Chapter 901:6-5 Retail Sales of Motor Fuel

901:6-5-01 Definitions.

(A) "Biodiesel" means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated as defined by the latest revision of ASTM D6751.

(B) "Biodiesel blend" means a fuel comprised of a blend of biodiesel fuel with petroleum- based diesel fuel, designated BXX depending on the percentage of biodiesel fuel in the blend. In the abbreviation BXX, (e.g., B20) represents the volume percentage of biodiesel fuel in the blend.

(C) "Compressed natural gas" means natural gas which has been compressed and dispensed into fuel storage containers and is suitable for use as a motor fuel.

(D) "Diesel exhaust fluid" means a preparation of aqueous urea [(NH2)2CO], containing 32.5 per cent by mass of technically-pure urea in high-purity water.

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

(F) "Diesel gallon equivalent (DGE)" means 6.384 pounds of compressed natural gas or 6.059 pounds of liquefied natural gas.

(G) "Electric vehicle" means an automobile that is propelled by one or more electric motors using electrical energy stored in rechargeable batteries or another energy storage device.

(H) "Ethanol" also known as "ethyl alcohol" means an ethanol blend component for use in gasoline-ethanol blends and ethanol flex fuel.

(I) "Ethanol flex fuel" means a blend of ethanol and hydrocarbons restricted for use as fuel in ground vehicles equipped with flexible fuel spark ignition engines. In the abbreviation EXX, (e.g., E20) represents the volume percentage of ethanol fuel in the blend.

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

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

(L) "Gasoline gallon equivalent (GGE)" means 5.660 pounds of compressed natural gas.

(M) "Gasoline liter equivalent (GLE)" means 0.678 kilograms or 1.495 pounds of compressed natural gas.

(N) "Hydrogen fuel" means a fuel composed of molecular hydrogen intended for consumption in a surface vehicle or electricity production device with an internal combustion engine or fuel cell.

(O) "Internal combustion engine" means a device used to generate power by converting chemical energy bound in the fuel via spark-ignition or compression ignition combustion into mechanical work to power a vehicle or other device.

(P) "Liquefied natural gas (LNG)" means natural gas that has been liquefied at minus one hundred sixty-two degrees Celsius or two hundred sixty degrees Fahrenheit and stored in insulated cryogenic fuel storage tanks for use as a motor fuel.

(Q) "Liquefied petroleum gas" means a mixture of normally gaseous hydrocarbons, predominantly propane, butane, or both, that has been liquefied by compression, cooling, or both to facilitate storage, transport, and handling.

(R) "Motor fuel" means liquid used as fuel for internal combustion engines or electrical energy used to power electrical vehicles.

(S) "Natural gas" means a gaseous fuel, composed primarily of methane, that is suitable for compression and dispensing into fuel storage containers for use as a motor fuel.

(T) "Street sign" means a displayed structure bearing letters and symbols used to advertise the retail sale of motor fuel.

Replaces: 901:6-5-01

Effective: 2/15/2018
Five Year Review (FYR) Dates: 02/15/2023
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 09/08/1979

901:6-5-02 Retail Sale of Fuels.

(A) Street signage is not required. However, when street signage is used, the sign shall match the product and the price at which the product is displayed.

(1) In the event of a pre or post delivery discount, the highest price available to all consumers shall be posted.

(2) In the event the price is determined by a qualifier, the qualifier must be on the street sign, such as cash or credit, using the highest price available to all consumers.

(3) In the event of a price increase, the price must be changed on the sign prior to the pump, if not simultaneously.

(4) In the event of a price decrease, the price must be changed on the pump prior to the sign, if not simultaneously.

(B) Each retail motor fuel metering device shall:

(1) Display the unit price;

(2) Display the product identity by name, symbol, abbreviation, or code number;

(3) Indicate the amount of fuel delivered during a single retail transaction; and

(4) Indicate the total selling price for a single retail transaction.

(C) Ethanol flex fuel shall be identified as "Ethanol Flex Fuel or EXX Flex Fuel" and shall be labeled in accordance with 16 C.F.R. Part 306 (2016).

(D) Biodiesel shall be identified as "Biodiesel" with the designation B100. Biodiesel blends shall be identified by the term "Biodiesel Blend." However, biodiesel blends that contain less than or equal to five per cent biodiesel by volume are exempt from these requirements. Biodiesel and biodiesel blends shall be labeled with its automotive fuel rating in accordance with 16 C.F.R. Part 306 (2016).

(E) Liquefied petroleum gas.

(1) Liquefied petroleum gas shall be kept, offered, exposed for sale, or sold by one of the following measurements:

(a) Pound;

(b) Metered cubic foot of vapor which is defined as one cubic foot at sixty degrees Fahrenheit or 15.6 degrees Celsius; or

(c) Gallon which is defined as two hundred thirty one cubic inch at sixty degrees Fahrenheit or 15.6 degrees Celsius.

(2) All metered sales by the gallon, except those using meters with a maximum rated capacity of twenty gallons per minute or less, shall be accomplished by use of a meter and device that automatically compensates for temperature.

(F) All compressed natural gas kept, offered, or exposed for sale and sold at retail as a motor fuel shall be measured in terms of mass and indicated in the gasoline gallon equivalents GGE, Diesel gallon equivalents DGE units or mass.

(1) All retail compressed natural gas dispensers shall be labeled with the equivalent conversion factor in terms of pounds. The label shall be permanently and conspicuously displayed on the face of the dispenser and shall have the statement one gasoline gallon equivalent GGE means 5.660 pounds of compressed natural gas or one diesel gallon equivalent DGE means 6.384 pounds of compressed natural gas consistent with the method of sale used.

(2) The unit price must be in terms of price per GGE and DGE in whole cents, for example 1.00 dollar per GGE and DGE or in mass consistent with the method of sale.

(3) All liquefied natural gas kept, offered, or exposed for sale and sold at retail as a motor fuel shall be measured in mass and indicated in diesel gallon equivalent DGE or units of mass.

(4) All retail liquefied natural gas dispensers shall be labeled with the equivalent conversion factor in terms of pounds. The label shall be permanently and conspicuously displayed on the fact of the dispenser and shall have the statement one diesel gallon equivalent DGE means 6.059 of liquefied natural gas.

(G) Hydrogen fuel kept, offered, or exposed for sale and sold at retail shall be in mass units in terms of kilogram. The symbol for hydrogen motor fuel shall be in the capital letter "H." The word "hydrogen" may also be used.

(1) The computing dispenser must display the unit price in whole cents on the basis of price per kilogram.

(2) The service pressures of the dispenser and street signage or advertisement must be conspicuously shown on the user interface in bar or the SI unit of pascal in terms of whole units.

(3) The product identity must be shown in a conspicuous location on the dispenser.

(4) The labeling of hydrogen must comply with the National Fire Protection Association labeling requirements located at www.nfpa.org and the labeling requirements under 16 C.F.R. 309 (2013).

(H) Electrical energy kept, offered, or exposed for sale and sold at retail as a motor fuel shall be in units in terms of the megajoule or kilowatt per hour.

(1) All computing electric vehicle supply equipment shall display the unit price in whole cents or tenths of one cent on the basis of price per megajoule or kilowatt per hour.

(a) In addition to the fee assessed for the quantity of electrical energy sold, fees may be assessed for other services; such fees may be based on time measurement and/or a fixed fee. Where fees will be assessed for other services in direct connection with the fueling of the vehicle, such as fees based on time measurement or a fixed fee, the additional fee shall be displayed.

(b) If electrical energy is unlimited or free of charge, this fact must be clearly indicated in place of the unit price.

(2) Where more than one electrical energy unit price may apply over the duration of a single transaction, the terms and conditions that will determine each unit price and when each unit price will apply must be clearly displayed.

(3) For fixed service applications, the following information shall be conspicuously displayed or posted on the face of the device:

(a) The level of electrical vehicle service expressed as the nominal power transfer, such as the nominal rate of electrical energy transfer, and

(b) The type of electrical energy transfer.

(4) For variable service applications, the following information shall be conspicuously displayed or posted on the face of the device:

(a) The type of delivery;

(b) The minimum and maximum power transfer that can occur during a transaction, including whether service can be reduced to zero;

(c) The condition under which variations in electrical energy transfer will occur; and

(d) The type of electrical energy transfer.

(5) The electrical vehicle supply equipment shall be labeled in accordance with the National Electric Code NFPA 70, Article 625 available at www.nfpa.org and in accordance with 16 C.F.R. 309 (2013).

(I) Diesel exhaust fluid shall be sold in terms of volumetric measure or by mass.

Effective: 2/15/2018
Five Year Review (FYR) Dates: 02/15/2023
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50