Section 33.1-34-01-01 - Analytical Specifications1.Petroleum and fuel product specifications. Petroleum and fuel products, including gasoline, alcohol-blended gasoline, diesel, tractor fuel, fuel oil (heating oil), kerosene, biodiesel, biodiesel blends, and all other alternative fuels shall comply with the most current applicable specifications of American society for testing and materials (ASTM), which are found in section 5 - petroleum products, lubricants, and fossil fuels of that organization's publication "Annual Book of ASTM Standards" and supplements thereto or revisions thereof as may be designated by ASTM, except as modified or rejected by this chapter or any rule promulgated pursuant to chapter 19-10 of the North Dakota Century Code. If gasoline is blended with ethanol, it shall be blended under any of the following three options: a. The base gasoline used in such blends shall meet the requirements of ASTM D4814; b. The blend shall meet the requirements of ASTM D4814; or c. The base gasoline used in such blends shall meet all the requirements of ASTM D4814 except distillation, and the blend shall meet the distillations requirements of the ASTM specification. The volatility standards for blends of gasoline and ethanol shall be the same as those adopted under the rules, regulations, and Clean Air Act waivers of the environmental protection agency of the United States department of the interior. Fuel products shall not be blended at a retail location with products commonly and commercially known as casing head gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural gasoline.
2.Ethanol specifications. The denatured ethanol at the time of blending with gasoline shall conform to the most recent version of ASTM D4806, "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel", except as modified or rejected by this chapter or any rule promulgated pursuant to chapter 19-10 of the North Dakota Century Code. 3.Permissible levels of alcohol. The maximum permitted level or levels of ethanol, methanol, or other alcohol, in gasoline or alcohol-blended gasoline must be in accord with any levels as established by the environmental protection agency of the United States department of the interior. Any blender or wholesaler distributing a gasoline containing methanol which has been granted an exemption or waiver by the environmental protection agency in reference to this section shall inform the department of environmental quality and the retailer of the blended product of this exemption or waiver in writing prior to distribution.N.D. Admin Code 33.1-34-01-01
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-13-02, 23.1-13-12; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-13-12; S.L. 2017, ch. 199, § 28