NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Agriculture and Food, Regulatory Services
Taylorsville State Office Buildings, South Bldg, Floor 2
Salt Lake City, UT 84114-6500
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R70-940. Standards and Testing of Motor Fuel
B. Purpose of the new rule or reason for the change:
The purpose of this amendment is to require retail fuel dealers offering E15 or ethanol blends greater than 10% by volume to use dedicated hoses, internal manifolds, and nozzle assemblies.
This requirement applies exclusively to retailers that voluntarily choose to sell E15, ensuring product compatibility and protecting consumers from cross-contamination in shared hoses.
The amendment also updates this rule to comply with the Rulewriting Manual for Utah.
C. Summary of the new rule or change:
This amendment updates this rule to align with Rulewriting Manual for Utah standards by rewriting text in active voice and formatting documents incorporated by reference.
In Section R70-940-2, this rule establishes motor fuel standards requiring a dedicated hose, internal manifold, and nozzle assembly for retail dealers that voluntarily offer E15 or gasoline-ethanol blends greater than 10% by volume.
In Section R70-940-4, the amendment clarifies dispenser labeling requirements for E15 in accordance with federal regulations.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The Department of Agriculture and Food (department) inspects approximately 45,000 retail motor fuel pumps annually across Utah.
Inspectors will integrate enforcement of the dedicated hose requirement into existing routine field itineraries, creating $0 in direct costs or savings for the state budget.
Local governments do not regulate or enforce motor fuel standards.
This amendment creates $0 in direct costs or savings for local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule creates $0 in mandatory compliance costs for small businesses because offering E15 fuel is voluntary.
Independent operators and single-store dealers that choose not to sell E15 will incur no costs.
Actual aggregate costs are inestimable because offering E15 is completely optional, and the proposed changes do not mandate sales or set an implementation deadline. Each small business independently determines if, when, and how many pumps to convert based on its own budget and business strategy, which may result in phased investments extending past FY2031.
For estimation only purposes, the department researched current online equipment prices and estimates hardware costs may range from $1,200 for a basic dedicated-hose retrofit to $22,500 for a full dispenser replacement per pump.
Small businesses account for about 55% of the registered pumps (24,750 pumps).
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This rule creates $0 in mandatory compliance costs for non-small businesses because offering E15 fuel remains optional.
Regional convenience store chains and hypermarket retailers that choose not to sell E15 will incur no costs.
Actual aggregate costs are inestimable because offering E15 is completely optional, and the proposed changes do not mandate sales or set an implementation deadline. Each non-small business independently determines if, when, and how many pumps to convert based on its own capital expenditure plan, which may result in phased investments extending past FY2031.
For estimation only purposes, the department researched current online equipment prices and estimates hardware costs may range from $1,200 for a basic dedicated-hose retrofit to $22,500 for a full dispenser replacement per pump.
Non-small businesses account for about 45% of the registered pumps (20,250 pumps).
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This rule creates $0 in mandatory fiscal impact on a person's budgets because purchasing E15 fuel is voluntary.
Motorists who choose not to buy E15 will experience no change in their personal fuel expenditures.
Actual aggregate impact on consumer budgets statewide is inestimable because buying E15 is entirely optional and depends on individual driving habits, vehicle capability, and personal purchasing decisions over time.
For motorists who voluntarily choose to buy E15, the department estimates a positive budget savings of $0.10 to $0.30 per gallon compared to regular unleaded gasoline.
Additionally, requiring dedicated hoses for fuel blends above 10% ethanol protects consumer budgets from unexpected engine repair costs by preventing residual fuel cross-contamination in shared hoses, which can damage small engines, motorcycles, and vehicles older than 2001.
F. Compliance costs for affected persons:
This rule creates $0 in mandatory compliance costs for affected persons because offering and purchasing E15 fuel is voluntary and the department is not changing the compliance costs for the associated fees for this rule.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Agriculture and Food, Kelly Pehrson, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
10. Incorporation by Reference Information Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables): A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality; NIST Handbook 130; ASTM D4814-17 "Standard Specification for Automative Spark Ignition Engine Fuel"
101st National Conference of Weights and Measures 2017
B. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality; NIST Handbook 130; ASTM D0975-17 "Standard Specification for Diesel Fuel Oils"
101st National Conference of Weights and Measures 2017
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Kelly Pehrson, Commissioner
R70. Agriculture and Food, Regulatory Services.
R70-940. Standards and Testing of Motor Fuel.
R70-940-1. Authority and [Scope]Purpose. (1) Section 4-33-104 authorizes this rule to administer and enforce [Promulgated and enforced by authorities outlined in Utah Code, ]Title 4, Chapter 33, Motor Fuel Inspection Act. (2) [Scope: ]This rule establishes motor fuel performance specifications and monitoring standards to ensure consumer confidence in fuel quality. R70-940-2. Motor Fuel Standards and Specifications. (1) A retail dealer shall ensure that [G]gasoline and gasoline-ethanol blends offered for sale [shall ]have a minimum Anti-Knock Index (AKI) of 85. (2) The [D]department [adopts]incorporates by reference motor fuel regulations outlined in the 2017 version of NIST Handbook 130; "Uniform Laws and Regulations in the area of legal metrology and engine fuel quality", Chapter IV, Part G, "Uniform Engine Fuels and Automotive Lubricants Regulation" with the following exceptions:(a) Section 2.1.1, the [D]department [adopts]incorporates by reference the ASTM specification D4814-17, "Standard Specification for Automotive Spark-Ignition Engine Fuel"[.]; (b) Section 2.1.2, a [G]gasoline-[E]ethanol blend[s shall] may not exceed ASTM D4814-17 Table 1 vapor pressure limits by more than: (i) 1.0 psi, when gasoline-ethanol blends contain [nine to ten volume percent]9% to 10% ethanol by volume from June 1[st] through September 15[th.]; (ii) 1.0 psi, when gasoline-ethanol blends contain [one up to and including fifteen volume percent]1% to 15% ethanol by volume for volatility classes A, B, C, and D from September 16[th] through May 31[st.]; (iii) 0.5 psi, for gasoline-ethanol blends containing [one up to and including fifteen volume percent]1% to 15% ethanol by volume for volatility class E from September 16[th] through May 31[st.]; and (iv) [V]vapor pressure exceptions will remain in effect until ASTM incorporates changes to the vapor pressure maximums for gasoline-ethanol blends[.]; (c) Section 2.2, the [D]department [adopts]incorporates by reference ASTM D975-17 "Standard Specification for Diesel Fuel Oils"[.]; and (d) Section 4.4.2, [If]a retail dealer that adopts the standard color code is [adopted]not required to[, no] post a color key.[ posting is required] (3) Section 3.1 in the NIST Handbook 130 is modified such that a retail dealer offering E15 or a gasoline-ethanol blend containing greater than 10% ethanol by volume, shall ensure that: (i) all storage and dispensing equipment is compatible with E15 in accordance with federal law; and (ii) it is dispensed through a dedicated hose, internal manifold, and nozzle assembly that may not be shared with or used to dispense gasoline or gasoline-ethanol blend containing 10% or less ethanol by volume. R70-940-3. Storage Tank Preparation.
(1) A [R]retail dealer shall clean and purge a retail storage tank[s] and associated equipment [must be cleaned and purged prior to]before the first introduction of motor fuel [meant]intended for sale.[ or,] (2) A retail dealer shall [P]purge[d] a storage tank and associated equipment when switching from one type or grade of motor fuel to another. (3) A retail dealer shall ensure that access to the bottom of a retail storage tank [shall ]remains unobstructed [such that any phase separated water content may be]so that an inspector or operator may measure[d] or detect[ed] phase-separated water content from the fill connection. R70-940-4. Certification, Documentation, and Labeling.
(1) A retail dealer shall certify [Certification ]and document[ation of] motor fuels [shall be made ]in accordance with 16 CFR Part 306, "Automotive Fuel Ratings, Certification, and Posting". (2) A retail dealer shall [Labeling shall be regulated]label each dispensing device offering a gasoline or gasoline-ethanol blend in accordance with: (a) [requirements in ]the 2017 version of NIST Handbook 130; "Uniform Laws and Regulations in the area of legal metrology and engine fuel quality", Chapter IV, Part G, "Uniform Engine Fuels and Automotive Lubricants Regulation"[.]; (b) 40 CFR 1090.1510 for E15 or a gasoline-ethanol blend containing greater than 10% ethanol by volume; and KEY: inspections, motor fuel, ethanol, retail fuel, pumps Date of Last Change: [February 22, 2018]2026 Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-33-104 !--dar--
