NOTICES OF PROPOSED RULES DAR File No. 42422
Agriculture and Food, Regulatory  
Services
R70-940
Standards and Testing of Motor Fuel
NOTICE OF PROPOSED RULE
(Repeal and Reenact)
DAR FILE NO.:  42422
FILED:  12/28/2017
RULE ANALYSIS
PURPOSE  OF  THE  RULE  OR  REASON  FOR  THE  
CHANGE:  The purpose of this rule change is to adopt the  
2017 version of the NIST Handbook which establishes the  
national  standards  regarding  motor  fuel.   While  the  
Department of Agriculture and Food (Department) is adopting  
most of the national standards, this rule also specifies areas  
of  the  national  standard  which  the  Department  is  not  
adopting.  It is necessary to make these changes to ensure  
that our motor fuel is meeting the national standards which  
will  facilitate  the  continued  participation  in  interstate  
commerce.   Additionally,  many of  the requirements  of  the  
previous rule will be made unnecessary with the adoption of  
the national standards and are being removed.
SUMMARY OF THE RULE OR CHANGE:  This rule adopts  
the  2017  version  of  the  NIST  Handbook  130  which  
establishes the uniform engine fuels and automotive lubricant  
regulations.   This  rule  eliminates  unnecessary  permitting  
requirements that have previously been required.  It specifies  
specific  areas  where  the  state  is  not  going  to  adopt  the  
national standard and instead have state specific standards.  
This  rule  proposes  a  standard  color  code  be  adopted  by  
gasoline  stations.  It clarifies that the state  will  adopt the  
ASTM specification D4814-17 for automotive spark-ignition  
engine fuel.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR  
THIS RULE:  Section 4-33-104 and Subsection 4-2-103(i)
TITLE OF MATERIALS INCORPORATED BY REFERENCE:
♦ Updates National Institute of Standards and  
Technology Handbook 130, "Uniform Laws and  
Regulations in the Area of Legal Metrology and  
Engine Fuel Quality, Chapter IV, Part G, "Uniform  
Engine Fuels and Automotive Lubricants  
Regulation", published by National Institute of  
Standards and Technology, 11/01/2016
ANTICIPATED COST OR SAVINGS TO:
♦ THE STATE BUDGET:  This purposed rule change is not  
anticipated to have a cost or saving to the state.  This rule will  
not change the time or manner in which inspections are done  
nor does it require the state to do any additional testing to  
what the state is already conducting.♦ LOCAL GOVERNMENTS:  There are no anticipated costs  
or benefits to local governments as this rule neither requires  
action from nor provides benefits to local governments.
♦  SMALL BUSINESSES:   This  proposed  rule  change  will  
have an affect on various types of businesses because of the  
various industries that are involved in the production of motor  
and automotive fuel.  It is anticipated this rule change will  
have an affect on petroleum refineries, gasoline stations, and  
petroleum  transporters.   There  are  no  anticipate  cost  to  
refineries because this rule does not proscribe the refineries  
take any additional actions to comply.  It is anticipated that the  
standardization of a color code for the lids at filling stations  
will have an estimated cost of up to $40 per year depending  
on how many types of fuel are being sold at the gasoline  
stations.  The adoption of the ASTM specification D4814-17  
for automotive spark-ignition fuel is a saving to the petroleum  
refineries because currently these refineries are equipped to  
refine to the 85 octane specifications.  This proposed rule  
change allows for that to continue regardless of changes to  
the national standards saving the refineries an inestimable  
amount  in  retooling  costs  in  order  to  meet  the  octane  
specification.  The adoption of the national water tolerance  
level instead of the previous zero water tolerance standard  
could lead to a potential savings by avoiding having tanks  
serviced  due  to  the  presence  of  water.   These  benefits  
inestimable due having no way of estimating who would have  
been out of compliance under the previous rule.
♦  PERSONS  OTHER  THAN  SMALL  BUSINESSES,  
BUSINESSES,  OR  LOCAL  GOVERNMENTAL  ENTITIES:  
Consumers will see a benefit in knowing that the fuel they  
receive is meeting a national standard.  The addition of the  
color code requirement will help to prevent the possibilities of  
consumers accidentally receiving the wrong type of fuel.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The  
compliance  cost  for  those  affected  will  be  minimal,  an  
estimated $40 a year to meet the standardized color code.
COMMENTS  BY  THE  DEPARTMENT  HEAD  ON  THE  
FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:  
This proposed rule change clarifies the requirements for the  
industry by adopting a national standard, while at the same  
time this rule acknowledges the special needs of the state  
and establishes some exemption to the national standards to  
fit those needs of the industry in the state.  This proposed rule  
change meets the needs of the industry, and continues to  
protect the consumer by ensuring that fuel being purchased is  
of  the  grade  and  quality  that  is  being  advertised.   The  
additional  requirements  of  a  standardized  color  code  will  
protect the consumer and will clarify for transporters where to  
place  which  type  of  fuel.   The  adoption  of  a  particular  
standard in relation to the spark-ignition engine fuel in the  
state will give added security to the refineries in the state that  
the standard is not going to be changing for them even if the  
national standard changes.
6 UTAH STATE BULLETIN , January 15, 2018, V ol. 2018, No. 2DAR File No. 42422 NOTICES OF PROPOSED RULES
THE  FULL TEXT  OF  THIS  RULE  MAY BE  INSPECTED,  
DURING REGULAR BUSINESS HOURS, AT:
AGRICULTURE AND FOOD
REGULATORY SERVICES
350 N REDWOOD RD
SALT LAKE CITY , UT 84116-3034
or at the Office of Administrative Rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
♦ Brett Gurney by phone at 801-538-7158, by FAX at 801-
538-7126, or by Internet E-mail at bgurney@utah.gov
♦ Melissa Ure by phone at 801-538-4976, or by Internet E-
mail at mure@utah.gov
♦ Scott Ericson by phone at 801-538-7102, by FAX at 801-
538-7126, or by Internet E-mail at sericson@utah.gov or mail  
at PO Box 142003, Salt Lake City, UT 84114-2003
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON  
THIS RULE BY SUBMITTING WRITTEN COMMENTS NO  
LATER THAN AT 5:00 PM ON 02/14/2018
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2018
AUTHORIZED BY:  LuAnn Adams, Commissioner
Appendix: Regulatory Impact Analysis for Small and Non -Small BusinessesFiscal Costs FY 2018FY 2019FY 2020
State Government $0$0$0
Local Government $0$0$0
Small Businesses $40$40$0
Non-Small Businesses$40$40$40
Other Person $0$0$0
Total Fiscal Costs: $40$40$40
Fiscal Benefits
State Government $0$0$0
Local Government $0$0$0
Small Businesses $0$0$0
Non-Small Businesses$0$0$0
Other Persons $0$0$0
Total Fiscal Benefits: $0$0$0
Net Fiscal Benefits: $0$0$0*This table only includes fiscal impacts that could be  measured.  If there are inestimable fiscal impacts, they  will not be included in this table.  Inestimable impacts  for State Government, Local Government, Small Businesses  and  Other  Persons  are  described  above.   Inestimable  impacts for Non-Small Businesses are described below.
Appendix 2: Regulatory Impact to Non -Small BusinessesThere are approximately 1,100 gasoline station registered  in  the  state  of  Utah  (NAICS  447110,  NAICS  447190).  Approximately 300 of these gasoline stations are non -small business.  All gasoline stations will have to comply with  the standardized color coding.  The cost associated with  the regulation is the cost of the paint necessary to paint  the lids to the different fuel types in accordance with  the color code and the time of it will take an employee to  paint the lids for the tanks.  As it will be necessary to  repaint the lids every year, there will be an ongoing cost  of $40 per year.
There are a total of seven petroleum refineries (NAICS  3241100 operating in the Utah.  These businesses will  experience a fiscal savings associated with the adoption  of the ASTM specification D4814 -17.   The full impact to  these non-small businesses cannot be estimated as the  necessary data are unavailable.
The Commissioner of the Department of Agriculture and  Food, LuAnn Adams, has reviewed and approved this fiscal  analysis.
R70.  Agriculture and Food, Regulatory Services.
R70-940.  Standards and Testing of Motor Fuel.
R70-940-1.  Authority and Scope.
[              A.  Promulgated under Authority of Section 4-33-4 and  
Subsection 4-2-2(1)(j).  
               B.  Scope:  This rule establishes the requirements for the  
blending and sale of motor fuel in the state of Utah.   
R70-940-2.  Standards.  
               Motor fuels are to meet the following standards:   
               A.   "Octane."  (R+M)/2.   ASTM  D-4814  (ASTM  -  
American Standard of Testing Materials).   
               B.   "Vapor  Pressure."   ASTM  D-323  on  Reid  Vapor  
Pressure and ASTM's Information Document on Oxygenated Fuels,  
Section 4.2.1.  
               C.  "Distillation."  ASTM D-86 and ASTM revised D-4814  
relative to alcohol blends (along with ASTM's Information Document  
on Oxygenated Fuels).  Additionally, Gasoline and Gasoline-Ethanol  
Blends shall meet the following requirements:   
               (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 meet but 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,  and  Federally-approved  State  Implementation  Plans  
(SIP's)).  Gasoline blended with ethanol shall be blended under any of  
the following three options:   
               (a)  The base gasoline used in such blends shall meet the  
requirements of ASTM D 4814 and shall have a minimum distillation  
temperature  of  77  deg  C  (170  deg  F)  at  50  volume  percent  
evaporated, or  
UTAH STATE BULLETIN , January 15, 2018, V ol. 2018, No. 2 7NOTICES OF PROPOSED RULES DAR File No. 42422
               (b)   The  base  gasoline  shall  meet  the  requirements  of  
ASTM  D 4814  and the  blend shall  have  a minimum  distillation  
temperature  of  66  deg  C  (150  deg  F)  at  50  volume  percent  
evaporated, or  
               (c)  The base gasoline used in such blends shall meet all the  
requirements of ASTM D 4814 except distillation, and the blend shall  
meet the requirements of ASTM D 4814, except for vapor pressure.   
               (2)  Blends of gasoline containing 9-10 percent ethanol  
shall not exceed the ASTM D 4814 vapor pressure limits by more  
than 1.0 psi from June 1 through September 15 of each calendar year.  
Gasoline  containing less than  9 percent  ethanol  by volume  must  
comply with D4814 vapor pressure limits during the period.  Gasoline  
containing up to 10 percent ethanol by volume shall not exceed the  
ASTM D 4814 vapor pressure limits by more than 1.0 psi from  
September 16 through May 31 of successive years.   
               D.  "Water Tolerance."  ASTM D-4814.   
               E.  "Phase Separation."  Must be homogenous, no phase  
separation.  
               F.  "Corrosivity."  ASTM D-4814.   
               G.  "Benzene."  ASTM D-3606.   
               H.  "Flash Point."  ASTM D-93 or D-56.   
               I.  "Gravity."  ASTM D-1298.   
               J.  "Sulfur." (X-ray method)  ASTM D-2622, 1266, 1552,  
2622 or 4294.  
               K.  "Aromatics."  ASTM D-1319.   
               L.  "Leads."  ASTM D-3237.   
               M.  "Cloud point."  ASTM D-2500.   
               N.  "Conductivity."  ASTM D-2624.   
               O.  "Cetane"  ASTM D-976 or 4737.   
               P .  "Cosolvents."  Methanol or ethanol based fuels shall  
include such cosolvents as are required to increase the water tolerance  
of the finished gasoline blend to the level specified in R70-940-2-D  
above.  
               Q.  "Method of Operation."  Equipment shall be operated  
only in the manner that is obviously indicated by its construction or  
that is indicated by instructions on the equipment.   
               R.  "Maintenance of Equipment."  All equipment in service  
and  all  mechanisms  and  devices  attached  thereto  or  used  in  
connection  therewith  shall  continuously  be  maintained  in  proper  
operating condition throughout the period of such service.   
               S.  "Product Storage Identification."  The fill connection for  
any petroleum product storage tank or vessel supplying retail motor  
fuel devices shall be permanently, plainly, and visibly marked as to  
product contained.  When the fill connection device is marked by  
means of color code, the color key shall be conspicuously displayed at  
the place of business.  
R70-940-3.  Labels.  
               All motor fuel kept, offered or exposed for sale or sold  
containing at least one percent by volume ethanol must be labeled in a  
prominent,  conspicuous  manner,"  "This  fuel  contains  up  to  10%  
ETHANOL".  
               A.  Letters on the label must be at least 1 1/2 inches high  
and in contrasting colors.  
               B.  Labels must be located on the face of each dispenser  
near the area designating the grade of the product.   R70-940-4.  Preparation.   
               All  storage  tanks  and  equipment  must  be  purged  and  
cleansed before using methanol, ethanol or ether blend motor fuels.   
R70-940-5.  Water Content.   
               All storage tanks must be kept free from water content.   
R70-940-6.  Bill of Lading.   
               Bulk sales of all motor fuels shall be accompanied by a  
copy  of  the  bill  of  lading  and  a  delivery  ticket  containing  the  
following information:  
               A.  Name and address of the vendor and purchaser.   
               B.  Date delivered.  
               C.  Quantity delivered and the quantity upon which the  
price is based.  
               D.  Identification of the product sold, including grade and  
indicating the percent of methanol, ethanol or ethers in the blend.   
               E.  The above information must be available at each retail  
outlet and furnished to the inspector upon request.   
R70-940-7.  Blending.  
               A.  Blending of motor fuels will be done only at facilities  
equipped to accurately measure the products to be blended.  The  
finished blend must meet the requirements of octane, vapor pressure,  
distillation, and other standards as outlined by ASTM.   
               (1)  The Department may issue a temporary approval for the  
blending of gasoline and ethanol provided that the operator has a  
Department-approved plan in place to assure the blended product  
meets the referenced requirements.  The temporary approval shall not  
exceed 12 months.  
               B.  At retail locations, a separate fixed tank or a method  
approved by the Utah State Department of Agriculture and Food shall  
be used for blending the "methanol or ethanol-based fuel" into the  
gasoline.  
R70-940-8.  Fuel Shortage.   
               The Commissioner of Agriculture and Food may waive the  
standard in R70-940-2(C)for a county if there is sufficient evidence  
that a motor fuel shortage is imminent and the standard is determined  
to be a primary cause.]
                 (1)    Promulgated and enforced by authorities outlined in   
Utah Code, Title 4 Chapter 33 Motor Fuel Inspection Act.
                 (2)  Scope:  This rule establishes motor fuel performance   
specifications  and  monitoring  standards  to  ensure  consumer  
confidence in fuel quality.
R70-940-2.  Standards.
                 (1)  Gasoline and gasoline-ethanol blends shall have a   
minimum Anti-Knock Index (AKI) of 85.
                 (2)   The  Department  adopts  by  reference  motor  fuel   
regulations outlined in the 2017 version of NIST Handbook 130;  
"Uniform Laws and Regulations in the area of legal metrology and  
engine fuel quality", Chapter IV , Part G, "Uniform Engine Fuels and  
Automotive Lubricants Regulation" with the following exceptions:
                 (a)   Section  2.1.1,  the  Department  adopts  ASTM   
specification  D4814-17,  "Standard  Specification  for  Automotive  
Spark-Ignition Engine Fuel".
8 UTAH STATE BULLETIN , January 15, 2018, V ol. 2018, No. 2DAR File No. 42422 NOTICES OF PROPOSED RULES
                 (b)   Section  2.1.2,  Gasoline-Ethanol  blends  shall  not   
exceed ASTM D4814-17 Table 1 vapor pressure limits by more  
than:
                 (i)  1.0 psi, when gasoline-ethanol blends contain nine to   
ten volume percent ethanol from June 1st through Sept 15th.
                 (ii)  1.0 psi, when gasoline-ethanol blends contain one up   
to and including fifteen volume percent ethanol for volatility classes  
A, B, C, and D from September 16th through May 31st.
                 (iii)  0.5 psi, for gasoline-ethanol blends containing one   
up to and including fifteen volume percent ethanol for volatility  
class E from September 16th through May 31st.
                 (iv)  Vapor pressure exceptions will remain in effect until   
ASTM incorporates changes to the vapor pressure maximums for  
gasoline-ethanol blends.
                 (c)   Section  2.2,  the  Department  adopts  by  reference   
ASTM D975-17 "Standard Specification for Diesel Fuel Oils".
                 (d)  Section 4.4.2, If the standard color code is adopted,   
no color key posting is required
R70-940-3.  Storage Tank Preparation.
                 (1)  Retail storage tanks and equipment must be cleaned   
and purged prior to first introduction of fuel meant for sale or,
                 (2)  Purged when switching from one type or grade of fuel   
to another.
                 (3)  Access to the bottom of a retail storage tank shall   
remain unobstructed such that any phase separated water content  
may be measured or detected from the fill connection.
R70-940-4.  Certification, Documentation, and Labeling.
                 (1)  Certification and documentation of motor fuels shall   
be made in accordance with 16CFR Part 306, "Automotive Fuel  
Ratings, Certification, and Posting".
                 (2)   Labeling  shall  be  regulated  in  accordance  with   
requirements in the 2017 version of NIST Handbook 130; "Uniform  
Laws and Regulations in the area of legal metrology and engine fuel  
quality",  Chapter  IV,  Part  G,  "Uniform  Engine  Fuels  and  
Automotive Lubricants Regulation".
KEY:  inspections, motor fuel
Date of Enactment or Last Substantive Amendment:  [ December 
23, 2010]2018  
Notice of Continuation:  August 2, 2016
Authorizing, and Implemented or Interpreted Law:  4-33-4
Health, Family Health and  
Preparedness, Licensing
R432-2-5
Requirements for a Satellite Service  
Operation
NOTICE OF PROPOSED RULE
(Amendment)
DAR FILE NO.:  42397
FILED:  12/18/2017RULE ANALYSIS
PURPOSE  OF  THE  RULE  OR  REASON  FOR  THE  
CHANGE:  The purpose of this amendment is to allow for  
healthcare  corporations,  that own  more than  one licensed  
hospital  in  Utah,  to  have  up  to  two  satellite  freestanding  
emergency departments attached to one hospital, but not to  
exceed  the  number  of  licensed  hospitals  the  healthcare  
corporation owns.  The Health Facility Committee reviewed  
and approved this rule amendment on 11/08/2017.
SUMMARY OF THE RULE OR CHANGE:  The purpose of  
this amendment is to allow for healthcare corporations, that  
own more than one licensed hospital in Utah, to have up to  
two satellite freestanding emergency departments attached to  
one  hospital,  but  not  to  exceed  the  number  of  licensed  
hospitals the healthcare corporation owns.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR  
THIS RULE:  Title 26, Chapter 21
ANTICIPATED COST OR SAVINGS TO:
♦ THE STATE BUDGET:  State government hospital licensing  
process  was  thoroughly  reviewed.   This  proposed  rule  
amendment  will  not  change  how  many  total  satellite  
emergency departments can be licensed in Utah, therefore,  
the proposed rule amendment is not expected to impact state  
revenues or expenditures.
♦  LOCAL  GOVERNMENTS:   Local  governments  city  
business  licensing  requirements  were  considered.   This  
proposed rule amendment will not change how many total  
satellite  emergency departments  can  be licensed  in  Utah,  
therefore, the proposed rule is not expected to impact local  
government's revenues or expenditures.
♦  SMALL  BUSINESSES:   After  conducting  a  thorough  
analysis,  it  was  determined  that  this  proposed  rule  
amendment  will  not  result  in  a  fiscal  impact  to  small  
businesses budgets because all licensed hospitals in Utah  
employ more than 50 people.
♦  PERSONS  OTHER  THAN  SMALL  BUSINESSES,  
BUSINESSES,  OR  LOCAL  GOVERNMENTAL  ENTITIES:  
This rule amendment could lead to a benefit for healthcare  
corporations that own more than one licensed hospital as it  
may provide greater flexibility as to the placement of satellite  
emergency departments, however, with all the variables, this  
is an inestimable benefit. Individuals in need of emergency  
department  services  may  benefit  from  having  a  satellite  
emergency department in their area.  This possibly could lead  
to  better  outcomes from  serious  emergency health  issues  
which may lead to lower health costs in the future, however,  
with all the variables, this is an inestimable benefit.  There  
would be no anticipated increased cost for health insurance  
companies. Better outcomes from serious emergency health  
issues  may  lead  to  lower  costs  for  health  insurance  
companies in the future, however, with all the variables, this  
also is an inestimable benefit.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  After  
conducting a thorough analysis, it was determined that this  
proposed rule amendment will not result in a fiscal impact to  
UTAH STATE BULLETIN , January 15, 2018, V ol. 2018, No. 2 9