Sec. 03.03.05.28. 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 most current edition of the National Institute of Standards and Technology Handbook 44, as specified by Agriculture Article, §11-203(c), Annotated Code of Maryland, is used;

(3) The dispensing device is manufactured by a nationally recognized manufacturer;

(4) The dispensing device contains adequate security devices to prevent the change of any blend ratio except by personnel authorized by the dispenser manufacturer; and

(5) The blended product is registered with the Comptroller and, in the case of a major brand, does not conflict with the annual registration of the brand owner and is done with the written concurrence of the brand owner.

C. Blending at bulk storage/terminal facilities shall be allowed only when:

(1) In the case of gasoline, the blending is done by the holder of a valid Class A dealer license who:

(a) Except in the case of ethanol flex fuel, uses an "inline blending" system between the bulk storage tanks and loading rack or under short-term emergency conditions and with the prior approval of the Comptroller, directly supervises the loading of blended product;

(b) Registers the resultant blend with the Comptroller before making a sale and on an annual basis after that; and

(c) Furnishes the petroleum transporter, at the time of loading, with sufficient documentation for compliance with COMAR 03.03.03.05.

(2) In the case of special fuel, the blending is done by the holder of a valid Class S special fuel seller license who:

(a) Blends previously registered special fuel products with the resulting blend conforming to specifications contained in Regulations .02 and .04 of this chapter; and

(b) Furnishes the petroleum transporter, at the time of loading, with sufficient documentation for compliance with COMAR 03.03.03.05.