=== dc2017-11-0011_2-pages-1.ppm === d. Signages and Labels 1. Outlet’s identification shall display the oil company’s brand or trade name and trademark; 2. Price display board shall contain and display updated prices of each Liquid Fuels sold in the Retail Outlet, pursuant to Rule V, Section 18a (1) of Department Circular No. 98-03-004; 3. Pump labels on Liquid Fuels type such as RON, E10 and Bx, where X shall refer to the % biodiesel in the fuel, shall be posted; 4. Consumer safety and informational signs shall be displayed and posted; and 5. Other safety signs as may be required by the OIMB, other government agencies and relevant LGUs shall be posted and displayed. e. Underground Storage Tank (UGT). All Liquid Fuels shall be stored in UGTs, along with a fill sump and monitoring wells. a ER Distance to property line and adjoining structure shall not be less than 1.0 metre; and 2. Vent lines (3.65 metres minimum), monitoring wells and fill sump (rain tight) shall be present. Section 12. Retail Outlet Categories. The following are the Categories of Retail Outlets based on the number of pump islands, dispensing pumps and other facilities and services. a. Category 1 - Retail Outiet with 1-2 pump islands and at least 1-2 dispensing Pumps per island installed. Ts With clean restroom 2. Provision for free tire pressure air filling 3. Sufficient water for radiator 4. First aid kits b. Category 2 - Retail Outlet with 3-4 Pump islands and at least 3-4 dispensing pumps installed. A, With clean restroom 2. Provision for free tire pressure air filling a Sufficient water for radiator 4. Basic mechanical services 5, First aid kits c. Category 3 - Retail Outlet with 5 or more pump islands installed. With clean restroom Provision for free tire pressure air filling Sufficient water for radiator Basic mechanical services First aid kits With designated evacuation assembly area ON BE Be Lae Bae Retail Outlets may install electric vehicle charging facilities in any of the above-mentioned outiet categories, provided that safety controls are in place, and without prejudice to any agreement, rules, and guidelines that may be issued by the Department, or any government agency and instrumentality, for the operation of the electric vehicle Charging facilities. Payment of application and renewal fees shall be in accordance to these categories. Page 8 of 20 Department Circular No. DC2017- /l- GO I Promulgating a Revised Rules and Regulations Governing the Business of Retailing Liquid Fuels M/ === dc2017-11-0011_2-pages-2.ppm === Section 13. Minimum Facility Requirements for Existing Retail Outlets. Aj| existing and operating Retail Outlets prior to the issuance of this Revised Retail Rules shall comply with the following mandatory requirements: a. Dispensing pump shall be fixed and permanent; b. Product deliveries and retailing of Liquid Fuels shall be conducted only within the premises of the Retail Outlet; and c. All Liquid Fuels shall be stored in underground storage tanks, along with a tank sump able to contain spills and leakage. Section 14. Fuel Storage, Handling, Transfer and/or Dispensing. The storage, handling, transfer and/or dispensing of Liquid Fuels shall be subject to the following: a. Liquid Fuels shall be delivered, received and dispensed at all times only within the business premises of a Retail Outlet; b. Liquid Fuels shall be transferred only from UGT by means of fixed dispensing pumps designed and equipped to allow the controlled flow of the Liquid Fuels and prevent leakages or accidental discharges; c. Liquid Fuels shall only be dispensed to appropriate containers as defined in Rule I Section 3. The use of appropriate container may be allowed provided the Liquid Fuels Retail Outlet shall provide appropriate containers; d. with the condition that it is for emergency and not for commercial purposes; €. Liquid Fuels shall be sold in appropriate containers; f. Liquid Fuels shall not be discharged into any street, highway, drainage canal or ditch, storm drain or flood control channel, lake or tidal waterway, or directly into the ground; g. Liquid Fuels shall.be sold and dispensed to customers regardless of quantity and amount, directly to the vehicles’ fuel tank; h. An official receipt shall be issued after every sale of Liquid Fuels; and i. Liquid Fuels shall be sold consistent with the price indicated in the dispensing Pump and the price display board. In addition, a Retail Outlet or company or any entity/person who supplies Liquid Fuels to any person selling or dispensing such Liquid Fuels through the use of drums, barrels, bottles, or “bote-bote”, shall be deemed to be committing Illegal Trading. However, the use of drums may be allowed for customer’s own use in pre-identified situations and where a duly-notarized certification attesting to the fact is presented, 3 RULE Iv OTHER TYPES OF RETAIL OUTLET AND THEIR REQUIREMENTS Section 15. Types and Facility Requirements. As may be necessary and practicable, the following types of Retail Outlets may be exempted by the DOE from compliance with the mandatory standards and requirements provided in Section 11; a. A Marine Retail Outlet, which is constructed near the shoreline and intended exclusively to serve the fuel requirements of marine vessels such as small motor boats and bancas. It shall cater exclusively to marine vessels and it shall be exempted from the UGT requirement, provided that the aboveground storage tank shall be constructed using materials and technology that can withstand sea-water or corrosive atmosphere and actions of waves on the shoreline, enclosed with bund walls on all sides with an enclosure volume of at least 120% of the net Capacity of the largest tank and the bund walis should be made of Page 9 of 20 Department Circular No, DC2017- It -O01| Promuigating a Revised Rules and Regulations Governing the Business of Retailing Liquid Fuels M/ === dc2017-11-0011_2-pages-3.ppm === corrosion-resistant material (i.e., concrete), and compliant with designs established and to be subsequently issued by the Department. b. Technology-Solution Retail Outlet, which is a result of emerging technologies that address the requirement of Liquid Fuels. The materials are manufactured in accordance to the facilities and product safety certifying bodies Such as, UL-listed and equivalent NRTL safety marks (USA), CE marking (UK and EU), RCM, regulatory compliance mark (Australia), PSE (Japan), among others. However, the said Retail Outlet shall observe the following requirements: 1. Shall address the fuel requirements of those catered by the “bote-bote” retailing in the area applied for, as certified by the concerned LGU; 2. Adistance of 1 kilometre radius from another Retail Outlet shall be observed; 3. No other commercial establishment shall be installed/constructed within the Retail Outlet other than those necessary for its operation; 4. The vehicle being serviced and the delivery of the Liquid Fuels by the Tank Truck shall at all times be inside the business premises; One (1) metre set back distance shall be maintained in the following: Cashier's booth or dispensing pump to firewalls; and During the supply operation of Tank Truck, there should be one (1) metre working distance that should be maintained from the Tank Truck to firewalls. ed The Marine Retail Outlet and Technology-Solution Retail Outlet are not exempted from applying for a COC and compliance to other government requirements. c. Temporary Emergency Retail Outlet. Upon written notice to OIMB with endorsement from the LGU, the Temporary Emergency Retail Outlet may operate for a period of i5 days, in A request for renewal and extension shall be covered by Special Permit from the OIMB upon receipt of justification by OIMB from the Retail Outlet, and an endorsement by the LGU. The LGU may set its own criteria and conditions for this type of Retail Outlet to operate. RULE Vv OIMB MONITORING AND INSPECTION Section 16. Conduct of Inspection. Duly-authorized inspectors from the OIMB or the Field Offices shall undertake random and unannounced inspections to conduct, among others, checking/testing of dispensing pumps, Sample taking and product testing on-site or at the DOE laboratory, The Retail Outlet Official shall Maintain a responsible person who shall be present in the Retail Outlet at all times and, for this Purpose, the Retail Outlet Manager Supervisor, Team Leader or authorized inspectors can present their proper identifications and under whose authority the inspection shall proceed. Section 17. Sample Taking by the OIMB or by the Field Offices for Testing at the DOE Laboratory. @. Authorized inspectors from the OIMB or the Field Offices shall be allowed to gather one (1) litre sample of Liquid Fuels per product which the Retail Outlet is offering for sale Page 10 of 20 My === dc2017-11-0011_2-pages-4.ppm === directly from the dispensing pumps, for Product quality testing at the DOE laboratory to ensure compliance with quality standards. b. Laboratory test results indicating non-compliance with quality standards pursuant to the PNS and the Biofuels Act of 2008 and its Implementing Rules and Regulations shall constitute ADULTERATION. Section 18. Sample Taking by the OIMB or by the Field Offices for On-site Product Sampling and Testing. On-site sampling and testing of Liquid Fuels samples using the DOE’s Section 19. Retention of Product Samples. The Retail Outlet Official shall retain its own duplicate samples of the samples obtained and duly sealed by the inspectors from the OIMB or the Field Offices during the inspection for Purposes of its own product quality testing. It shall be responsible for providing his own sampling bottle. Section 20. Discrepancy in Results of Testing and Resolution Thereof. In case the Retail Outlet Official and/or Retail Outlet opts to contest the results of the DOE laboratory, or to subject its retained fuel samples to a simultaneous testing, it may do so at its own expense within the three (3) months validity period of the retained fuel samples reckoned from the date the samples are endorsed/turned over to the DOE laboratory, and with an accredited testing laboratory acceptable to the DOE and in the industry. The results of the test and analysis, for purposes of determining compliance with the PNS shall be deemed to be conclusive. The 3% party laboratory result will only be used for appeal Purposes, Analytical laboratory equipment to be used for testing of contested Liquid Fuels should be calibrated and/or correlated with the DOE laboratory equipment (GRTL/MMTL). Liquid Fuels samples should be tested using the reference test methods prescribed in PNS/DOE QS. Section 21. Underdelivering in Dispensing Pumps. a. The quantity of Liquid Fuels delivered by dispensing pumps at Retail Outlets as measured by the dispensing pump meter shall not be less than the actual quantity by more than fifty (50) milliliters for every ten (10) liters as measured by the DOE Test Measure certified and sealed by the DOST-ITDI. The Test Measure shall be filled to the ten (10)-liter mark three (3) times at low, medium and fast flow rates and the average quantity as measured by the pump meter shall constitute the quantity to be compared with the actual quantity of ten (10) liters. b. The Retail Outiet Official shall have the right to examine that the DOE Test Measure has the updated seal and issued by the NML, c. The particular dispensing pump shall be immediately closed by the inspectors of OIMBor by the Field Offices by posting an “Out-of-Order” Signor installing a padlock to prevent the said pump from further dispensing products to the public until it is recalibrated. The said sign or padlock can only be removed by the Authorized Calibrating Entity as provided in Section 24 of this Rules. In the event that an “Out-of-Order” sign is posted by the Retail Outlet, such must be supplemented by a notice/request for recalibration to the LGU or by the Authorized Calibrating Entity. d. The unauthorized removal of an “Out-of-Order” sign or padlock locking the pump that is * Page 11 of 20 Department Circular No. pc2017-_Il - OO Promuigating a Revised Rules and Regulations Governing the Business of Retailing Liquid Fuels k/ === dc2017-11-0011_2-pages-5.ppm === found underdelivering shall constitute a presumption that the pump is actually being used to sell Liquid Fuels and shall be deemed committing the offense of ILLEGALTRADING. A dispensing pump found with broken or no seal and with no “Out-of- Order” sign or padlock placed/posted/pasted on it shall constitute ILLEGAL TRADING. In addition, the absence of an “Out-of-Order” sign or padlock shall give rise to the presumption that the Retail Outlet is actually selling Liquid Fuels and shall be deemed committing the offense of ILLEGAL TRADING. Section 22. Posting of Signages and Labels. a. Retail Outlet shall have posted or displayed prominently and conspicuously and at the immediate sight of the motorist the following signages and labels: 1. Price display board with updated prices for each Liquid Fuels; a Price display. board with the same updated prices in the dispensing pump. For special promotions, a designated lane must be assigned and the announcement of such promotion is prominently displayed in the Retail Outlet; Product quality label, such as RON, E10 and Bx, posted at the dispensing pumps; Biodiesel blend (Bx) and the phrase “This diesel contains X% CME”: and E-Gasoline Fuel specifications a) Regular grade - 91 RON, Minimum - Green b) Premium grade -95 RON, Minimum - Red c) Premium plus grade - 97 RON, Minimum - Blue i Eo b. The use of the terms “unleaded”, “lead-free”, and other similar brand names in the labeling at the display boards, pumps, and other marketing tools to the public shall no longer be allowed to avoid the impression that the Philippines still has leaded gasoline. c. Retail Outlet shall likewise have posted in strategic and appropriate locations within the premises of the Retail Outlet the following consumer safety and informational signs: Do not use cellular phone while filling; No smoking; Switch-off engine while filling; No straddling (motorbike/tricycle); and Other safety signs as may be required by the OIMB and other government agencies. Yi ge eB RULE VI LIQUID FUELS QUANTITY STANDARD Section 23. Calibration and Sealing of Dispensing pumps. To ensure that facilities and equipment used in the operation of Retail Outlets remain accurate, calibration shall be mandatory. All dispensing pumps used in Retail Outlets to dispense Liquid Fuels sold to the public must be properly calibrated once every ninety (90) days, and after calibration immediately sealed by an authorized entity. Immediate calibration shall also be conducted if the dispensing pump is found underdelivering, as provided under Section 21 or during the weekly calibration verification, as provided under Section 25.c. The failure of the Retail Outlet Official and of Retail Outlet to have the dispensing pumps calibrated shall constitute UNDERDELIVERING notwithstanding the fact that the dispensing pumps are actually not underdelivering. Page 12 of 20 Department Circular No. DC2017-_I/-OOIl p, omulgating a Revised Rules and Regulations Governing the Business of Retailing Liquid Fuels W === dc2017-11-0011_2-pages-6.ppm === Section 24. Authorized Calibrating Entities and its Roles. The authorized calibrating entities are the City or Municipal Treasurer, or in their absence or incapacity, the National Metrology Laboratory (NML) of the Industrial Technology Development Institute (ITDI), Department of Science and Technology (DOST) or, in its absence, the oil company or a third party contractor. In case that calibration shall be done by the oil company or a third Party contractor, it shall obtain a certification from the City or Municipal Treasurer or NML ITDI DOST that the latter are unavailable or incapable of doing the calibration, Section 25. Test Measure Requirement in All Retail Outlets. a. OIMB or the Field Offices shall inspect and verify the dispensing pump using a valid Test Measure to check for possible underdelivering. b. All Retail Outlets shall maintain a 10-litre Test Measure, which must be inspected, calibrated, verified, adjusted, as necessary and resealed once every twelve (12) months by the NML of the ITDI, DOST and DOST regional calibration laboratories. Failure to maintain a NML calibrated and sealed Test Measure, or the duly documented and signed and countersigned written record or logbook, or maintaining or using dilapidated unserviceable, expired or uncalibrated Test Measure notwithstanding the fact that the dispensing pumps are not actually underdelivering shall constitute ILLEGAL TRADING. Section 26. Sealing of the Dispensing Pump by the LGu. a. Only the LGU or the authorized persons enumerated in Section 24 can affix the seal after the calibration, and conversely to break the seal. Calibration and the breaking of the seal by an entity other than the LGU or those enumerated in Sec, 23 shall constitute UNDERDELIVERING, b. The seal shall be installed either in the metering unit and mechanical or electronic adjustment device by the authorized Persons performing the calibration to guard against the unauthorized adjustment of the dispensing pump. c. The Retail Outlet or Retail Outlet Official shall ensure to sell and dispense Liquid Fuels to customers regardless of quantity and amount, directly to their vehicles’ fuel tank. Page 13 of 20 Department Circular No. DC2017- Il - Ol Fueis l Promulgating a Revised Rules and Regulations Governing the Business of Retailing Liquid V/ === dc2017-11-0011_2-pages-7.ppm === RULE VII LIQUID FUELS QUALITY STANDARDS Section 27. Product Quality. Only Liquid Fuels complying with the Philippine National Standard (PNS) and Biofuels Law shall be sold in a Retail Outlet. Section 28. Testing and Retention of Samples of Liquid Fuels by the Retail Outlet. In order to protect against the delivery of adulterated products, a Retail Outlet may do either of the following: a. The Retail Outlet shall take at least one (1) litre sample from the Tank Truck of each Liquid Fuels delivered to his Outlet. The samples shall be placed in clear bottles and The Retail Outlet shall provide its own sampling bottle for purposes of retaining a duplicate sample for its own product quality testing for verification for every delivery from its supply source and for OIMB’s or the Field Offices’ inspection and sampling. RULE VIII PROHIBITED ACTS, ADMINISTRATIVE FINES AND SANCTIONS Section 29. Fines/Sanctions Against Prohibited Acts. In addition to the right and authority of the OIMB or the Field Offices to suspend and revoke the COC as provided in this Circular, the Retail Outlet Official and/or Retail Outlet that commits the prohibited acts shall be imposed the following penalties: Penalty Prohibited Act 1* Offense 2"! Offense 3™ Offense A. ILLEGAL TRADING P10,000.00 with | P10,000.00 and directive to Recommend 1. Engaging in the Business without a comply. revocation of COC, where the Retail Outlet the permit or Official and/or Retail Outlet license to LGU. engages in business without securing a COC, or continues to operate the Retail Outlet upon expiration of the COC, or after being directed by the DOE or OIMB or the Field Offices to cease and desist in operating the Retail Outlet 2. Non-compliance with Section 11 P10,000.00 with P10,000.00 and Rule III on Mandatory Standards directive to Recommend and Requirements (Fixed and comply. revocation of permanent dispensing pump, the permit or forecourt, facilities, signages and license to LGU labels, underground storage tank) Page 14 of 20 Department Circular No. pc2017-li- OOH Promuigating a Revised Rules and Regulations Governing the Business of Retailing Liquid Fuels M/