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03.03.05.00.htm 03.03.05.00. Title 03 COMPTROLLER OF THE TREASURY Subtitle 03 MOTOR FUEL TAX Chapter 05 Motor Fuel Inspection Authority: Business Regulation Article, §10-202, 10-308, 10-309, and 10-323.1; Tax-General Article, §2-103; Annotated Code of Maryland
03.03.05.01.htm 03.03.05.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated, unless otherwise specified.. B. Terms Defined.. 1) "ASTM" means the American Society for Testing and Materials.. 2) "Bureau" means the Motor Fuel Tax Bureau of the Comptroller of the Treasury.. 3) "Conventional gasoline" means any gasoline meeting the minimum specifications established by ASTM, but not meeting the standards for reformulated gasoline established by the United States Environme
03.03.05.01-1.htm 03.03.05.01-1. 01-1 Standard Specifications for Gasoline.. A. Exemptions. Gasoline not sold or dispensed to an ultimate consumer may be exempted from the requirements of this regulation upon written approval of the Bureau and the Department. Exemption from vapor pressure requirements shall only be granted in instances where the applicant complies with the requirements of proposed 40 CFR §80.27(e) which is incorporated by reference as published in the October 18, 1991, Federal Reg
03.03.05.02.htm 03.03.05.02. 02 Specifications for No. 1-D and No. 2-D Diesel Fuel (ASTM D-975). All No.1-D diesel fuel and No. 2-D diesel fuel shall meet the requirements of the following specifications, when tested in accordance with the latest version of the American Society for Testing and Materials Methods of Tests:A. Cloud Point (ASTM D-2500)7°C (20°F) maximum.. B. Flash Point (ASTM D-93). 1) No. 1-D Diesel―38°C (100°F) minimum.. 2) No. 2-D Diesel..
03.03.05.02-1.htm 03.03.05.02-1. 02-1 Other Motor Fuels.. A fuel other than those meeting the specifications detailed in Regulation .01-1 or .02 of this chapter may not be sold, offered for sale, or dispensed for use in motor vehicles unless approval for the sale or dispensation has been obtained in advance from the Bureau and the Department.
03.03.05.03.htm 03.03.05.03. 03 Specifications for Kerosene (ASTM D-3699). Kerosene shall be a refined petroleum distillate consisting of a homogenous mixture of hydrocarbons essentially free from water, inorganic, acidic, or basic compounds, and excessive amounts of particulate contaminants. It shall meet the requirements of the following specifications when tested in accordance with the latest version of the American Society for Testing and Materials Methods of Tests:A. No. 1-K Kerosene..
03.03.05.04.htm 03.03.05.04. 04 Specifications for No. 1 and No. 2 Fuel Oil (ASTM D-396). No. 1 fuel oil is a distillate oil intended for vaporizing pot-type and similar burners. No. 2 fuel oil is a distillate oil for general purpose domestic heating use in burners not requiring No. 1 fuel oil. Both shall meet the requirements of the following specifications, when tested in accordance with the latest version of the American Society for Testing and Materials Methods of Tests:A. Flash Point (ASTM D-93).
03.03.05.05.htm 03.03.05.05. 05 Labeling of Pumps.. A. The Bureau shall label all retail dispensing pumps.. B. The label in §A of this regulation at the discretion of the Bureau, shall be placed as close as practical to the product dispensing nozzle or the money value display indicator.C. The retailer shall further identify and label all retail dispensing pumps with the following:. 1) The brand name and trade name of the product being sold except a trade name may not be used if it conflicts with one of th
03.03.05.06.htm 03.03.05.06. 06 Retention of Documents.. A. A location registered under the Motor Fuel and Lubricants Law shall retain on the premises to which motor fuel has been delivered a loading ticket, a delivery ticket, or any other combination of documents that provides the following information:1) Date, terminal name, city of origin, shipper, consignee name, volume of each grade, and type of motor fuel loaded and delivered including the product cost and freight charges per gallon;
03.03.05.06-1.htm 03.03.05.06-1. 06-1 Below Cost Compliance Verification.. A. To determine compliance with Business Regulation Article, §10-304.1, Annotated Code of Maryland, the Comptroller shall inspect the documents specified in Regulation .06A(1) of this chapter at the site of the registered location about which the complaint was made. If the information required in Regulation .06 of this chapter is not immediately available upon request, the Comptroller shall promptly determine the:1) Product cost by type o
03.03.05.07.htm 03.03.05.07. 07 Registration.. A. Definitions. As used in this regulation and for the purposes of the administration of Business Regulation Article, §10-303, Annotated Code of Maryland:1) "Company" means a sole proprietorship, partnership, corporation, or other business entity;. 2) "Enclosed work areas" means a service bay;. 3) "Jobber" means a company other than a wholesaler, that acquires possession of motor fuel for bulk resale;4) "Manufacturer" means producer;.
03.03.05.08.htm 03.03.05.08. 08 Samples and Test Tolerances.. A. A sample taken to determine compliance with the provisions of this chapter and COMAR 03.03.06 may not exceed 4 liters.B. Unless otherwise indicated, all samples necessary to determine compliance with this chapter and COMAR 03.03.06 shall be taken in accordance with the methodologies detailed in 40 CFR Part 80, Appendix D, which is incorporated by reference.C. Tolerances.. 1) A producer of motor fuels shall formulate, blend, and store fuels in suc
03.03.05.09.htm 03.03.05.09. 09 Repealed..
03.03.05.10.htm 03.03.05.10. 10 "Stop Sale" at Retail Service Stations.. A "Stop Sale" notice will be issued to retail service station dealers for gasoline and special fuels failing to meet established specifications. The supplier shall be notified accordingly by the retail service station dealer, and a release will be awarded only after final disposition has been agreed upon by the Bureau. Confirmation of disposition shall be submitted in writing and contain an explanation for its failure to
03.03.05.11.htm 03.03.05.11. 11 "Stop Sale" at Bulk Storage Plants.. A "Stop Sale" notice will be issued when petroleum products maintained in bulk plant facilities fail to meet specifications. Confirmation of disposition of "Stop Sale" product in the bulk plant and all such products returned to that bulk plant shall be submitted in writing and contain an explanation for its failure to meet specification. The registrant shall immediately notify all customers that have received inferior pro
03.03.05.12.htm 03.03.05.12. 12 Warning for Water.. A warning shall be issued to the retail service station dealer whenever an underground storage tank is found to contain 2 inches or more of water as determined by the use of water-finding paste on a gauge stick. A "Stop Sale" order will be issued if the water is not removed within the time period prescribed by the Bureau.
03.03.05.13.htm 03.03.05.13. 13 Meter Requirements.. All tank trucks, tank trailers, and tank semitrailers making metered sales or deliveries of gasoline or special fuels shall maintain a meter calibrated for that specific fuel being dispensed. Whenever a vehicle is utilized to deliver both gasoline and special fuels, separate meters shall be maintained and calibrated for gasoline and special fuels respectively.
03.03.05.14.htm 03.03.05.14. 14 Color Coding for Bulk Storage Facilities.. A. A facility in this State required to register under the Motor Fuel and Lubricants law and used to store motor fuel in fixed bulk storage tanks shall implement the American Petroleum Institute (API) recommended system of color coding equipment which is set out as follows:1) Gasoline―unleaded:. a) Highest grade (octane)red circle with white cross,. b) Mid-grade (octane)blue circle with white cross,.
03.03.05.15.htm 03.03.05.15. 15 Commingled Products.. A. For the specific purpose of this regulation, "commingled products" means:. 1) Pipeline interface or transmix; or. 2) A mixture of gasoline and light distillates.. B. Commingled products may be blended into gasoline for redistribution, provided the:. 1) Person blending is a common carrier pipeline or holds a valid Class A dealer license issued by this State, and has obtained written approval from this State to blend; and2) Resultant product, aft
03.03.05.16.htm 03.03.05.16. 16 Annual Terminal Agreements.. A. Before a terminal owner/operator stores product for another product owner, a terminal agreement shall be filed with the Bureau.B. Forms.. 1) Terminal agreements shall be filed annually during the month of December for the anticipated succeeding calendar year's activity, on forms provided by the Bureau.2) A separate form shall be completed for each terminal location.. 3) A form required by this section shall:.
03.03.05.17.htm 03.03.05.17. 17 Annual Exchange Agreements.. A. A person receiving for distribution within the State a product containing a unique, advertised additive shall file an exchange agreement with the Bureau.B. Forms.. 1) Exchange agreements shall be filed annually during the month of December for the succeeding calendar year's activity, on forms provided by the Bureau.2) A form required by this section shall:. a) Address only the specific product to be acquired at each point of acquisition; and.
03.03.05.18.htm 03.03.05.18. 18 Refinery Specifications.. A. Refinery specifications mean typical specifications and the designation of any unique additives placed into any grade of product marketed within the State. For proper identification, the refinery specification shall include the trade name and, for gasoline, the certified octane number determined in accordance with 15 U.S.C. §2821―2824, Title II of the Petroleum Marketing Practices Act and regulations under the Act, 16 CFR §306.0―306.11. Refine
03.03.05.19.htm 03.03.05.19. 19 Additive Specifications.. Additive specifications may be filed in detail or by means of an acceptable analytical method to be used to determine the presence or absence of any unique additive.
03.03.05.20.htm 03.03.05.20. 20 Trade Secrets.. Refinery or additive specifications considered to be a trade secret should be so indicated and shall meet with the concurrence of the Comptroller.
03.03.05.21.htm 03.03.05.21. 21 Inventory of Refined Products.. Under normal operating procedures, all petroleum products refined and imported into Maryland shall be inventoried by the refined product identification used on the shipping or delivery manifest.
03.03.05.22.htm 03.03.05.22. 22 Violations for Which a Warning Will Be Issued.. Warnings will be issued at the discretion of the motor fuel agent for violations such as, but not limited to, price sign violations, failure to register, and unposted certificate of registration. If, after the time prescribed by the agent, the violation still exists, a "Stop Sale" notice will be issued.
03.03.05.23.htm 03.03.05.23. 23 Foreign Imports and Waterborne Transfers.. A. Motor fuel, as defined in Tax-General Article, §9-101, Annotated Code of Maryland, imported into the State or transported within the State via a vessel, shall be considered to be under a "Stop Sale" order until after it has been inspected, sampled, analyzed, and approved for sale or use by the Bureau.B. Exceptions. Section A of this regulation does not apply under the following conditions:. 1) Motor fuel imported fr
03.03.05.24.htm 03.03.05.24. 24 Ban Against Operation of Service Stations by Producers or Refiners.. A. In this regulation and Regulation .25 of this chapter, and for the purposes of the administration of Business Regulation Article, §10-311, Annotated Code of Maryland, the following terms have the meanings indicated:B. Terms Defined.. 1) "Commissioned agent" means a company (or any of its officers, directors, agents, or employees) which directly or indirectly receives, from a producer or refiner and for par
03.03.05.25.htm 03.03.05.25. 25 Temporary Operation of Station by Producer or Refiner.. A. Applicability.. 1) After July 13, 1979, a producer or refiner may operate a retail service station previously dealer-operated for a period not to exceed 90 days and pursuant to a Certificate of Registration issued under Regulation .07E(1) of this chapter if the:a) Dealer has died (if a sole proprietor). b) Dealer has vacated the station in breach of the lease;.
03.03.05.26.htm 03.03.05.26. 26 Seasonal Retail Product Changes.. A. The storage and sale of diesel fuel and kerosene at retail may be alternated seasonally from the same storage or dispensing system, under the following conditions:1) The retailer or the supplier notifies the Bureau at least 10 days before the change;. 2) The notification includes the registered name and specific locations of the facility along with the product change date; and3) Dispensing equipment is properly identified as
03.03.05.27.htm 03.03.05.27. 27 Brand Integrity.. A. "Brand integrity" means that the purchaser of a major brand product does not mix or commingle that product with any other major brand, secondary brand, or unbranded products for resale or distribution as the major brand.B. When Applicable.. 1) Brand integrity is applicable whenever a refiner files refinery specifications and trade name for a product to be marketed in this State.2) The branded product in §B(1) of this regulation may only be acquired from:.
03.03.05.28.htm 03.03.05.28. 28 Blending.. A. For the purpose of this regulation, "blending" means to combine for resale or distribution two grades of motor fuel, previously registered with the Comptroller, to create another grade. Blending does not include the addition of any additive.B. Blending at retail service stations shall be allowed only when:. 1) Brand integrity, when applicable, is maintained;. 2) A fixed blender or variable-blending retail dispensing device, meeting all requirements of the mo
03.03.05.29.htm 03.03.05.29. 29 Additives ― Special Fuel.. A. Under certain approved conditions by the Comptroller, additives may be added to special fuel, if they do not contain any dyes or coloring agents when used in on-highway diesel fuel.B. Additives that have been properly registered with and approved by the Comptroller may be added to special fuel by a bulk supplier licensed as a special fuel seller, provided the:1) Introduction of any additive to branded special fuel products is done wi
03.03.05.30.htm 03.03.05.30. 30 Reporting of End-of-Month Inventories.. A. Who Shall Report. Each person maintaining fixed bulk storage in Maryland for resale or redistribution (retail service stations are exempt) shall file an inventory report when required by the Comptroller.B. What to Report. The report shall state the exact location and the amount in gallons of the month-end inventory of gasoline, kerosene, No. 1-D diesel fuel, No. 2-D diesel fuel, No. 1 fuel oil, No. 2 fuel oil, and propane (L
03.03.05.31.htm 03.03.05.31. 31 Report―Tax-Free Sales to End Users.. A. A motor fuel seller registered under Business Regulation Article, Title 10, Annotated Code of Maryland, shall report the volume of sales for each type of motor fuel sold to end users in the State exclusive of the motor fuel tax. Tax-free sales to a reseller are not to be included in this report.B. A report shall be filed for each fiscal year ending June 30. A completed annual report shall be forwarded to and received
03.03.05.32.htm 03.03.05.32. 32 Additives for Gasoline.. A. Additives may be injected by a licensed dealer, other than a Class A dealer, with an “in-line blending” process or an equivalent or superior to in-line blending system to ensure proper additization of gasoline and only with prior approval from the Comptroller.B. Form of Applications.Applications shall include the following:. 1) A description of the system used to inject the additive into fuel, including a detailed summary of the additive injection
03.03.05.9999.htm 03.03.05.9999. Administrative History Effective date: June 30, 1975 (2:14 Md. R. 1010). Regulation .01 amended effective February 22, 1988 (15:4 Md. R. 470). Regulation .01A amended effective February 9, 1979 (6:3 Md. R. 148). Regulation .01B amended effective February 9, 1979 (6:3 Md. R. 148) November 24, 1979 (6:21 Md. R. 1706) October 3, 1980 (7:20 Md. R. 1876)Regulation .01C amended effective February 9, 1979 (6:3 Md. R. 148).
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