1998 Minnesota Statutes

     239.791 Oxygenated gasoline. 

    Subdivision 1.    Minimum oxygen content required.  
 Except as provided in subdivisions 10 to 12, a person 
 responsible for the product shall comply with the following 
 requirements: 

    (a) After October 1, 1995, gasoline sold or offered for 
 sale at any time in a carbon monoxide control area must contain 
 at least 2.7 percent oxygen by weight. 

    (b) After October 1, 1997, all gasoline sold or offered for 
 sale in Minnesota must contain at least 2.7 percent oxygen by 
 weight. 

    Subd. 2. Repealed, 1993 c 250 s 3 

    Subd. 3.    Blending restriction.  When gasoline 
 contains an oxygenate, a person responsible for the product 
 shall not blend the product with ethanol or with any other 
 oxygenate after it is transferred or otherwise removed from a 
 refinery or terminal. 

    Subd. 4. Repealed, 1995 c 220 s 141 

    Subd. 5. Repealed, 1995 c 220 s 141 

    Subd. 6. Repealed, 1995 c 220 s 141 

    Subd. 7.    Oxygenate records; state audit.  The 
 director shall audit the records of registered oxygenate 
 blenders to ensure that each blender has met all requirements in 
 this chapter.  Specific information or data relating to sales 
 figures or to processes or methods of production unique to the 
 blender or that would tend to adversely affect the competitive 
 position of the blender must be only for the confidential use of 
 the director, unless otherwise specifically authorized by the 
 registered blender. 

    Subd. 8.    Disclosure.  A refinery or terminal, shall 
 provide, at the time gasoline is sold or transferred from the 
 refinery or terminal, a bill of lading or shipping manifest to 
 the person who receives the gasoline.  For oxygenated gasoline, 
 the bill of lading or shipping manifest must include the 
 identity and the volume percentage or gallons of oxygenate 
 included in the gasoline, and it must state:  "This fuel 
 contains an oxygenate.  Do not blend this fuel with ethanol or 
 with any other oxygenate."  For nonoxygenated gasoline sold or 
 transferred before October 1, 1997, the bill or manifest must 
 state:  "This fuel must not be sold at retail in a carbon 
 monoxide control area."  For nonoxygenated gasoline sold or 
 transferred after September 30, 1997, the bill or manifest must 
 state:  "This fuel is not oxygenated.  It must not be sold at 
 retail in Minnesota."  This subdivision does not apply to sales 
 or transfers of gasoline between refineries, between terminals, 
 or between a refinery and a terminal. 

    Subd. 9. Repealed, 1995 c 220 s 141 

    Subd. 10.    Exemption for airport, marina, mooring 
 facility, and resort.  A person responsible for the product 
 may offer for sale, sell, or dispense at an airport, marina, 
 mooring facility, or resort, for use in airplanes or for 
 purposes listed under subdivision 12, paragraph (a), gasoline 
 that is not oxygenated in accordance with subdivision 1 if the 
 gasoline is unleaded premium grade as defined in section 
 239.751, subdivision 4. 

    Subd. 11.    Exemption for motor sports racing.  A 
 person responsible for the product may offer for sale, sell, or 
 dispense at a public or private racecourse, gasoline that is not 
 oxygenated in accordance with subdivision 1 if the gasoline is 
 intended to be used exclusively as a fuel for off-highway motor 
 sports racing events. 

    Subd. 12.    Exemption for collector vehicle and off-road 
 use.  (a) Except during a carbon monoxide control period in a 
 carbon monoxide control area, a person responsible for the 
 product may offer for sale, sell, or dispense at a retail 
 gasoline station for use in collector vehicles or vehicles 
 eligible to be licensed as collector vehicles, off-road 
 vehicles, motorcycles, boats, snowmobiles, or small engines, 
 gasoline that is not oxygenated in accordance with subdivision 1 
 if the person meets the conditions in paragraphs (b) to (d).  If 
 the nonoxygenated gasoline is for use in a small engine, it must 
 be dispensed into a can with a capacity of six or fewer gallons. 

    (b) The nonoxygenated gasoline must be unleaded premium 
 grade as defined in section 239.751, subdivision 4. 

    (c) No more than one storage tank on the premises of the 
 retail gasoline station may be used for storage of the 
 nonoxygenated gasoline offered for sale, sold, or dispensed by 
 the station. 

    (d) The pump stands must be posted with a permanent notice 
 stating:  "NONOXYGENATED GASOLINE.  FOR USE IN COLLECTOR 
 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 
 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 
 SMALL ENGINES ONLY." 

    HIST: 1992 c 575 s 29; 1993 c 250 s 1; 1993 c 369 s 73,74; 
 1995 c 220 s 116; 1996 c 354 s 8-11