Pennsylvania Act 2000-74 — COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT - OMNIBUS AMENDMENTS

Act text

COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT - OMNIBUS AMENDMENTS
                  Act of Oct. 18, 2000, P.L. 574, No. 74              Cl. 35
                             Session of 2000
                               No. 2000-74

     HB 1473

                                  AN ACT

     Amending the act of February 11, 1998 (P.L.58, No.15), entitled
        "An act providing for the regulation of combustible and
        flammable liquids; allocating functions of the Department of
        Labor and Industry and the Pennsylvania State Police;
        imposing penalties; and making repeals," further providing
        for regulations, for notification by manufacturers of
        gasoline additive information, for retail service stations
        and for penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The act of February 11, 1998 (P.L.58, No.15),
     known as the Combustible and Flammable Liquids Act, is amended
     by adding a section to read:
      Section 3.1.  Notification by manufacturers of gasoline
                    additive information.
        No person that distributes gasoline or that owns or operates
     a retail service station may make a representation respecting
     the antiknock characteristics of the gasoline unless the
     representation discloses the minimum Antiknock Index
     Requirements of the fuel as adopted by the National Conference
     of Weights and Measures and published in Handbook 130, and
     supplements thereto, or in any publication revising or
     superseding Handbook 130. The department shall have the
     authority to issue a stop-sale notice to a person that
     distributes gasoline or that owns or operates a retail service
     station if the person is in violation of this section.
        Section 2.  Sections 4, 7 and 11 of the act are amended to
     read:
      Section 4.  Regulations.
        (a)  Authority.--
            (1)  The department may promulgate regulations governing
        the possession, use, storage and sale of combustible liquids
        or flammable liquids. Regulations under this paragraph must
        be based upon generally accepted national or international
        standards, except that regulations providing for emergency
        controls, including switches, shall be based upon subsection
        (c).
            (2)  To provide standards for the storage and dispensing
        of compressed natural gas as a vehicular fuel in fleet and
        public dispensing operations, the department shall promulgate
        regulations which adopt the National Fire Protection
        Association Standard for Compressed Natural Gas Vehicular
        Fuel systems (NFPA 52), excluding provisions on engine fuel
        systems.
        (b)  Existing regulations.--Until modified or deleted by the
     department, 37 Pa. Code Chs. 11 (relating to preliminary
     provisions) and 13 (relating to storage and use) shall be deemed
     regulations of the department under this section.
        (c)  Emergency controls.--The department shall require
     emergency controls, including a main power shut-off switch or
     switches, at self-service gasoline stations. Emergency controls
     shall be independent of the approved special dispensing devices
     and control equipment. Emergency controls and switches shall be
     installed at an accessible location not more than 15 feet from
     the principal control location of the attendant and not more
     than 125 feet from the farthest self-service dispensing device.
     Use of the emergency controls, including the main power shut-off
     switch or switches, to control the dispensing devices in other
     than an emergency shall be prohibited.
      Section 7.  Retail service stations.
        (a)  Kerosene.--At a retail service station, the intake or
     receiving pipe opening for a kerosene storage tank shall be
     smaller than the nozzle on the hose used to deliver gasoline or
     diesel fuel into the storage tank.
        (b)  Self-service.--An attended self-service gasoline station
     may use a hold-open gasoline-dispensing nozzle if all of the
     following are met:
            (1)  The nozzle meets safety standards adopted by
        regulation of the department.
            (2)  A sign is posted indicating that any person, other
        than the attendant, who uses a hold-open gasoline-dispensing
        nozzle shall remain at the refueling point during the
        refueling operation.
        (c)  Portable container specifications.--In addition to
     established container construction requirements under 37 Pa.
     Code § 11.7 (relating to container construction), portable
     containers used for the storage and handling of flammable and
     combustible liquids shall be color-coded to properly identify
     the contents of the container as follows:
            (1)  Blue shall represent kerosene.
            (2)  Red shall represent gasoline.
     No other color may be used for portable containers as provided
     for in this section which are used for the storage and handling
     of flammable and combustible liquids. At least 75% of the
     surface area of the container shall be of the required color.
        (d)  Attended self-service station operator facilities.--It
     is the responsibility of the operator of the attended self-
     service station to familiarize attendant employees with the
     location and operation of the station's emergency fuel shut-off
     switch.
      Section 11.  Penalties.
        (a)  Initial offense.--[A] Except as provided for in
     subsection (c), a person that violates this act or a regulation
     under this act commits a summary offense and shall, upon
     conviction, be sentenced to pay a fine of $500.
        (b)  Subsequent offenses.--A person that, after being
     sentenced under subsection (a), violates this act or a
     regulation under this act commits a summary offense and shall,
     upon conviction, be sentenced to pay a fine of $1,000.
        (c)  Improper container.--A person who violates section 7(c)
     relating to portable container specifications commits a summary
     offense and, upon conviction thereof, shall be sentenced to pay
     a fine of not more than $100. The responsibility for compliance
     with section 7(c) shall reside exclusively with persons who use
     portable containers to store or handle flammable combustible
     liquids. The filling of such containers in connection with the
     sale or distribution of gasoline or kerosene shall not
     constitute an act of storage or handling for purposes of this
     section, and no seller shall incur any civil liability for
     failure to properly identify the contents of such containers.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 18th day of October, A. D. 2000.

     THOMAS J. RIDGE