Current through Register Vol. 49, No. 18, September 16, 2024
The Missouri Department of Agriculture is amending
subsections (1)(C) and (4)(C) to reflect changes made by the U.S. Environmental
Protection Agency (USEPA).
PURPOSE: USEPA streamlined and modernized 40 CFR part
80 fuel quality regulations to minimize the implementation burden associated
with them while still ensuring that the fuel quality standards previously
established under the Clean Air Act continue to be met in real-world use. USEPA
transferred the relevant part 80 provisions into a new set of regulations in 40
CFR part 1090. This rule change by the USEPA was effective January 1, 2021.
Missouri regulation 2 CSR 9030.040 subsections (1)(C) and (4)(C) currently
reference 40 CFR part 80 and must be changed to reference the new USEPA
regulation at 40 CFR part 1090. This amendment is necessary to ensure that the
Department of Agriculture continues to reference the appropriate section in
USEPA regulations which the department uses to enforce volatility and labeling
regulations for gasoline containing nine percent (9%) to fifteen percent (15%)
ethanol.
(1) Regulation
Regarding Quality of Motor Fuels. The following fuels when sold, offered for
sale, or when used in this state shall meet the following requirements:
(A) Motor Fuels. Any liquid fuel product used
for the generation of power in an internal combustion engine. Note: liquefied
petroleum gas which is composed predominantly of propane, propylene, butanes
(normal or isobutanes) and butylenes are not considered as motor fuels in
Chapter 414, RSMo and this regulation;
(B) All automotive gasoline shall meet the
requirements set in ASTM D4814;
(C)
All automotive gasoline containing oxygenated additives shall meet the
requirements set in ASTM D4814 and the following requirements:
1. When methanol is blended in quantities
greater than three tenths (0.3) volume percent, the finished blend shall
contain at least an equal amount of butanol or higher molecular weight
alcohol;
2. When gasoline contains
nine percent (9%) or up to and including fifteen percent (15%) ethanol, a vapor
pressure tolerance not exceeding one pound per square inch (1.0 psi) is allowed
in accordance with U.S. EPA per
40 CFR
1090.215(b)(2) from June 1
through September 15;
3. When
gasoline contains one percent (1%) or up to and including fifteen percent (15%)
ethanol, a one pound per square inch (1.0 psi) vapor pressure tolerance is
allowed for volatility classes A, B, C, and D from September 16 through May
31;
4. When gasoline contains one
percent (1%) or up to and including fifteen percent (15%) ethanol, a one-half
pound per square inch (0.5 psi) vapor pressure tolerance is allowed for
volatility class E from September 16 through May 31; and
5. The vapor pressure exceptions in
paragraphs (1)(C)2., 3., and 4. of this rule will remain in effect until ASTM
incorporates changes to the vapor pressure maximums for ethanol
blends;
(D) All gasoline
or gasoline-oxygenate blends classified as leaded shall contain a minimum of
five hundredths (0.05) grams of lead per United States gallon;
(E) The minimum (R+M)/2 octane rating of
automotive gasoline grades and gasoline- oxygenate blended grades shall be no
less than the following:
1. Regular Unleaded
and 87;
2. Premium, Super, Supreme
91; and
(F) The motor
octane number shall not be less than eighty-two (82) for regular unleaded
gasoline.
(2) Method of
Sale of Gasoline-Alcohol Blends. At the time of delivery, the retailer must be
provided an invoice, bill of lading, shipping paper or other documentation, by
the supplier and/or carrier, the presence and maximum amount of ethanol,
methanol or any type of alcohol (in terms of percent by volume) contained in
the fuel. It is the responsibility of any potential blender to determine the
total oxygen content of the motor fuel before blending.
(3) Procedures for Storage of Motor Fuels
Containing Alcohol Additives. The following procedures shall be used by retail
outlets when the total alcohol content is over three-tenths (0.3) volume
percent:
(A) Retail establishments offering
any gasoline-alcohol blended fuel for the first time shall remove all water and
precipitated materials from the storage tank before the gasoline-alcohol blend
is delivered into the tank; and
(B)
A suitable filter, ten (10) microns or less, must be installed in the meter
inlet or discharge line and immediately adjacent to the meter.
(4) Classification of Petroleum
Fuels. When gasoline, illuminating oils, heating fuels, or other motor fuels
are sold or offered for sale in Missouri, the invoice bill of lading, shipping
paper, or other documentation must identify the name of the product, the
particular grade of the product as designated by ASTM, and, when applicable,
the minimum octane (antiknock index) as listed in subsections (4)(A)-(K) of
this section. All retail dispensing devices must conspicuously identify the
name of the product, the particular grade of the product as designated, and,
when applicable, the minimum octane (antiknock index) as listed as follows:
(A) Automotive gasoline shall be identified
by leaded or unleaded and the octane (antiknock index) number. The octane
posting shall be in accordance with the Federal Trade Commission (FTC) 16 CFR
Part 306 - Automotive Fuel Ratings, Certification and Posting Rule;
(B) Gasoline-alcohol blends up to and
including ten percent (10%) ethanol shall be identified by leaded or unleaded
and the octane number. The octane posting shall be in accordance with FTC 16
CFR Part 306 - Automotive Fuel Ratings, Certification and Posting
Rule;
(C) Retailers and wholesale
purchaser-consumers of gasoline shall comply with the Environmental Protection
Agency (EPA) pump labeling requirements for gasoline containing greater than
ten (10) volume percent up to fifteen (15) volume percent ethanol (E15) under
40 CFR
1090.1500(b)(1-3)-
1510;
(D) Ethanol flex fuel
(gasoline greater than fifteen (15) volume percent ethanol) shall be labeled as
"Ethanol Flex Fuel." The automotive fuel rating for ethanol flex fuel shall be
posted in accordance with 16 CFR Part 306 - Automotive Fuel Ratings,
Certification and Posting Rule. The term "E85" is a permissible substitution
for product identity for street side posting and dispenser advertising in lieu
of the term "Ethanol Flex Fuel" for fuels with an ethanol concentration no less
than fifty-one (51) volume percent ethanol and no greater than eighty-three
(83) volume percent ethanol;
(E)
Aviation gasoline shall be identified by Grade 80, Grade 100, or Grade
100LL;
(F) Aviation turbine fuels
shall be identified by Jet A, Jet A-1, or Jet B;
(G) Diesel fuel shall be identified by the grades No.
1-D, No. 2-D, or No. 4-D;
(H)
Diesel containing more than five (5) volume percent biodiesel shall be labeled
with its automotive fuel rating in accordance with 16 CFR Part 306- Automotive
Fuel Ratings, Certification and Posting Rule;
(I) Diesel containing biodiesel greater than
twenty (20) volume percent shall display a label which states "Consult Vehicle
Manufacturer Fuel Recommendations." This label shall be clearly and
conspicuously posted on the upper fifty percent (50%) of the dispenser front
panel in a type at least six (6) mm (1/4 in) in height by 0.8 mm (1/32 in)
stroke; block style letters and the color shall be in definite contrast to the
background color to which it is applied;
(J) Fuel oil shall be identified by the grades of No. 1, No. 2,
No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6; and
(K) Kerosene shall be identified by the
grades of No. 1-K or No. 2-K. Grade No. 2-K sold or offered for sale at retail
shall also post conspicuously on the front of the dispensing device, the words
WARNING-NOT SUITABLE FOR USE IN UNVENTED HEATERS REQUIRING NO. 1-K in one-half
inch by one-sixteenth inch (1/2" x 1/16") strokes, block style
letters.
(5) Retail
Establishments-Retention of Delivery Tickets. The retailers shall retain on the
premises to which kerosene or motor fuel has been delivered, copies of the
loading ticket, manifest or delivery receipt for each grade of product
received, subject to examination by the director upon request. If a delivery
receipt is retained rather than a manifest or loading ticket, the delivery
ticket shall bear the following information: vendor name, date of deliver,
quantity of each grade, point of origin and the manifest or loading ticket
number. The required retention of the loading ticket, manifest or delivery
receipt shall be limited to the four (4) most recent receipts of each grade of
product.
(6) Water in Retail Tanks.
It shall be a violation for water to exceed one inch (1") in depth, when
measured from the bottom through the fill pipe, of any tank utilized in the
storage of regulated products sold at retail. Water must be removed from the
tank prior to the delivery and subsequent selling of additional product from
the storage tank.
(7) Stop Sale.
(A) Retail Service Stations. A Stop Sale
notice will be issued to retail service station dealers for kerosene or motor
fuel failing to meet established specifications. A release from a Stop Sale
order will be awarded only after final disposition has been agreed upon by the
director. Confirmation for disposition shall be submitted in writing and
contain an explanation for its failure to meet specifications. The Stop Sale
will apply only to the location where sample analysis indicates specification
violation. Upon discovery of fuels failing to meet established specifications,
meter readings and physical inventory shall be taken and reported in the
confirmation for disposition.
(B)
Bulk Storage Plants Including Terminals. A Stop Sale notice will be issued when
petroleum products maintained in bulk plant facilities fail to meet
specifications established by the director. The bulk storage plant immediately
shall notify all customers that have received those products and make any
arrangements necessary to replace or adjust to specifications those products.
Confirmation of disposition of Stop Sale on products shall be made available in
writing to the director. Specific variations or exemptions may be made for
fuels used for blending purposes or designed for special equipment or services
and for which it can be demonstrated that the distribution will be restricted
to those uses.
