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Chapter 239

Section 239.761

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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 D4814-06. 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 D4814-06, or the gasoline base stock from which a
gasoline-ethanol blend was produced must comply with ASTM specification D4814-06; 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 D4806-06c. 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 D4814-06. 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 D396-05a.
    Subd. 8. Diesel fuel oil. Diesel fuel oil must comply with ASTM specification D975-06b.
    Subd. 9. Kerosene. Kerosene must comply with ASTM specification D3699-06.
    Subd. 10. Aviation gasoline. Aviation gasoline must comply with ASTM specification
D910-04a.
    Subd. 11. Aviation turbine fuel, jet fuel. Aviation turbine fuel and jet fuel must comply
with ASTM specification D1655-06a.
    Subd. 12. Gas turbine fuel oil. Fuel oil for use in nonaviation gas turbine engines must
comply with ASTM specification D2880-03.
    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
(2004).
    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.
    Subd. 15. Biodiesel blend definition. "Biodiesel blend" means a blend of diesel fuel and
biodiesel fuel at a ratio designated by "BXX" where "XX" represents the volume percent of
biodiesel fuel in the blend.
    Subd. 16. Biodiesel fuel definition. "Biodiesel fuel" means a renewable, biodegradable,
mono alkyl ester combustible liquid that is derived from agricultural plant oils or animal fats and
that meets American Society for Testing and Materials (ASTM) specification D6751-07 for
Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
History: 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; 1Sp2005 c
1 art 4 s 66; 2007 c 62 s 2