Mo. Code Regs. tit. 2 § 90-30.040

Current through Register Vol. 49, No.12, June 17, 2024

Section 2 CSR 90-30.040 - Quality Standards for Motor Fuels

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.

2 CSR 90-30.040

AUTHORITY: section 414.142, RSMo 2000. This rule was previously filed as 2 CSR 90-30.030. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11 , 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Emergency amendment filed Aug. 30, 2002, effective Sept. 10, 2002, expired March 9, 2003. Amended: Filed Aug. 30, 2002, effective Feb. 28, 2003. Amended: Filed May 31, 2013.

Amended by Missouri Register July 1, 2016/Volume 41, Number 13, effective 8/31/2016

Amended by Missouri Register December 15, 2016/Volume 41, Number 24, effective 1/29/2017

Amended by Missouri Register July 16, 2018/Volume 43, Number 14, effective 8/31/2018

Amended by Missouri Register April 15, 2020/Volume 45, Number 8, effective 5/31/2020

Amended by Missouri Register September 1, 2021/Volume 46, Number 17, effective 10/31/2021