PURPOSE: Missouri currently adopts the most
current version of the annual book of ASTM standards and supplements thereto.
This amendment will adopt the 2024 edition of annual book of ASTM standards to
comply with section 536.031, RSMo. Because we will
no longer adopt the most current version of the annual book of ASTM standards
and supplements thereto, we must also remove paragraph (1)(C)5. This section
states that vapor pressure exceptions remained in effect until ASTM
incorporated changes to the vapor pressure maximums for ethanol blends. With
adoption of the proposed changes, this paragraph is no longer accurate.
Additionally, pursuant to provisions specified by the Clean Air Act (CAA), the
Governors of Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota,
and Wisconsin submitted petitions requesting that EPA remove the 1-pound per
square inch (psi) Reid vapor pressure (RVP) waiver for summer gasoline-ethanol
blended fuel containing 10 percent ethanol (E10). EPA is acting on those
petitions by removing the 1-psi waiver in those States effective April 28,
2025. This amendment will align Missouri fuel quality regulation with the
Environmental Protection Agency (EPA) removal of the 1-pound RVP allowance
during the summer months for gasoline-ethanol blended fuels containing 10
percent ethanol (E10). Finally, a specific reference to the EPA's pump labeling
requirement found in 40 CFR 1090 will be removed because it is not
necessary.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
SUMMARY: ASTM International, formerly known as the
American Society of Testing and Materials (ASTM) addresses standard
specifications for kerosene, diesel fuel, heating oil, aviation turbine fuel,
gasoline, gasoline-alcohol blends, and other motor fuels. Missouri references
the 2024 edition of ASTM specifications as Missouri law (section
414.032 RSMo).
(1) Regulation Regarding Quality of Motor
Fuels. The following fuels when sold, offered for sale, or when used in this
state shall meet the following requirements:
(A) Motor Fuels. Any liquid fuel product used
for the generation of power in an internal combustion engine. Note: liquefied
petroleum gas which is composed predominantly of propane, propylene, butanes
(normal or isobutanes), and butylenes are not considered as motor fuels in
Chapter 414, RSMo and this regulation;
(B) All automotive gasoline shall meet the
requirements set in ASTM D4814-24a Standard Specification for Automotive
Spark-Ignition Engine Fuel (July 2024), herein incorporated by reference and
made a part of this rule as published by ASTM International, 100 Barr Harbor
Drive, PO Box C700, West Conshohocken, PA 19428-2959, phone: (610) 832-9500,
website:
www.astm.org. This rule does not
incorporate any subsequent amendments or additions;
(C) All automotive gasoline containing
oxygenated additives shall meet the requirements set in ASTM D4814-24a and the
following requirements:
1. When methanol is
blended in quantities greater than three tenths (0.3) volume percent, the
finished blend shall contain at least an equal amount of butanol or higher
molecular weight alcohol;
2. When
gasoline contains one percent (1%) or up to and including fifteen percent (15%)
ethanol, a one pound per square inch (1.0 psi) vapor pressure tolerance is
allowed for volatility classes A, B, C, and D from September 16 through May 31
for retailers and wholesale purchaser-consumers and September 16 through April
30 for refineries, importers, pipelines, and terminals; and
3. When gasoline contains one percent (1%) or up to
and including fifteen percent (15%) ethanol, a one-half pound per square inch
(0.5 psi) vapor pressure tolerance is allowed for volatility class E from
September 16 through May 31;
(D) All gasoline or gasoline-oxygenate blends
classified as leaded shall contain a minimum of five hundredths (0.05) grams of
lead per United States gallon;
(E)
The minimum (R±M)/2 octane rating of automotive gasoline grades and
gasolineoxygenate blended grades shall be no less than the following:
1. Regular Unleaded 87; and
2. Premium, Super, Supreme 91; and
(F) The motor octane number shall
not be less than eighty-two (82) for regular unleaded
gasoline.
(2) Method of
Sale of Gasoline-Alcohol Blends. At the time of delivery, the retailer must be
provided an invoice, bill of lading, shipping paper, or other documentation, by
the supplier and/or carrier, the presence and maximum amount of ethanol,
methanol, or any type of alcohol (in terms of percent by volume) contained in
the fuel. It is the responsibility of any potential blender to determine the
total oxygen content of the motor fuel before blending.
(3) Procedures for Storage of Motor Fuels
Containing Alcohol Additives. The following procedures shall be used by retail
outlets when the total alcohol content is over three-tenths (0.3) volume
percent:
(A) Retail establishments offering
any gasoline-alcohol blended fuel for the first time shall remove all water and
precipitated materials from the storage tank before the gasoline-alcohol blend
is delivered into the tank; and
(B)
A suitable filter, ten (10) microns or less, must be installed in the meter
inlet or discharge line and immediately adjacent to the meter.
(4) Classification of Petroleum
Fuels. When gasoline, illuminating oils, heating fuels, or other motor fuels
are sold or offered for sale in Missouri, the invoice bill of lading, shipping
paper, or other documentation must identify the name of the product, the
particular grade of the product as designated by ASTM, and, when applicable,
the minimum octane (antiknock index) as listed in subsections (4)(A)-(K) of
this section. All retail dispensing devices must conspicuously identify the
name of the product, the particular grade of the product as designated, and,
when applicable, the minimum octane (antiknock index) as listed as follows:
(A) Automotive gasoline shall be identified
by leaded or unleaded and the octane (antiknock index) number. The octane
posting shall be in accordance with the Federal Trade Commission (FTC) 16 CFR
Part
306 - Automotive Fuel Ratings, Certification and Posting Rule;
(B) Gasoline-alcohol blends up to and
including ten percent (10%) ethanol shall be identified by leaded or unleaded
and the octane number. The octane posting shall be in accordance with FTC 16
CFR Part
306 - Automotive Fuel Ratings, Certification and Posting
Rule;
(C) Retailers and wholesale
purchaser-consumers of gasoline shall comply with the Environmental Protection
Agency (EPA) pump labeling requirements for gasoline containing greater than
ten (10) volume percent up to fifteen (15) volume percent ethanol
(E15);
(D) Ethanol flex fuel
(gasoline greater than fifteen (15) volume percent ethanol) shall be labeled as
"Ethanol Flex Fuel." The automotive fuel rating for ethanol flex fuel shall be
posted in accordance with 16 CFR Part
306 - Automotive Fuel Ratings,
Certification and Posting Rule. The term "E85" is a permissible substitution
for product identity for street side posting and dispenser advertising in lieu
of the term "Ethanol Flex Fuel" for fuels with an ethanol concentration no less
than fifty-one (51) volume percent ethanol and no greater than eighty-three
(83) volume percent ethanol;
(E)
Aviation gasoline shall be identified by Grade 80, Grade 100, or Grade
100LL;
(F) Aviation turbine fuels
shall be identified by Jet A, Jet A-1, or Jet B;
(G) Diesel fuel shall be identified by the
grades No. 1-D, No. 2-D, or No. 4-D;
(H) Diesel containing more than five (5)
volume percent biodiesel shall be labeled with its automotive fuel rating in
accordance with 16 CFR Part
306 - Automotive Fuel Ratings, Certification and
Posting Rule;
(I) Diesel containing
biodiesel greater than twenty (20) volume percent shall display a label which
states "Consult Vehicle Manufacturer Fuel Recommendations." This label shall be
clearly and conspicuously posted on the upper fifty percent (50%) of the
dispenser front panel in a type at least six (6) mm (1/4 in) in height by 0.8
mm (1/32 in) stroke; block style letters and the color shall be in definite
contrast to the background color to which it is applied;
(J) Fuel oil shall be identified by the
grades of No. 1, No. 2, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or
No. 6; and
(K) Kerosene shall be
identified by the grades of No. 1-K or No. 2-K. Grade No. 2K sold or offered
for sale at retail shall also post conspicuously on the front of the dispensing
device, the words WARNING-NOT SUITABLE FOR USE IN UNVENTED HEATERS REQUIRING
NO. 1-K in one-half inch by one-sixteenth inch (1/2" × 1/16") strokes,
block style letters.
(5)
Retail Establishments-Retention of Delivery Tickets. The retailers shall retain
on the premises to which kerosene or motor fuel has been delivered, copies of
the loading ticket, manifest, or delivery receipt for each grade of product
received, subject to examination by the director upon request. If a delivery
receipt is retained rather than a manifest or loading ticket, the delivery
ticket shall bear the following information: vendor name, date of delivery,
quantity of each grade, point of origin, and the manifest or loading ticket
number. The required retention of the loading ticket, manifest, or delivery
receipt shall be limited to the four (4) most recent receipts of each grade of
product.
(6) Water in Retail Tanks.
It shall be a violation for water to exceed one inch (1") in depth, when
measured from the bottom through the fill pipe, of any tank utilized in the
storage of regulated products sold at retail. Water must be removed from the
tank prior to the delivery and subsequent selling of additional product from
the storage tank.
(7) Stop Sale.
(A) Retail Service Stations. A Stop Sale
notice will be issued to retail service station dealers for kerosene or motor
fuel failing to meet established specifications. A release from a Stop Sale
order will be awarded only after final disposition has been agreed upon by the
director. Confirmation for disposition shall be submitted in writing and
contain an explanation for its failure to meet specifications. The Stop Sale
will apply only to the location where sample analysis indicates specification
violation. Upon discovery of fuels failing to meet established specifications,
meter readings and physical inventory shall be taken and reported in the
confirmation for disposition.
(B)
Bulk Storage Plants Including Terminals. A Stop Sale notice will be issued when
petroleum products maintained in bulk plant facilities fail to meet
specifications established by the director. The bulk storage plant immediately
shall notify all customers that have received those products and make any
arrangements necessary to replace or adjust to specifications those products.
Confirmation of disposition of Stop Sale on products shall be made available in
writing to the director. Specific variations or exemptions may be made for
fuels used for blending purposes or designed for special equipment or services
and for which it can be demonstrated that the distribution will be restricted
to those uses.
