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Massachusetts One-Pager (State's Fuel Quality Regulation)
  Department
MA Division of Standards
  NCWM Region
NEWMA
 
  Primary Contact
Charles H. Carroll
  Last Modified 09/21/12  
  Phone
(617) 727-3480 x21131
 
  Email
charles.carroll@state.ma.us
 
  What's needed for a
successful program?
 Regulations are being developed to implement the Clean Energy Biofuels Act and definitions of biodiesel follow the EPA definitions of ASTM D 6751. The DOER published an interim rule on the 2% mandate which is scheduled to be implemented July 1, 2010. The final rule will not be put into place until the end of 2009. Once the rule is finalized a process defining implementation of a biodiesel quality enforcement program will need to be developed.  
AUTHORITY
  Fuel Authority
Statutory (enacted legislation)
 
  Statutory/Regulatory Citation
Chapter 206 of the Acts of 2008: The Clean Energy Biofuels Act passed on 7/28/08 defines “Diesel substitute fuel”, as fuel that is derived predominantly from renewable biomass; that meets American Society for Testing and Materials specifications for use in diesel engines, or that meets such other quality certification standards as are approved by the department for the application involved. For diesel substitute fuel used in on-road motor vehicles, the fuel shall meet the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under section 211C of the Clean Air Act, 42 USC section 7545.
 
ADOPTED FUEL SPECIFICATIONS
  Fuels Currently Regulated
B100-Biodiesel_no; Biodiesel-Blends_no; Diesel Fuel_yes
 
  Fuel Specifications
PetroDiesel_ASTM D975; B100_ASTM D6751; B1-B5_ASTM D975; B6-B20 ASTM D7467
 
  Other Specifications  
  If no spec - plan to adopt Regulations are being written by the Department of Energy Resources to implement the legislative mandate.  
  Process to Adopt Specifications
Administrative Rulemaking
 
  ASTM-Rev Adopted
not automatic - use earlier revision, til law / regulations revised
 
TESTING PROGRAMS
  Proactive Tests
Petroleum Diesel
 
  Reactive Test Circumstance
If a consumer complained, then the Division of Standards could go back to the distributor and the processor to have them prove what specification fuel was sold.
 
  Fuel Test Performed
- Visual; - Water & Sediment
 
  Where Sampled
Retailer
 
  Where Tested
Out-Sourced
 
  Penalties
Up to $1,000 dollars
 
REPORTING
  How to Report Consumer would call the number on the pump sticker: 617-727-3480 which is the office of the MA Division of Standards. This office would then refer the individual to Chapter 93a of the Consumer Protection Law which states that the seller of fuels must sell what he advertises or is in violation of the law.
PRODUCT INDENTIFICATION REQUIREMENTS
 
  Dispenser Labeling FTC requirements for blends up to 5%, 6%-20% and greater than 20% biodiesel are referenced, mirrored and enforced.
 
NOTES