Preproposal statement of inquiry was filed as WSR 98-07-068.

Title of Rule: Retail pricing of motor and heating fuel, chapter 16-657 WAC.

Purpose: This rule would change the signage requirements for the posting of the alcohol content of motor fuel. Adopting the rule would bring the state in conformance with the standards and practices contained in National Institute of Standards and Technology Handbook 130.

Statutory Authority for Adoption: RCW 19.94.505.

Statute Being Implemented: Chapter 19.94 RCW.

Summary: This rule changes the requirements for the size of lettering used in posting alcohol blend gasolines from one inch in height to lettering at least one-half inch in height and one-sixteenth in stroke.

Reasons Supporting Proposal: The change would bring the state requirements in conformance with national standards.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA (360) 902-1856.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule changes the requirements for the size of lettering used in posting alcohol blend gasolines from one inch in height to lettering at least one-half inch in height and one-sixteenth in stroke. The change would bring the state requirements in conformance with national standards.

Proposal Changes the Following Existing Rules: This rule changes the requirements for the size of lettering used in posting alcohol blend gasolines from one inch in height to lettering at least one-half inch in height and one-sixteenth in stroke.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not require a statement because it does not impose any additional costs to small businesses under RCW 19.85.030.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Natural Resources Building, 2nd Floor, Room 259, 1111 Washington Street, Olympia, WA 98504, on June 10, 1998, at 11:30 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by June 8, 1998, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Washington State Department of Agriculture, Jerry Buendel, Program Manager, P.O. Box 42560 or 1111 Washington Street, Olympia, WA 98504-2506, FAX (360) 902-2086, by June 9, 5:00 p.m.

Date of Intended Adoption: June 10, 1998.

May 6, 1998

Julie C. Sandberg

Assistant Director

AMENDATORY SECTION (Amending Order 1829, filed 5/30/84)

WAC 16-657-040  Posting of alcohol blend gasolines. (1) All retail motor fuel devices dispensing alcohol blend gasolines shall state on the face of the device that alcohol ingredients are contained therein. The statement shall disclose what alcohol products are included, i.e., methyl alcohol, ethyl alcohol, and the percentage of alcohol that is contained therein. The statement shall be conspicuously posted in ((gothic letters at least one inch in height)) letters at least one-half inch in height, at least one-sixteenth inch in stroke, in contrasting letters, in a location as to be easily seen by consumers and in the following format:

(2) The percentage of alcohol disclosed on the dispensing device shall be the ratio between the amount of ethyl alcohol, or methyl alcohol including co-solvents or proprietary inhibitors, or any other alcohol, to the total product volume.

[Statutory Authority: Chapter 19.94 RCW. 84-12-040 (Order 1829), § 16-657-040, filed 5/30/84.]