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Maine One-Pager (State's Fuel Quality Regulation)
  Department
ME Department of Agriculture
  NCWM Region
NEWMA
 
  Primary Contact
Steve Giguere
  Last Modified 11/17/2014  
  Phone
(207) 287-3841
 
  Email
steve.giguere@maine.gov
 
AUTHORITY
  Fuel Authority
Regulatory (state regulations); Statutory (enacted legislation)
 
  Statutory/Regulatory Citation
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. Therefore, adopting ASTM D 6751 for B100, ASTM D 7467 for B6-B20 and ASTM D 975 for B1-B5.
 
ADOPTED FUEL SPECIFICATIONS
  Fuels Currently Regulated
Diesel Fuel_yes; B100-Biodiesel_yes; Biodiesel-Blends_yes
 
  Fuel Specifications
Diesel Fuel_ASTM D975; B100-Biodiesel_ASTM D6751; B1-5 Biodiesel-Blends_ASTM D975; B6-B20 Biodiesel-Blends_ASTM D7467
 
  Other Specifications  
  If no spec - plan to adopt  
  Process to Adopt Specifications
Legislative Process; Administrative Rulemaking
 
  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
 
TESTING PROGRAMS
  Proactive Tests
Do not proactively test. Need resources to conduct a proactive biodiesel quality compliance testing program.
 
  Reactive Test Circumstance
Upon complaint.
 
  Fuel Test Performed
 
  Where Sampled
Retailer
 
  Where Tested
Out-Sourced
 
  Penalties
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).]
 
REPORTING
  How to Report 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).]
PRODUCT INDENTIFICATION REQUIREMENTS
 
  Dispenser Labeling 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%.
 
  Tank Labeling