PART 850 MOTOR FUEL AND PETROLEUM STANDARDS ACT : Sections Listing

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER s: MOTOR FUELS
PART 850 MOTOR FUEL AND PETROLEUM STANDARDS ACT

AUTHORITY: Implementing and authorized by the Motor Fuel and Petroleum Standards Act [815 ILCS 370].

SOURCE: Emergency rules adopted at 8 Ill. Reg. 1455, effective January 12, 1984; adopted at 8 Ill. Reg. 5993, effective April 23, 1984; amended at 9 Ill. Reg. 12711, effective August 6, 1985; amended at 14 Ill. Reg. 5072, effective March 26, 1990; emergency amendment at 28 Ill. Reg. 16352, effective December 1, 2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1886, effective January 24, 2005; amended at 29 Ill. Reg. 5372, effective April 1, 2005; emergency amendment at 34 Ill. Reg. 301, effective December 21, 2009, for a maximum of 150 days; amended at 34 Ill. Reg. 6050, effective April 19, 2010; emergency amendment at 34 Ill. Reg. 10532, effective July 8, 2010, for a maximum of 150 days; amended at 34 Ill. Reg. 19468, effective December 3, 2010; emergency amendment at 35 Ill. Reg. 5615, effective March 17, 2011, for a maximum of 150 days; amended at 35 Ill. Reg. 11241, effective July 1, 2011; emergency amendment at 36 Ill. Reg. 7330, effective May 1, 2012, for a maximum of 150 days; amended at 36 Ill. Reg. 14685, effective September 24, 2012; amended at 37 Ill. Reg. 14004, effective September 16, 2013; emergency amendment at 40 Ill. Reg. 7478, effective April 26, 2016, for a maximum of 150 days; amended at 40 Ill. Reg. 13600, effective September 16, 2016.

 

Section 850.10  Written Complaint Required

 

a)         A  complaint regarding motor fuel quality received by the Department via telephone, in writing or by e-mail  must be completed  before the Department will submit an official sample (a sample taken by a Department inspector) for laboratory analysis.

 

b)         The complainant shall provide the following information:

 

1)         Name and address of the complainant.

 

2)         Location where the product is to be sampled.

 

3)         Identification of product or products to be sampled.

 

4)         Description of complaint.

 

c)        After receiving a complaint, the Department shall investigate the matter, including sampling the product, if applicable, and send a written response to the complainant.

 

(Source:  Amended at 29 Ill. Reg. 1886, effective January 24, 2005)

 

Section 850.20  Access to Motor Fuels and Records

 

The Department is authorized to enter upon any public or private premises during regular business hours in order to have access to motor fuels. Collection of such samples is subject to Constitutional requirements.  Upon receipt of a complaint from a distributor or retailer, a copy of the invoice identifying that motor fuel shall be submitted to the Department.

 

Section 850.30  Responsibility for Standards of Quality

 

The last seller of the motor fuel to the complainant is responsible for the standards of quality of the motor fuel.

 

Section 850.40  Administrative, Laboratory and Sampling Fees

 

a)         The Department shall sample and test motor fuels to determine the quality of a motor fuel as follows:

 

1)         when there is a specific problem with a motor fuel within a locality;

 

2)         when there is a complaint against a specific product or products of a specific retail chain; or

 

3)         when there are several specific complaints against a specific product or products of a specific retailer.

 

4)         when there is a complaint from a consumer.

 

b)         When sampling and testing of motor fuel is performed by the Department as stated in Section 850.40(a) and if the motor fuel is found not to meet American Society for Testing and Materials designations, the last seller of the motor fuel shall be responsible to pay $350 for administrative, laboratory and sampling fees.

 

(Source:  Amended at 29 Ill. Reg. 1886, effective January 24, 2005)

 

Section 850.50  Label on Motor Fuel Dispensing Device

 

The label, which identifies the maximum percentage by volume of ethanol, methanol, and co-solvent in a motor fuel and which is required by Section 4.1 of the Motor Fuel Standards Act (Ill. Rev. Stat. 1987, ch. 5, par. 1704.1) to be affixed to the motor fuel dispensing device and visible to the customers, shall be located on the front or sides of the dispenser and within the top 30 percent of the height of the dispenser.  On a dual-faced dispenser, the label shall be affixed on each front or each side in accordance with the before stated requirements.

 

(Source:  Amended at 14 Ill. Reg. 5072, effective March 26, 1990)

 

Section 850.60  ASTM Standards

 

a)         The standards set forth in the Annual Book of ASTM Standards Section 5, Volumes 05.01, 05.02, 05.03, 05.04 and 05.05 and supplements thereto, and revisions thereof are adopted unless modified or rejected by a regulation adopted by the Department.  [815 ILCS 370/4]

 

b)         The effective date for the lubricity requirement contained in Table 1 (Detailed Requirements for Diesel Fuel Oils) of D 975-04b is extended until October 1, 2005.

 

c)         The quality of gasoline-ethanol blends sold or offered for sale in this State shall meet the standards set forth in Section 2.1.2 of the Uniform Engine Fuels and Automotive Lubricants Regulations as provided in National Institute of Standards and Technology Handbook 130, 2016 edition, as adopted by the 100th National Conference on Weights and Measures, November 2015, http://www.nist.gov/

pml/wmd/pubs/upload/hb130-2016-wfinal3.pdf. Notwithstanding the other provisions of this subsection, the Department expressly rejects the May 1, 2016 expiration of the vapor pressure exceptions in Section 2.1.2 of Handbook 130.  Therefore, the vapor pressure exceptions in Section 2.1.2 of Handbook 130 shall remain in effect until ASTM incorporates those exceptions into ASTM D4814.  These standards do not include any later amendments or editions of NIST Handbook 130.

 

(Source:  Amended at 40 Ill. Reg. 13600, effective September 16, 2016)