September 11, 2012, Introduced by Rep. Daley and referred to the Committee on Agriculture.
A bill to amend 1984 PA 44, entitled
"Motor fuels quality act,"
by amending sections 2, 3, and 4a (MCL 290.642, 290.643, and
290.644a), sections 2 and 4a as amended by 2006 PA 271 and section
3 as amended by 2008 PA 313.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Additive" means any substance in gasoline other than
gasoline but does not include approved blending components, other
than lead, sodium, and phosphate components, introduced at
refineries or terminals as octane or product quality enhancers in
quantities of less than 1% of volume.
(b)
"American society for testing and materials" means an
international
nonprofit scientific and educational society devoted
to
the promotion of knowledge of the materials of engineering and
the
standardization of specification and methods of testing.
(b) (c)
"Antiknock index" or
"AKI" means an index number
arrived at by adding the motor octane number and the research
octane number, then dividing by 2.
(c) "ASTM" means the American society for testing and
materials international, an international nonprofit scientific and
educational society devoted to the promotion of knowledge of the
materials of engineering and the standardization of specification
and methods of testing.
(d) "Biodiesel" means a fuel composed of mono-alkyl esters of
long chain fatty acids derived from vegetable oils or animal fats,
and,
in accordance with standards specified by the American society
for
testing and materials, ASTM, designated B100, and meeting the
requirements of ASTM D-6751, as approved by the department.
(e) "Biodiesel blend" means a fuel comprised of a blend of
biodiesel fuel with petroleum-based diesel fuel, suitable for use
as a fuel in a compression-ignition internal combustion diesel
engine.
(f) "Blender" means a person who as an individual or through
his or her agent adds an oxygenate to a gasoline.
(g) "Bulk purchaser-end user" means a person who is an
ultimate consumer of gasoline and receives delivery of gasoline
into a storage tank of at least 550-gallon capacity substantially
under his or her control.
(h)
"CARB" means the California air resources board.
(h) (i)
"Delivery vessel" means a
tank truck, tank equipped
trailer, or a similar vessel used for the delivery of gasoline to a
dispensing facility.
(i) (j)
"Department" means the
department of agriculture and
rural development.
(j) (k)
"Diesel fuel" means any
liquid other than gasoline
that is suitable for use as a fuel or a component of a fuel in a
compression-ignition internal combustion diesel engine.
(k) (l) "Director"
means the director of the department of
agriculture
or his or her authorized
representative.
(l) (m)
"Dispensing facility"
means a site used for gasoline
refueling.
(m) (n)
"Dispensing unit" means a
device designed for the
delivery of gasoline in which 1 nozzle equates to 1 dispensing
unit.
(n) (o)
"Distributor" means a
person who purchases,
transports, or stores or causes the transportation or storage of
gasoline at any point between a gasoline refinery and a retail
outlet or bulk purchaser-end user facility.
(p)
"E.P.A." means the United States environmental protection
agency.
(o) (q)
"Gasoline" means a
volatile mixture of liquid
hydrocarbons generally containing small amounts of additives
suitable for use in spark-ignition internal combustion engines, and
commonly or commercially known or sold as gasoline.
(p) (r)
"Hydrogen fuel" means a
substance containing the
chemical formula H2 that exists as a colorless, odorless, and highly
flammable gas except at low cryogenic temperatures or when highly
compressed, that is gaseous or liquefied, and that is suitable for
use in a fuel cell or hydrogen fuel vehicle.
(q) (s)
"Leak" means liquid or
vapor loss from the gasoline
dispensing system or stage I vapor-recovery system as determined by
visual inspection or functional testing.
(r) (t)
"Modification" means any
change, removal, or addition,
other than an identical replacement, of any component contained
within a stage I vapor-recovery system. The resultant modification
must constitute an approved vapor-recovery system.
(s) (u)
"Motor octane number" or
"MON" means a knock
characteristic of gasoline determined by use of standard procedures
on a motor engine.
(t) (v)
"Operator" means a person
who owns, leases, operates,
manages, supervises, or controls, directly or indirectly, a
gasoline-dispensing facility.
(u) (w)
"Oxygenate" means an
oxygen-containing, ashless,
organic compound, such as alcohol or ether, that may be used as
fuel or fuel supplement.
(v) (x)
"Person" means an
individual, sole proprietorship,
partnership, corporation, association, or other legal entity.
(w) "Psi" means pounds per square inch.
(x) (y)
"Refiner" means a person
who owns, leases, operates,
controls, or supervises a refinery.
(y) (z)
"Refinery" means a plant
at which gasoline is
produced.
(z) (aa)
"Research octane number"
or "RON" means a knock
characteristic of gasoline determined by use of standard procedures
on a research engine.
(aa) (bb)
"Retail dealer" means a
person who owns, leases,
operates, controls, or supervises a retail outlet.
(bb) (cc)
"Retail outlet" means an
establishment at which
motor fuel is sold or offered for sale to the public.
(cc) (dd)
"Rule" means a rule
promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(dd) (ee)
"Stage I vapor-recovery
system" means a vapor tight
collection system that is approved by the department and is
designed to capture the gasoline vapors displaced during delivery
into a stationary storage tank and to return not less than 90% of
the displaced vapors to the delivery vessel.
(ee) "Vapor pressure" means the vapor pressure of gasoline or
gasoline oxygenate blend as determined by ASTM test method D6378 or
D5191 or another ASTM method approved by the department.
Sec.
3. (1) The director shall establish standards pursuant to
this
act to ensure the purity and quality of gasoline and diesel
fuel
sold or offered for sale in this state. Gasoline, ethanol
fuel, fuels containing ethanol, diesel fuel, biodiesel, and
biodiesel blends sold or offered for sale in this state shall meet
the following standards:
(a) ASTM D4814-11b, "standard specification for automotive
spark-ignition engine fuel".
(b) ASTM D5798-11, "standard specification for ethanol fuel
blends for flexible-fuel automotive spark-ignition engines".
(c) ASTM D6751-11b, "standard specification for biodiesel fuel
blend stock (B100) for middle distillate fuels".
(d) ASTM D975-11b, "standard specification for diesel fuel
oils".
(e) ASTM D7467-10 "standard specification for diesel fuel oil,
biodiesel blend (B6 to B20)".
(2) The director shall establish standards for the amount and
type
of additives allowed to be included in gasoline and diesel
fuel. However, when gasoline is blended with ethanol, both of the
following apply:
(a) The ethanol shall meet the standards of ASTM D4806-11a,
"standard specification for denatured fuel ethanol for blending
with gasoline for use as automotive spark-ignition engine fuel".
(b) The blend shall meet the standards of ASTM D4814-11b,
except that the maximum vapor pressure may exceed the ASTM D4814-
11b limits by not more than the following:
(i) For blends containing 9% to 10% ethanol by volume, 1.0 psi,
from June 1 through September 15.
(ii) For blends containing 1% or more ethanol by volume, for
volatility classes A, B, C, and D, 1.0 psi, from September 16
through May 31.
(iii) For blends containing 1% or more ethanol by volume, for
volatility class E, 0.5 psi, from September 16 through May 31.
(3) The director shall establish standards for the grading of
gasoline,
including, but not limited to, subregular with a minimum
85
AKI, regular with a minimum 87 87.0 AKI
and a minimum 82 82.0
MON,
midgrade 88 with a minimum 88 88.0
AKI and a minimum 82 82.0
MON,
midgrade 89 with a minimum 89 89.0
AKI and a minimum 83 83.0
MON,
premium with a minimum 90 90.0
AKI, premium 91 with a minimum
91
91.0 AKI, premium 92 with a minimum 92 92.0 AKI,
premium 93 with
a
minimum 93 93.0 AKI, and premium 94 with a minimum 94 94.0 AKI.
(4) The director shall establish standards for vapor pressure
as
specified by the American society for testing and materials,
ASTM, except as otherwise required to conform to federal or state
law.
Notwithstanding anything to the contrary in section 10d, the
director
shall establish the vapor pressure as 9.0 pounds per
square
inch (psi) psi for retail outlets during the period
beginning June 1 through September 15 of each year, except for
dispensing facilities in counties where the director establishes
the vapor pressure as 7.0 psi or 7.8 psi in the year 2007 and
thereafter. As
used in this act, "vapor pressure" means the vapor
pressure
of gasoline or gasoline oxygenate blend as determined by
ASTM
test method D6378 or D5191 or an ASTM method approved by the
department.
(5) In establishing additive and grading standards, the
director shall adopt the latest standards for gasoline established
by
the American society for testing and materials ASTM and
shall
adopt the latest standards for gasoline established by federal law
or regulation. The standards established by the director shall not
prohibit a gasoline blend that is permitted by a valid waiver
granted by the United States environmental protection agency
pursuant to the fuel or fuel additive waiver in section 211(f)(4)
of
part A of title II of the clean air act, 42 USC 7545, and or the
ethanol waiver of 1.0 psi in section 211(h)(4) of part A of title
II of the clean air act, 42 USC 7545, if the gasoline blend meets
all
of the conditions set forth in the waiver. Beginning June 1,
2003,
the director shall not permit the The use of the additive
methyl tertiary butyl ether (MTBE) is prohibited in this state.
(6)
The director shall establish standards pursuant to this
act
to ensure the purity and quality of diesel fuel sold or offered
for
sale in this state. No later than June 1, 2009, the director
shall
make available for public comment proposed standards to
ensure
the purity and quality of diesel fuel that is biodiesel or a
biodiesel
blend, including, but not limited to, a biodiesel blend
designated
as B20.
(6) (7)
Any firm offering hydrogen fuel for
sale in this state
shall first register with and obtain approval from the department.
Registration shall include a complete list of the fuel
specifications the product is to meet and the sites where the
product is offered for sale to the general public.
(7) (8)
Standards established pursuant
to by the director
under this section shall be established by rules promulgated
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
Sec. 4a. (1) A motor fuel storage tank at a retail outlet
shall
be periodically tested by the retail dealer to insure ensure
that the tank does not have water or water-alcohol at the bottom of
that
tank in an amount greater than 2 inches. 1/2 inch. If there is
more
than 2 inches 1/2 inch of water or water-alcohol at the bottom
of
the storage tank, gasoline, diesel fuel, biodiesel, or biodiesel
blend
motor fuel shall not be sold to a consumer from that tank
until the water or water-alcohol level is reduced to a level of
less
than 2 inches.1/2 inch.
(2)
Adequate testing supplies, as determined by the
department,
shall be maintained at the retail outlet and shall also
be
made A retail outlet shall
maintain on the premises and make
available
to the department to determine adequate
testing supplies,
as determined by the department, for ascertaining the water or
water-alcohol
level in the a motor fuel storage tank.