management model for laboratories. Chain of custody procedures,
sample retention procedures, sample distribution procedures, and
documentation of each step have been integrated into the quality
assurance program.

ASTM has developed two documents which provide quality assurance
guidelines for a petroleum laboratory. They are ASTM D 6792, Quality
System in Petroleum Products and Lubricants Testing Laboratories and
ASTM D 6299, Applying Statistical Quality Assurance Techniques to
Evaluate Analytical Measurement System Performance. The first document,
D 6792, provides a guide to the essential aspects of a quality assurance
program. It includes such issues as sample management, record
management, accurate test data, proficiency testing, corrective actions,
and training. The second document, D 6299, describes in great detail
methods to assure test precision and accuracy.

Another source of information in establishing a quality assurance
program is the International Organization for Standardization (ISO)
model quality assurance program, ISO 9000. There is no accreditation
program specifically for state testing laboratories, and ISO 9000
accreditation is currently quite expensive; however, the ISO 9000 is an
excellent model to use in developing a management system.

One excellent method to evaluate the performance of a laboratory is to
compare the results obtained with other laboratories. ASTM has developed
an Interlaboratory Crosscheck Program to achieve this goal. Samples are
periodically sent to participating labs for analysis. The results are
submitted to the summarizer and statically compared to other
participating laboratories. The summarized results are then compared to
the published precision statements. Coded summary reports (to maintain
confidentiality) are sent to each participant. The program includes
automatic transmission fluid, aviation turbine fuel, engine oil, gear
oil, gasoline and diesel fuel as well as other products.

ASTM operates a National Exchange Group (NEG) to distribute fuels among
participating laboratories and provides a statistical report of the
results. There are three subgroups of the NEG: the Motor Fuel Exchange
Group, the Diesel Fuel Exchange Group, and the Aviation Gasoline
Exchange Group. Of the three types of participation, only two will
concern a state laboratory: a member laboratory receives monthly samples
and agrees to participate in special method research; and a "quarterly
participant" receives two sets of samples every three months but is not
bound to run special tests. The NEG will provide a means for assessment
of quality at the national level. There are also regional groups which
provide similar quality assessment exchange programs: Appalachian,
Atlantic, Great Lakes, Mid-Continent, Northwest, Pacific Coast, Rocky
Mountain, Texas Regional and Louisiana Gulf Coast, Sabine, and Texas
City-Houston Subgroups.

**Safety Program**

A laboratory can be an extremely hazardous work environment, so safety
must be integrated into all operations of a laboratory. The Occupational
Safety and Health Administration (OSHA) established a requirement
effective January 1, 1991, for laboratories to develop a Chemical
Hygiene Plan (29 CRF 1910.1450). The guidelines for the Chemical Hygiene
Plan were intentionally left general so that an organization's plan
could be customized for unique situations in individual laboratories.
The Chemical Hygiene Plan details an organization's responsibilities for
safety training, supply and maintenance of safety equipment and personal
protective equipment, monitoring employees' exposure level to hazardous
chemicals, medical consultation and examination, and availability of
documents addressing safety procedures and emergency response. The
Chemical Hygiene Plan is required to be reviewed annually which provides
a format to plan and track improvements.

Reference documents are an essential part of an effective safety
program. Safety procedures should accompany and complement testing
procedures to ensure an employee is performing functions in an
acceptable manner. Emergency response manuals address hazardous or
potentially hazardous situations. Proper procedures for handling large
spills, evacuation of work areas, and employees who have been
overexposed to hazardous materials are typically found in the emergency
response manual. Material Safety Data Sheets (MSDS) contain pertinent
information regarding the hazards of chemicals and the necessary
precautions. These documents should be distributed to employees or
located in an easily accessible location.

Coordination with local fire and hazmat (hazardous material) departments
is essential to ensure rapid emergency response. A chemical inventory
and a diagram of the laboratory space are often requested by these
departments to expedite their response. Periodic review of the chemical
inventory will ensure unnecessary chemicals will be disposed of in a
timely manner.

The most effective safety tool is thorough training of employees. Each
new employee should be trained with the Chemical Hygiene Plan, safety
procedures, emergency response manual, and MSDS's. Subsequent review
sessions should be scheduled to ensure familiarity of individual
responsibilities and actions. Educational videos are available
specifically addressing laboratory safety which can assist in the
training process. Hands-on training should be utilized to demonstrate
the proper use of fire extinguishers, fire blankets, and other safety
equipment in the laboratory. An effective safety program will produce
aware employees who can suggest enhancements to the safety of the
laboratory.

Personal safety equipment should be provided to all laboratory
personnel. Eye protection, lab coats/aprons, and gloves will provide
minimum protections. If the use of a fume hood is not practical and an
employee is exposed to petroleum or chemical fumes, organic respirators
should be provided to minimize exposure. Determination of which
equipment is necessary for handling particular chemicals can be found in
the MSDS accompanying the chemicals.

General laboratory safety equipment should be considered during the
design or selection of a building. In addition to a good ventilation
system, fume hoods should be provided where practical to isolate fumes
from the laboratory. Due to the explosive nature of gasoline, even
safety equipment needs to be evaluated for safety; for example,
explosion-proof motors should be installed to evacuate fumes from a
hood. Eyewash stations, fire extinguishers, emergency showers, and fire
blankets should all be placed strategically for maximum protection.

In the event of a spill, several safety items will prove useful.
Activated charcoal, sold under a variety of names, is effective for
absorbing small petroleum spills with the added benefit of quickly
reducing vaporization. Other companies offer pads to quickly absorb
spills. Similar products are offered to neutralize and absorb acids and
bases. Safety signs should be posted at the entrance of each laboratory
room listing possible hazards and restricted activities (e.g., No
Smoking, Flammables, Eye Protection Required, etc.). These signs assist
visitors and emergency response personnel to identify hazards quickly.

**Hazardous Waste**

Testing laboratories generate quantities of hazardous waste. Waste
chemicals from various analyses and residual samples must be stored and
disposed of in an appropriate manner. The majority of regulations for
storage, disposal, and documentation of hazardous materials may be found
in EPA's SARA Title III, 40 CFR 1500. Additional regulations and permits
may be required by state, county or municipal agencies. Familiarity with
the regulations will be advantageous when considering the design of the
laboratory. Specific expenses related to hazardous waste disposal will
often be determined by local regulations and the availability of
hazardous waste handlers. Some companies provide disposal services which
recycle products. This type of service is usually less expensive and
provides protection from future "cradle to grave" liabilities.
Therefore, waste materials should be segregated to take advantage of
recycling services.

**Personnel**

The staffing requirements for a testing laboratory will be dependent on
the number of samples, the number of tests performed on the samples, and
the testing instruments chosen. The staff recommended here will be
suitable for a fuels testing laboratory with moderate automation
(auto-sampler for the gas chromatograph, automated RVP instrument, etc.)
running approximately 6000 to 8000 samples per year.

> 1 Laboratory Administrator
>
> 2 Chemists
>
> 2 CFR Engine Operators
>
> 2 Laboratory Technicians
>
> 1 Clerk

The laboratory administrator should have strong management skills and
familiarity with laboratory operations and chemical techniques. The
administrator's responsibilities include the development and
implementation of the quality assurance program, safety program, and
hazardous waste program, as well as providing guidance for the daily
operation of the laboratory.

The chemists should have a strong chemistry background and familiarity
with instrumental techniques. In addition to normal analytical
responsibilities, chemists should assist with the review of analytical
results by technicians. Chemists also can assist in the development and
implementation of the quality assurance, safety, and hazardous waste
programs.

The engine operators are the most difficult positions to fill. The ideal
operator will have petrochemical experience with a mechanic's background
since the majority of the engine maintenance will be performed by the
operators. The petroleum industry estimates approximately five years of
engine operation is necessary to develop an expertise. To expedite this
process, engine operators should periodically attend training workshops
and regional exchange group meetings. Laboratory technicians should have
laboratory experience and a familiarity with scientific methods. Cross
training of these individuals is an effective means of maintaining an
even workflow through the laboratory.

**Concluding Note**

There is no better way to understand the complexities of testing than to
visit a state with an active program. Several states, such as Arkansas,
California, Florida, Georgia, Maryland, North Carolina, Missouri,
Michigan, Washington and Tennessee (a contractual laboratory) have
active programs and are willing to host tours of their facilities.
Interested parties are encouraged to make such a visit.

**References**

John E. Nunemaker, "Planning Laboratories: A Step by Step Process"
*American Laboratory,* March 1987, 19 (4), 104 ‑ 112.

Jerry Koenigsberg, "Building a Safe Laboratory Environment" *American
Laboratory,* June 1987, 19 (9), 96 - 106.

THIS PAGE LEFT INTENTIONALLY BLANK.

[]{#AppendixD .anchor}**Appendix D**

**NCWM Petroleum Subcommittee Report**

The Premium Diesel Work Group and NCWM Petroleum Subcommittee met from
4:00 to 6:00 p.m. on December 6, 2005, in Norfolk, Virginia. This
meeting was during the ASTM D2 meeting on Petroleum Products with
twenty-five members and guests present. The main purpose of this meeting
was to discuss the NCWM lubricity requirement for premium diesel. This
item now appears on the L&R Committee agenda in Appendix A as Item 270-1
Part 1. (Page L&R-10)

Several options were discussed including:

-   Removal of the 560 μm enforcement tolerance;

-   Removal of the 560 μm enforcement tolerance and lower the 520 μm
    requirement;

-   Elimination of the lubricity requirement from the premium diesel
    definition.

**Discussion:**

-   Particularly for the term "premium" a higher assurance of protection
    from equipment damage is essential.

-   Once a level of protection has been met, lowering the requirement to
    a more restrictive value provides no additional benefit.

-   Do not lower the 520μm without supportive data.

-   The committee discussed activities underway at ASTM:

    -   An HFRR workshop will be meeting in the first quarter of 2006 to
        discuss ways to improve this test method, hoping to reduce the
        lab-to-lab variability.

    -   A CRC test program will begin in the near future on new
        equipment used in light duty passenger vehicles with high
        pressure common rail injection systems. A specification change
        may result from data generated from this program.

**Summary:** The Subcommittee decided not to make a change at this time
without supportive data. The Subcommittee encouraged the equipment
manufacturers to provide any new data that would support a specification
change. Otherwise, the Subcommittee will wait to see the outcome of the
CRC program and the HFRR test method task force recommendations.

The Subcommittee also discussed the need to do a complete review of the
motor fuel regulation because some ASTM standards have changed since the
last revision.

One possible future date and location discussed was to meet immediately
following the NCWM 2007 Interim Meeting in Jacksonville, Florida.

Submitted by:

Ronald G. Hayes

Chairman NCWM Petroleum Subcommittee

THIS PAGE LEFT INTENTIONALLY BLANK.

[^1]: ^^