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Maine One-Pager (State's Fuel Quality Regulation) |
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Department |
ME Department of Agriculture
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NCWM Region |
NEWMA
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Primary Contact |
Steve Giguere
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Last Modified |
08/29/13
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Phone |
(207) 287-3841
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Email |
steve.giguere@maine.gov
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What's needed for a
successful program?
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Maine adopted the Uniform Engine Fuels and Automotive Lubricants Regulation in NIST Handbook 130 for motor fuels in the state effective September 09, therefore adopting ASTM D 6751 for B100, ASTM D 7467 for B6-B20 and ASTM D 975 for B1-B5. Now what is needed is resources to conduct a proactive biodiesel quality compliance testing program.
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| AUTHORITY |
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Fuel Authority
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Regulatory (state regulations); Statutory (enacted legislation)
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Statutory/Regulatory Citation
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The following section was added to 10 M.R.S.A Chapter 501 Title 10 Commerce & Trade; Part 3 Regulation of fuel; CH 215 Motor Fuel Distribution & Sales. §2631. Conformity to national engine fuels and automotive lubricants regulations: The engine fuel and automotive lubricants requirements, as adopted by the National Conference on Weights & Measures and Published in the National Institute of Standards and Technology, “Uniform Engine Fuels and Automotive Lubricants Regulation,” and supplements or revisions of that publication, shall apply to any internal combustion engine fuels, lubricating oils or other similar products stored, sold, distributed, transported, exposed for sale or offered for sale, distribution or transportation in the State of Maine, except insofar as specifically modified, amended or rejected by a regulation issued by the state sealer.
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| ADOPTED FUEL SPECIFICATIONS |
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Fuels Currently Regulated |
Biodiesel-Blends_yes; B100-Biodiesel_yes; Diesel Fuel_yes
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Fuel Specifications
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Diesel Fuel_ASTM D975; B100-Biodiesel_ASTM D6751; B1-5 Biodiesel-Blends_ASTM D975; B6-B20 Biodiesel-Blends_ASTM D7467
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Other Specifications |
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If no spec - plan to adopt
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Process to Adopt Specifications
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Legislative Process; Administrative Rulemaking
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ASTM-Rev Adopted |
periodic - adopt & update per set schedule (e.g. annually) The statute provides for automatic adoption of fuels found in the latest version of HB 130 if there is no exception made by the state sealer. If updates of ASTM specifications are provided for in the latest version of HB 130 then those ASTM versions would be adopted.
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| TESTING PROGRAMS |
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Proactive Tests
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Do not proactively test
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Reactive Test Circumstance
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Upon complaint.
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Fuel Test Performed
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Where Sampled
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Retailer
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Where Tested
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Out-Sourced
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Penalties
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An owner or lessee of a primary storage facility who supplies false or misleading information commits a civil violation for which a fine of $2,500 may be adjudged. [2003, c. 452, Pt. A, ?3 (new); Pt. X, ?2 (aff).] [2003, c. 452, Pt. A, ?3 (rpr); Pt. X, ?2 (aff).]
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| REPORTING
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How to Report
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Section 1456. Legal and equitable remedies
1. Suit. If a franchisor or distributor engages in conduct prohibited under this chapter, a franchisee or a distributor may maintain a suit against such franchisor or distributor. [1975, c. 549 (new).]
2. Court action. The court shall grant such equitable relief as is necessary to remedy the effects of conduct prohibited under this chapter, which it finds to exist, including declaratory judgment and mandatory or prohibitive injunctive relief. The court may grant interim equitable relief, and actual and punitive damages where indicated, in suits under this chapter and may, unless such suit is frivolous, direct that costs, reasonable attorney and expert witness fees be paid by the franchisor. [1975, c. 549 (new).]
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| PRODUCT INDENTIFICATION REQUIREMENTS
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Dispenser Labeling
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Requirements are automatically adopted by reference from the latest version of HB130 for both the method of sale regulation and fuel and lubricant regulation. EPA and FTC decals are required, biodiesel blends up to 5% may be sold as a diesel fuel, blends greater than 5% up to 20% as well as blends greater than 20% may be sold as Bxx Biodiesel Blend where xx is the biodiesel percentage in the blend. There is also the requirement to label the dispenser with the statement “Consult Vehicle Manufacturer Fuel Recommendations”for Biodiesel Blends greater than 20%. |
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| NOTES |
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