Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 278-H.F.No. 3071 
                  An act relating to motor fuels; updating petroleum 
                  specifications; amending Minnesota Statutes 1996, 
                  sections 239.761; and 239.792. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 239.761, is 
        amended to read: 
           239.761 [PETROLEUM PRODUCT SPECIFICATIONS.] 
           Subdivision 1.  [APPLICATION.] A person responsible for the 
        product must meet the specifications in subdivisions 3 to 
        12 this section.  The specifications apply to petroleum products 
        processed, held, stored, imported, transferred, distributed, 
        offered for distribution, offered for sale or use, or sold in 
        Minnesota. 
           Subd. 2.  [COORDINATION WITH DEPARTMENTS OF REVENUE AND 
        AGRICULTURE.] The petroleum product specifications in this 
        section are intended to match the definitions and specifications 
        in sections 41A.09 and 296.01.  Petroleum products named in 
        subdivisions 3 to 12 this section are defined in section 296.01. 
           Subd. 3.  [GASOLINE.] Gasoline that is not blended with 
        ethanol must not be contaminated with water or other impurities 
        and must comply with ASTM specification D 4814-92c D 4814-96.  
        Gasoline that is not blended with ethanol must also comply with 
        the volatility requirements in Code of Federal Regulations, 
        title 40, part 80.  After gasoline is sold, transferred, or 
        otherwise removed from a refinery or terminal, a person 
        responsible for the product: 
           (1) may blend the gasoline with agriculturally derived 
        ethanol as provided in subdivision 4; 
           (2) shall not blend the gasoline with any oxygenate other 
        than denatured, agriculturally derived ethanol; 
           (3) shall not blend the gasoline with other petroleum 
        products that are not gasoline or denatured, agriculturally 
        derived ethanol; 
           (4) shall not blend the gasoline with products commonly and 
        commercially known as casinghead gasoline, absorption gasoline, 
        condensation gasoline, drip gasoline, or natural gasoline; and 
           (5) may blend the gasoline with a detergent additive, an 
        antiknock additive, or an additive designed to replace 
        tetra-ethyl lead, that is registered by the EPA. 
           Subd. 4.  [GASOLINE BLENDED WITH ETHANOL.] Gasoline may be 
        blended with up to ten percent, by volume, agriculturally 
        derived, denatured ethanol that complies with the requirements 
        of subdivision 5.  A gasoline-ethanol blend must: 
           (1) comply with the volatility requirements in Code of 
        Federal Regulations, title 40, part 80; 
           (2) comply with ASTM specification D 4814-90a D 4814-96, or 
        the gasoline base stock from which a gasoline-ethanol blend was 
        produced must comply with ASTM specification D 4814-90a D 
        4814-96; and 
           (3) not be blended with casinghead gasoline, absorption 
        gasoline, condensation gasoline, drip gasoline, or natural 
        gasoline after the gasoline-ethanol blend has been sold, 
        transferred, or otherwise removed from a refinery or terminal. 
           Subd. 5.  [DENATURED ETHANOL.] Denatured ethanol that is to 
        be blended with gasoline must be agriculturally derived and must 
        comply with ASTM specification D 4806-88 D 4806-95b.  This 
        includes the requirement that ethanol may be denatured only as 
        specified in Code of Federal Regulations, title 27, parts 20 and 
        21. 
           Subd. 6.  [GASOLINE BLENDED WITH AN OXYGENATE.] Gasoline 
        that is blended with an oxygenate, other than denatured ethanol, 
        must comply with ASTM specification D 4814-90a D 4814-96.  
        Oxygenates, other than denatured ethanol, must not be blended 
        into gasoline after the gasoline has been sold, transferred, or 
        otherwise removed from a refinery or terminal. 
           Subd. 7.  [HEATING FUEL OIL.] Heating fuel oil must comply 
        with ASTM specification D 396-90a D 396-96. 
           Subd. 8.  [DIESEL FUEL OIL.] Diesel fuel oil must comply 
        with ASTM specification D 975-90 D 975-96a. 
           Subd. 9.  [KEROSENE.] Kerosene must comply with ASTM 
        specification D 3699-90 D 3699-96a. 
           Subd. 10.  [AVIATION GASOLINE.] Aviation gasoline must 
        comply with ASTM specification D 910-90 D 910-96. 
           Subd. 11.  [AVIATION TURBINE FUEL, JET FUEL.] Aviation 
        turbine fuel and jet fuel must comply with ASTM specification D 
        1655-90 D 1655-96c. 
           Subd. 12.  [GAS TURBINE FUEL OIL.] Fuel oil for use in 
        nonaviation gas turbine engines must comply with ASTM 
        specification D 2880-90a D 2880-96a. 
           Subd. 13.  [E85.] A blend of ethanol and gasoline, 
        containing at least 60 percent ethanol and not more than 85 
        percent ethanol, produced for use as a motor fuel in alternative 
        fuel vehicles as defined in section 296.01, subdivision 5, must 
        comply with ASTM specification D 5798-96. 
           Subd. 14.  [M85.] A blend of methanol and gasoline, 
        containing at least 85 percent methanol, produced for use as a 
        motor fuel in alternative fuel vehicles as defined in section 
        296.01, subdivision 5, must comply with ASTM specification D 
        5797-96. 
           Sec. 2.  Minnesota Statutes 1996, section 239.792, is 
        amended to read: 
           239.792 [GASOLINE OCTANE.] 
           Subdivision 1.  [GASOLINE OCTANE; DISCLOSURE.] A 
        manufacturer, hauler, blender, agent, jobber, consignment agent, 
        importer, or distributor who sells, delivers, or distributes 
        gasoline or gasoline-oxygenate blends, shall provide, at the 
        time of delivery, a bill of lading or shipping manifest to the 
        person who receives the gasoline.  The bill or manifest must 
        state the minimum octane of the gasoline delivered.  The stated 
        octane number must be the average of the "motor method" octane 
        number and the "research method" octane number as determined by 
        the test methods in ASTM specification D 439-89 or D 4814-90a D 
        4814-96, or by a test method adopted by department rule. 
           Subd. 2.  [GASOLINE OCTANE; DISPENSER LABELING.] A person 
        responsible for the product shall clearly, conspicuously, and 
        permanently label each gasoline dispenser that is used to sell 
        gasoline or gasoline-oxygenate blends at retail or to dispense 
        gasoline or gasoline-oxygenate blends into the fuel supply tanks 
        of motor vehicles, with the minimum octane of the gasoline 
        dispensed.  The label must meet the following requirements: 
           (a) The octane number displayed on the label must represent 
        the average of the "motor method" octane number and the 
        "research method" octane number as determined by the test 
        methods in ASTM specification D 439-89 or D 4814-90a D 4814-96, 
        or by a test method adopted by department rule. 
           (b) The label must be at least 2-1/2 inches high and three 
        inches wide, with a yellow background, black border, and black 
        figures and letters. 
           (c) The number representing the octane of the gasoline must 
        be at least one inch high. 
           (d) The label must include the words "minimum octane" and 
        the term "(R+M)/2" or "(RON+MON)/2." 
           Presented to the governor March 13, 1998 
           Signed by the governor March 16, 1998, 10:27 a.m.