Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-662 - Weights and measures-National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations › Section 16-662-115 - Modifications to NIST Handbook 130

Current through Register Vol. 24-14, July 15, 2024
(1) WSDA adopts the following modifications
				to the listed sections of the
Uniform Regulation for the Method of Sale
				of Commodities
requirements published in
NIST Handbook
				130
, identified in WAC
				16-662-105(3)(b):
Modified Section:
Modification:
Section 2.20.1. Method of Retail Sale
Modify the existing text in section 2.20.1
						  with the following: "Type of Oxygenate must be Disclosed.
(a) 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.
							 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." In addition, gasoline-methanol blend fuels containing more
							 than 0.15 mass percent oxygen from methanol shall be identified as "with" or
							 "containing" methanol.
(b) Methanol at one percent or greater, by volume, in
							 gasoline for use as motor vehicle fuel must be labeled with the maximum
							 percentage of methanol contained in the motor vehicle fuel.
(c) Gasoline-ethanol blend fuels containing not more
							 than ten per-cent ethanol by volume, must be labeled "Contains up to 10%
							 Ethanol."
(d) This information shall be posted on the upper
							 fifty percent of the dispenser front panel in a position clear and conspicuous
							 from the driver's position in a type at least 12.7 mm (1/2 in.) in height, 1.5
							 mm (1/16 in.) stroke (width of type)."
Section 2.23.2. Animal Bedding
Modify the existing text to add: "2.23.2.
						  Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. As used in
						  this subsection, "unit" means a standard volume equal to 200 cubic feet. When
						  advertised, offered for sale, or sold within Washington state, quantity
						  representations for sawdust, barkdust, decorative wood particles, and similar
						  loose bulk materials must be in cubic measures or units and fractions thereof."
Section 2.30.2. Labeling Requirements
Modify the existing text to add: Eth-anol
						  flex fuel identification and labeling must be done in accordance with 16 C.F.R.
						  Part 306.
Section 2.31.2. Labeling of Retail
						  Dispensers
Modify the existing text to add the
						  following: "2.31.2.5. Labeling of Retail Dispensers Containing Not More Than 5%
						  Biodiesel.
(a) Each retail dispenser of bio-diesel or biodiesel
							 blend containing not more than five percent bio-diesel must be labeled "May
							 contain up to 5% Biodiesel."
(b) 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 (1/2 in.) in height, 1.5 mm (1/16
							 in.) stroke (width of type)."
Modify the existing text to add the following:
							 "2.31.2.6. Labeling of Retail Dispensers Containing More Than 5%
							 Biodiesel.
(a) Each retail dispenser of bio-diesel or biodiesel
							 blend containing more than five percent bio-diesel must be labeled with the
							 capital letter B followed by the numerical value representing the volume
							 percentage of biodiesel fuel and ending with either "bio-diesel" or "biodiesel
							 blend" (examples: B100 Biodiesel; B60 Biodiesel Blend).
(b) 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 (1/2 in.) in height, 1.5 mm (1/16
							 in.) stroke (width of type)."
Section 2.31.4. Exemption
Modify the existing text to delete section
						  2.31.4.
Section 2.34. Retail Sales of Electricity
						  Sold as a Vehicle Fuel
Modify the existing text to delete section
						  2.34.
(2)
				WSDA adopts the following modifications to the listed sections of the
Uniform Engine Fuels and Automotive Lubricants Regulation
requirements published in
NIST Handbook 130
, identified in WAC
				16-662-105(3)(d):
Modified Section:
Modification:
Section 2.1.2. Gasoline-Ethanol Blends
Replace the existing text in section 2.1.2
						  with the following: "When gasoline is blended with 1 to 10 volume percent
						  ethanol, the ethanol shall meet the requirements of ASTM D4806 and either:
(a) The base gasoline used for blending with ethanol
							 shall meet the requirements of ASTM D4814; except that the base gasoline shall
							 meet the minimum temperature for a Vapor-Liquid Ratio of 20 for the applicable
							 vapor lock protection class as follows:
(1) Class 1 shall be 60°C (140°F)
(2) Class 2 shall be 56°C (133°F)
(3) Class 3 shall be 51°C (124°F)
(4) Class 4 shall be 47°C (116°F)
(5) Class 5 shall be 41°C (105°F)
or
(b) The blend shall meet the requirements of ASTM
							 D4814."
Modify the existing text to add the following:
							 "2.1.2.1. Maximum Vapor Pressure. The maximum vapor pressure of a
							 gasoline-ethanol blend shall not exceed ASTM D4814 limits by more than 1.0 psi
							 for:
(a) Only 9 to 10 volume percent ethanol blends from
							 June 1 through September 15.
(b) All blends of 1 to 10 volume percent ethanol from
							 September 16 through May 31."
Section 3.2.6. Method of Retail Sale
Modify the existing text in section 3.2.6
						  with the following: "Type of Oxygenate must be Disclosed.
(a) 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.
							 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." In addition, gasoline-methanol blend fuels containing more
							 than 0.15 mass percent oxygen from methanol shall be identified as "with" or
							 "containing" methanol.
(b) Methanol at one percent or greater, by volume, in
							 gasoline for use as motor vehicle fuel must be labeled with the maximum
							 percentage of methanol contained in the motor vehicle fuel.
(c) Gasoline-ethanol blend fuels containing not more
							 than ten percent, by volume, must be labeled "Contains up to 10%
							 Ethanol."
(d) 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 (1/2 in.) in height, 1.5 mm (1/16
							 in.) stroke (width of type)."
Section 3.8.2. Labeling Requirements
Modify the existing text to add: Eth-anol
						  flex fuel identification and labeling shall be in accordance with 16 C.F.R.
						  Part 306.
Section 3.9.2. Retail Dispenser Labeling
Modify the existing text in section 3.9.2
						  to add: "(c) Each retail dispenser of fuel methanol shall be labeled by the
						  capital letter M followed by the numerical value maximum volume percent and
						  ending with the word "Methanol." (Example: M85 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
						  (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of type)."
Section 3.15.2. Labeling of Retail
						  Dispensers
Modify the existing text in subsection
						  3.15.2 to add: "3.15.2.5. Labeling of Retail Dispensers Containing Not More
						  Than 5% Biodiesel. Each retail dispenser of biodiesel blend containing not more
						  than five percent biodiesel must be labeled "May contain up to 5% Biodiesel.""
						  Modify the existing text in subsection 3.15.2 to add: "3.15.2.6. Labeling of
						  Retail Dispensers Containing More Than 5% Biodiesel. Each retail dispenser of
						  biodiesel or biodiesel blend containing more than five percent biodiesel must
						  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)." Modify the existing text in subsection 3.15.2 to add: "3.15.2.7.
						  Placement of label. Labels 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 (1/2 in.) in height, 1.5 mm (1/16 in.) stroke (width of
						  type)."
Section 3.15.4. Exemption
Delete section 3.15.4.
(3)
				WSDA adopts the following modifications to the listed sections of the Uniform
				Regulation for National Type Evaluation requirements published in
NIST
				Handbook 130
, identified in WAC
				16-662-105(3)(e):
Modified Section:
Modification:
Section 2.3. Director
Modify the existing text in section 2.3
						  with the following: "Director -Means the director of the Washington state
						  department of agriculture."
Section 4. Prohibited Acts and Exemptions
Modify the existing text in subsection (c)
						  with the following: "A device in service in this state prior to July 5, 1997,
						  that meets the specifications, tolerances, and other technical requirements of
						  the
National Institute of Standards and Technology Handbook 44
shall not be required to be traceable to an active CC."
Modify the existing text in subsection (d)
						  with the following: "A device in service in this state prior to July 5, 1997,
						  removed from service by the owner or on which the department has issued a
						  removal order after July 5, 1997, and returned to service at a later date shall
						  be modified to meet all specifications, tolerances, and other technical
						  requirements of the National Institute of Standards and Technology Handbook 44
						  effective on the date of the return to service. Such a device shall not be
						  required to be traceable to an active CC." Modify the existing text in
						  subsection (e) with the following: "A device in service in this state prior to
						  July 5, 1997, which is repaired after such date shall meet the specifications,
						  tolerances, and other technical requirements of the National Institute of
						  Standards and Technology Handbook 44 and shall not be required to be traceable
						  to an active CC." Modify the existing text in subsection (f) with the
						  following: "A device in service in this state prior to July 5, 1997, that is
						  still in use may be installed at another location in this state provided the
						  device meets requirements in effect as of the date of installation in the new
						  location; however, the device shall not be required to be traceable to an
						  active CC."
Modify the existing text in subsection (g)
						  with the following: "A device in service in another state prior to July 5,
						  1997, may be installed in this state; however, the device shall meet the
						  specifications, tolerances, and other technical requirements for weighing and
						  measuring devices in the National Institute of Standards and Technology
						  Handbook 44 and be traceable to an active CC."
Section 5. Participating Laboratory and
						  Agreements
Modify the existing text to delete section
						  5.
Section 6. Revocation of Conflicting
						  Regulations
Modify the existing text to delete section
						  6.
Section 7. Effective Date
Modify the existing text to delete section
						  7.
Statutory Authority:
					 RCW
					 19.94.190,
					 19.112.020,
					 19.112.140 and
					 chapter
					 34.05 RCW. 13-03-054,
					 § 16-662-115, filed 1/11/13, effective 2/11/13; 12-08-041, §
					 16-662-115, filed 3/30/12, effective 4/30/12. Statutory Authority: Chapters
					 19.94, 19.112,
					 34.05 RCW, and 2010 c 96 .
					 10-18-088, § 16-662-115, filed 9/1/10, effective 10/2/10. Statutory
					 Authority: Chapters 19.94, 19.112, and
					 34.05 RCW. 09-19-007, §
					 16-662-115, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters
					 19.112 and
					 34.05 RCW. 07-05-083, §
					 16-662-115, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters
					 19.94 and 34.05 RCW.
					 05-10-088, § 16-662-115, filed 5/4/05, effective 6/4/05; 03-08-017, §
					 16-662-115, filed 3/25/03, effective 4/25/03. Statutory Authority:
					 RCW
					 19.94.195. 98-13-072, § 16-662-115,
					 filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW.
					 97-12-075, § 16-662-115, filed 6/4/97, effective
					 7/5/97.