2003 Minnesota Statutes

     239.761 Petroleum product specifications. 

    Subdivision 1.    Applicability.  A person responsible 
 for the product must meet the specifications in 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 296A.01.  Petroleum products named in 
 this section are defined in section 296A.01. 

    Subd. 3.    Gasoline.  (a) Gasoline that is not blended 
 with ethanol must not be contaminated with water or other 
 impurities and must comply with ASTM specification D4814-01.  
 Gasoline that is not blended with ethanol must also comply with 
 the volatility requirements in Code of Federal Regulations, 
 title 40, part 80.  

    (b) 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.  (a) Gasoline 
 may be blended with up to ten percent, by volume, agriculturally 
 derived, denatured ethanol that complies with the requirements 
 of subdivision 5.  

    (b) 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 D4814-01, or the 
 gasoline base stock from which a gasoline-ethanol blend was 
 produced must comply with ASTM specification D4814-01; 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 D4806-01.  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 nonethanol oxygenate.  
 (a) A person responsible for the product shall comply with the 
 following requirements: 

    (1) after July 1, 2000, gasoline containing in excess of 
 one-third of one percent, in total, of nonethanol oxygenates 
 listed in paragraph (b) must not be sold or offered for sale at 
 any time in this state; and 

    (2) after July 1, 2005, gasoline containing any of the 
 nonethanol oxygenates listed in paragraph (b) must not be sold 
 or offered for sale in this state. 

    (b) The oxygenates prohibited under paragraph (a) are: 

    (1) methyl tertiary butyl ether, as defined in section 
 296A.01, subdivision 34; 

    (2) ethyl tertiary butyl ether, as defined in section 
 296A.01, subdivision 18; or 

    (3) tertiary amyl methyl ether. 

    (c) Gasoline that is blended with a nonethanol oxygenate 
 must comply with ASTM specification D4814-01.  Nonethanol 
 oxygenates 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 D396-01. 

    Subd. 8.    Diesel fuel oil.  Diesel fuel oil must 
 comply with ASTM specification D975-01a. 

    Subd. 9.    Kerosene.  Kerosene must comply with ASTM 
 specification D3699-01. 

    Subd. 10.    Aviation gasoline.  Aviation gasoline must 
 comply with ASTM specification D910-00. 

    Subd. 11.    Aviation turbine fuel, jet fuel.  Aviation 
 turbine fuel and jet fuel must comply with ASTM specification 
 D1655-01. 

    Subd. 12.    Gas turbine fuel oil.  Fuel oil for use in 
 nonaviation gas turbine engines must comply with ASTM 
 specification D2880-00. 

    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 296A.01, subdivision 5, must 
 comply with ASTM specification D5798-99. 

    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 
 296A.01, subdivision 5, must comply with ASTM specification 
 D5797-96. 

    HIST: 1992 c 575 s 27; 1994 c 510 art 5 s 2; 1996 c 471 art 5 
 s 2; 1998 c 278 s 1; 1998 c 299 s 30; 1999 c 86 art 1 s 52,53; 
 2000 c 434 s 1; 1Sp2003 c 14 art 7 s 55-65