South Carolina Code of Regulations
Chapter 5 - DEPARTMENT OF AGRICULTURE
Article 10 - PETROLEUM PRODUCTS
Section 5-446 - Classification and Method of Sale of Petroleum Products

Universal Citation: SC Code Regs 5-446

Current through Register Vol. 47, No. 12, December 22, 2023

1. General Considerations.

A. Documentation - When gasoline, gasoline-oxygenate blends, reformulated gasoline, M85 and M100 fuel methanol, E85 and E100 fuel ethanol, liquefied petroleum (LP) gases, compressed natural gas, liquefied natural gas, biodiesel, diesel fuel, kerosene, aviation gasoline, aviation turbine fuels, or fuel oils are sold, an invoice, bill of lading, shipping paper or other documentation must accompany each delivery other than a retail sale. This document must identify the quantity, the name of the product, the particular grade of the product, the applicable automotive fuel rating, and oxygenate type and content (if applicable), the name and address of the seller and buyer, and the date and time of the sale. Documentation must be retained at the retail establishment for a period not less than 1 year.

B. Retail Dispenser Labeling - All retail dispensing devices must identify conspicuously the type of product, the particular grade of the product, and the applicable automotive fuel rating.

C. Grade Name - The sale of any product under any grade name that indicates to the purchaser that it is of a certain automotive fuel rating or ASTM grade shall not be permitted unless the automotive fuel rating or grade indicated in the grade name is consistent with the value and meets the requirements of Regulation Regulation 5-445, Standard Fuel Specifications.

2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends.

A. Posting of Antiknock Index Required - All automotive gasoline and automotive gasoline-oxygenate blends shall post the antiknock index in accordance with applicable regulations, 16 CFR Part 306 issued pursuant to the Petroleum Marketing Practices Act, as amended.

B. When the Term "Leaded" may be Used - The term "leaded" shall only be used when the fuel meets specification requirements of regulation 5-445(1)(E)above.

C. Use of Lead Substitute must be Disclosed - Each dispensing device from which gasoline or gasoline-oxygenate blends containing a lead substitute is dispensed shall display the following legend: "Contains Lead Substitute." The lettering of this legend shall not be less than 12 mm (1/2 in) in height and the color of the lettering shall be in definite contrast to the background color to which it is applied.

D. Nozzle Requirements for Leaded Fuel - Each dispensing device from which gasoline or gasoline-oxygenate blends that contain lead in amounts sufficient to be considered "leaded" gasoline, or lead substitute engine fuel, is sold shall be equipped with a nozzle spout having a terminal end with an outside diameter of not less than 23.63 mm (0.930 in).

E. Prohibition of Terms - It is prohibited to use specific terms to describe a grade of gasoline or gasoline-oxygenate blend unless it meets the minimum antiknock index requirement shown in Table 1.

F. Method of Retail Sale - Type of Oxygenate must be Disclosed - 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. For example, the label may read "contains ethanol" or "with methyl tertiary-butyl ether (MTBE)." 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" or alternatively post the phrase "contains MTBE 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. 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, 1.5mm (1/16 in) stroke (width of type).

G. Documentation for Dispenser Labeling Purposes - The retailer shall be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentrations sufficient to yield an oxygen content of at least 1.5 mass percent in the fuel. Where mixtures of only ethers are present, the fuel supplier may identify either the predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass percent oxygen) or, alternatively, use the phrase "contains MTBE or other ethers." In addition, any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. This documentation is only for dispenser labeling purposes; it is the responsibility of any potential blender to determine the total oxygen content of the engine fuel before blending.

Table 1. Minimum Antiknock Index Requirements

Minimum Antiknock Index

Term

ASTM D 4814 Altitude Reduction Areas IV and V

All Other ASTM D 4814 Areas

Premium, Super, Supreme, High Test

90

91

Midgrade, Plus

87

89

Regular Leaded

86

88

Regular, Unleaded (alone)

85

87

Economy

--

86

3. Diesel Fuel.

A. Labeling of Grade Required - Diesel Fuel shall be identified by grades No. 1-D, No. 1-D (low sulfur), No. 2-D, No. 2-D (low sulfur), or No. 4-D. Each retail dispenser of diesel fuel shall be labeled according to the grade being dispensed except the words "low sulfur" are not required.

B. Location of Label - These labels shall be located 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 12mm (1/2in) in height, 1.5mm (1/16in) stroke (width of type).

C. Delivery Documentation - Before or at the time of delivery of premium diesel fuel, the retailer or the wholesale purchaser-consumer shall be provided on an invoice, bill of lading, shipping paper, or other documentation a declaration of all performance properties that qualifies the fuel as premium diesel fuel as required in regulation 5-445(1)(B).

4. Fuel Oils.

A. Labeling of Grade Required - Fuel Oil shall be identified by the grades of No. 1, No. 2, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6.

5. Kerosene (Kerosine).

A. Labeling of Grade Required - Kerosene shall be identified by the grades No. 1-K or No. 2-K.

B. Additional Labeling Requirements - Each retail dispenser of kerosene shall be labeled as 1-K Kerosene or 2-K. In addition, No. 2-K dispensers shall display the following legend: "Warning - Not Suitable For Use In Unvented Heaters Requiring No. 1-K." The lettering of this legend shall not be less than 12 mm (1/16 in) in height by 1.5 mm (1/16 in) stroke; block style letters and the color of lettering shall be in definite contrast to the background color to which it is applied.

6. Fuel Ethanol.

A. How to Identify Fuel Ethanol - Fuel ethanol shall be identified by the capital letter E followed by the numerical value volume percentage. (Example: E85)

B. Retail Dispenser Labeling - Each retail dispenser of fuel ethanol shall be labeled with the capital letter E followed by the numerical value volume percent denatured ethanol and ending with the word "ethanol." (Example: E85 Ethanol)

C. Additional Labeling Requirements - Fuel ethanol shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

7. Fuel Methanol.

A. How Fuel Methanol is to be Identified - Fuel methanol shall be identified by the capital letter M followed by the numerical value volume percentage of methanol. (Example: M85)

B. Retail Dispenser Labeling - Each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numerical value volume percent and ending with the word "methanol." (Example: M85 Methanol)

C. Additional Labeling Requirements - Fuel methanol shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

8. Biodiesel.

A. Identification of Product - Biodiesel and biodiesel blends shall be identified by the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel. (Examples: B10; B20; B100)

B. Labeling of Retail Dispensers Containing Between 5% and 20% Biodiesel - Each retail dispenser of biodiesel blend containing more than 5 % and up to and including 20 % biodiesel shall be labeled with either:
i. The capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with "biodiesel blend." (Examples: B10 biodiesel blend; B20 biodiesel blend); or

ii. The phrase "biodiesel blend between 5% and 20%" or similar words.

C. Labeling of Retail Dispensers Containing More Than 20% Biodiesel - Each retail dispenser of biodiesel or biodiesel blend containing more than 20% biodiesel shall 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).

D. Documentation for Dispenser Labeling Purposes - The retailer shall be provided, at the time of delivery of the fuel, with a declaration of the volume percent biodiesel on an invoice, bill of lading, shipping paper, or other document. This documentation is for dispenser labeling purposes only; it is the responsibility of any potential blender to determine the amount of biodiesel in the diesel fuel prior to blending.

E. Exemption. - Biodiesel blends containing 5% or less biodiesel by volume are exempted from the requirements of Part A of this section.

Added by State Register Volume 32, Issue No. 3, eff March 28, 2008.

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