41-2083

41-2083. Standards for motor fuel;
exceptions

A. Except as provided in section 41-2083.01 and subsections C, D, E, F, G, K and L
of this section, a retail seller or fleet owner shall not store, sell or expose or offer
for sale any motor fuel, kerosene, oil or other liquid or gaseous fuel or lubricating
oil, lubricant, mixtures of lubricants or other similar products if the product fails to
meet the standards specified in this section and in the rules adopted by the director.

B. A person shall not misrepresent the nature, origination, quality, grade or
identity of any product specified in subsection A of this section or represent the
nature, origination, quality, grade or identity of such product in any manner calculated
or tending to mislead or in any way deceive. This subsection does not prohibit product
origination disclaimer labeling on the retail dispenser.

C. After consultation with the director of the department of environmental quality,
the standards and test methods for motor fuels shall be established by the director of
the department of weights and measures by rule.

D. Maximum vapor pressure for gasoline that is supplied or sold by any person and
that is intended as a final product for the fueling of motor vehicles in a county with a
population of one million two hundred thousand or more persons and any portion of a
county contained in area A as defined in section 49-541 shall be 9.0 pounds per square
inch from and after September 30 through March 31 of each year. Fuel used in motor
vehicles at a manufacturer's proving ground or a motor vehicle racing event as defined by
section 41-2121 is exempt from this subsection.

E. From and after September 30 through March 31 of each year a person shall not
supply or sell gasoline that exceeds the ASTM D4814 class A vapor pressure/distillation
class ten volume per cent evaporated distillation temperature.

F. Maximum vapor pressure for gasoline that is supplied or sold by any person and
that is intended as a final product for the fueling of motor vehicles in a county with a
population of one million two hundred thousand persons or more and any portion of a
county contained in area A as defined in section 49-541 shall be 7.0 pounds per square
inch from and after May 31 through September 30 of each year. Fuel used in motor
vehicles at a manufacturer's proving ground or a motor vehicle racing event as defined by
section 41-2121 is exempt from this subsection.

G. Exclusively for the purposes of transportation conformity and only if the
administrator of the United States environmental protection agency fails to approve the
applicable plan required pursuant to section 49-406, maximum vapor pressure for gasoline
that is supplied or sold by any person and that is intended as a final product for the
fueling of motor vehicles in area B as defined in section 49-541 shall be ten pounds per
square inch from and after September 30 through March 31 of each year. Fuel used in
motor vehicles at a manufacturer's proving ground or a motor vehicle racing event as
defined by section 41-2121 is exempt from this subsection.

H. Notwithstanding subsections D, F and G of this section, the director of the
department of weights and measures in consultation with the director of the department of
environmental quality shall approve alternate fuel control measures that are submitted by
manufacturers or suppliers of gasoline and that the directors determine will result in
either of the following:

1. Motor vehicle carbon monoxide emissions that are equal to or less than emissions
that result under compliance with subsection D of this section and section 41-2123. In
making this determination, the director of the department of weights and measures and the
director of the department of environmental quality shall compare the emissions of the
alternate fuel control measure with the emissions of a fuel with a maximum vapor pressure
standard as prescribed by this section and with the minimum oxygen content or percentage
by volume of ethanol as prescribed by section 41-2123.

2. Motor vehicle non-methane hydrocarbon emissions that are equal to or less than
the emissions that result under compliance with subsection F of this section. In making
this determination, the director of the department of weights and measures and the
director of the department of environmental quality shall compare the motor vehicle
non-methane hydrocarbon emissions of the alternate fuel control measure with the motor
vehicle non-methane hydrocarbon emissions of a fuel that complies with the maximum vapor
pressure standard as prescribed by subsection F of this section.

I. Any alternate fuel control measures that are approved shall not increase
emissions of non-methane hydrocarbons, particulates, carbon monoxide or oxides of
nitrogen. Alternate fuel control measures approved pursuant to subsection H of this
section and this subsection may be used by any manufacturer or supplier of gasoline
unless the approval is rescinded more than one hundred eighty days before the first day
of a gasoline control period. Manufacturers and suppliers who use an approved alternate
fuel control measure shall annually submit a compliance plan to the director of the
department of weights and measures no later than sixty days before the first day of a
gasoline control period.

J. A person shall not sell or offer or expose for sale diesel fuel grade 1, 2 or 4
as defined in ASTM D975 that contains sulfur in excess of:

1. For low sulfur diesel fuel, five hundred parts per million by weight for use in
area A as defined in section 49-541.

2. For ultra low sulfur diesel fuel, the amount that conforms with 40 Code of
Federal Regulations section 80.520(a)(1).

K. A person shall not sell or offer or expose for sale diesel fuel, biodiesel or
biodiesel blends that contain sulfur in excess of five hundred parts per million for use
in area A as defined in section 49-541.

L. A person shall label dispensers at which biodiesel or biodiesel blends are
dispensed in conformance with 16 code of Federal Regulations part 306 and 40 Code of
Federal Regulations sections 80.570, 80.571, 80.572, 80.573 and 80.574. This section does
not preclude a person from labeling a dispenser that dispenses diesel fuel that contains
up to five per cent biodiesel With a label that states "may contain up to five per cent
biodiesel".

M. For biodiesel blends that contain more than five per cent by volume of
biodiesel, a person shall prepare product transfer documents in a manner that notifies
the transferee of the per cent by volume of biodiesel in the product. For diesel fuel
that contains five per cent or less by volume of biodiesel, a person shall prepare
product transfer documents in a manner that notifies that transferee of any volume per
cent of biodiesel intentionally added to or known by the transferor to be in the product.

N. The director shall adopt rules regarding the establishment and enforcement of
all of the following:

1. National or federal standards for individual biofuels and biofuel blends.

2. United States environmental protection agency and ASTM test methods for
individual biofuels and biofuel blends.

3. Registration and reporting requirements for producers, blenders and suppliers of
biofuels and biofuel blends.

4. Labeling requirements for biofuels and biofuel blends other than biodiesel or
biodiesel blends.

5. Quality assurance and quality control programs for producers, blenders and
suppliers of biofuels and biofuel blends addressing rack, batch or other blending.

6. Requirements that the dispensing equipment meet appropriate UL ratings where
available and applicable, that the equipment comply with rules adopted by the department
relating to approval, installation and sale of devices and that the equipment be
compatible with the products being dispensed.

O. A biofuels or biofuel blends producer, blender, distributor, supplier or retail
seller that is in compliance with this section and the rules adopted pursuant to this
section is not liable to a consumer for any injuries or property damage related to a
consumer who misfuels.

P. A person shall label each dispenser at which ultra low sulfur diesel fuel is
dispensed in a manner that conforms with 40 Code of Federal Regulations sections 80.570,
80.571, 80.572, 80.573 and 80.574 to inform the customer of the sulfur content of the
diesel fuel being dispensed.

Q. A person shall label each dispenser at which low sulfur diesel fuel is dispensed
in a manner that conforms with 40 Code of Federal Regulations sections 80.570, 80.571,
80.572, 80.573 and 80.574 to inform the customer of the sulfur content of the diesel fuel
being dispensed.

R. If any person transfers custody or title of a diesel fuel or distillate, except
if the diesel fuel is dispensed into a motor vehicle or nonroad, locomotive or marine
equipment, the transferor shall provide to the transferee product transfer documents that
conform with 40 Code of Federal Regulations section 80.590.

S. If the transfer of a motor fuel is from a terminal, storage facility, or
transmix facility, the product transfer documents shall contain the information
prescribed in subsection R of this section as well as the name and address of the final
destination for the shipment, as prescribed by department rule, and must accompany the
shipment to its final destination.