41-2122. Standards for oxygenated fuel;
volatility; exceptions
A. From and after September 30 through March 31 of each year, in a county with a
population of one million two hundred thousand or more persons and in any portion of a
county contained in area A, blends of gasoline with ethanol shall not exceed the
volatility requirements prescribed by section 41-2083 and rules adopted by the director
under that section. From and after September 30, 1999 through March 31, 2000 and from and
after September 30 through March 31 of each year thereafter, in area B, blends of
gasoline with ethanol may exceed the volatility requirements prescribed by section
41-2083 and rules adopted by the director under that section by up to one pound per
square inch if the base fuel meets the requirements of ASTM D4814 and the final
gasoline-ethanol blend contains at least six per cent ethanol by volume but does not
exceed United States environmental protection agency waivers. For any other locations and
period of time, blends of gasoline with ethanol shall meet the volatility requirements as
determined by department rule.
B. Notwithstanding subsection D 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 motor vehicle
carbon monoxide emission reductions that will equal or exceed the reductions that result
under subsection D of this section. In making those determinations, the directors shall
compare the alternative measure against the emission reduction that would be obtained
from a fuel with the maximum vapor pressure standard prescribed by subsection D of this
section and the minimum oxygen standard prescribed by section 41-2123 or 41-2125.
Alternative fuel control measures approved by the director of the department of weights
and measures in consultation with the director of the department of environmental quality
may be used by any manufacturer or supplier of gasoline unless the approval is rescinded
by the director of the department of weights and measures at least one hundred eighty
days before the beginning of any oxygenate period in the future. Manufacturers and
suppliers who choose to use an approved alternate fuel control measure shall annually
submit a compliance plan to the director of the department of weights and measures not
later than sixty days prior to the start of the oxygenate period.
C. From and after September 30 through March 31 of each year, all blends of
gasoline with alcohol other than ethanol shall satisfy all of the requirements prescribed
by section 41-2083 and rules adopted by the director under that section and the
provisions of a waiver issued by the United States environmental protection agency
pursuant to 42 United States Code section 7545(f).
D. Notwithstanding subsection A of this section, if the director of the department
of environmental quality has previously raised the minimum oxygen content to the maximum
percentage of oxygen allowed for each oxygenate as provided by section 41-2125, the
designated air quality planning agency for area B has considered, analyzed and reviewed
the costs and benefits of all other reasonable and available control measures in lieu of
reducing volatility requirements to nine pounds per square inch and the director of the
department of environmental quality finds that area B has failed to maintain the carbon
monoxide national ambient air quality standards by violating the standard, beginning with
the oxygenate period beginning on the following September 30 and for each oxygenate
period thereafter in area B, the volatility requirements described by section 41-2083,
subsection G may be reduced to nine pounds per square inch. If a violation of the carbon
monoxide national ambient air quality standards is recorded after the volatility
requirements have been reduced to nine pounds per square inch, the director of the
department of environmental quality shall remove the one pound per square inch waiver for
gasoline-ethanol blends.
E. Beginning on January 1, 2005, gasoline that is supplied or sold by any person
and that is intended as a final product for the fueling of motor vehicles within this
state shall not contain the following:
1. Methyl tertiary butyl ether that exceeds 0.3 per cent by volume.
2. Beginning on January 1, 2006, a total of more than 0.10 per cent oxygen by
weight collectively from all of the following oxygenates:
(a) Diisopropylether (DIPE).
(b) Ethyl tert-butylether (ETBE).
(c) Iso-butanol.
(d) Isopropanol.
(e) Methanol.
(f) N-butanol.
(g) N-propanol.
(h) Sec-butanol.
(i) Tert-amylmethylether (TAME).
(j) Tert-butanol.
(k) Tert-pentanol (tert-amylalcohol).
F. Subsection E of this section does not prohibit the transshipment through this
state, including storage incident to that transshipment, of gasoline that contains the
oxygenates prescribed by subsection E of this section if both of the following apply:
1. The gasoline is used or disposed outside this state.
2. The gasoline is segregated from gasoline that is intended for use inside this
state.
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