N.Y. Comp. Codes R. & Regs. tit. 1 § 224.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 224.5 - Bulk delivery disclosure requirements

(a)Petroleum products other than automotive fuels.

For any bulk shipment of petroleum products that is transferred, sold or delivered to anyone who is not a consumer, the refiner or distributor shall provide, at the time of each transfer, sale or delivery, a delivery ticket or other written proof of the transfer. It shall contain the following information and certifications:

(1) the business or corporate name and address of the refiner or distributor supplying the products;

(2) the business or corporate name and address of the distributor, wholesale purchaser consumer or retailer receiving the products;

(3) the business or corporate name and address of the person, firm, or corporation that delivered the products, and the identification of the delivery vehicle (e.g. truck number). This information shall be supplied by the person, firm, or corporation that made the delivery, e.g. common or contract carrier;

(4) date of delivery;

(5) identity and grade of each product transferred, sold, or delivered;

(6) quantity of each product, expressed in gallons or liters, and recorded on a mechanically or electronically prepared document.

(b)Automotive fuels.

For any bulk shipment of automotive fuel that is transferred, sold or delivered to a person who is not a consumer, the refiner or distributor shall certify the fuel in accordance with 16 CFR sections 306.5 to 306.9 and shall:

(1) With regard to automotive gasoline:

(i) identify it as either leaded or unleaded;

(ii) identify its maximum vapor pressure in pounds per square inch;

(iii) certify its maximum percentage of ethanol if it contains more than one percent ethanol by volume;

(iv) certify the maximum percentage of methanol and the minimum percentage of co-solvent if it contains more than three-tenths percent methanol by volume; and

(v) certify its maximum percentage of butanol if it contains more than 1.0 percent butanol by volume.

(2) Identify diesel fuel as grade 1-D or 2-D; such grade designation shall be an acceptable substitute for a minimum cetane rating of 40.

(3) Identify kerosene as grade 1-K or 2-K.

(4) Express the quantity of each automotive fuel in gallons or liters on a mechanically or electronically prepared document.

(5) Temperature compensation, wholesale. Where automotive fuel is sold at wholesale compensated to 60°F (15.6°C), documentation shall be provided to the purchaser thereof that clearly indicates the following:

(i) the uncompensated or gross volume before compensation. This value shall be recorded on a mechanically or electronically prepared document;

(ii) product temperature at the time of measurement in degrees Fahrenheit or Celsius;

(iii) the API gravity of the product; and

(iv) the compensated or net volume, when compensated to 60°F (15.6°C).

N.Y. Comp. Codes R. & Regs. Tit. 1 § 224.5

Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019