Effective 28 Aug 2018

414.032. Requirements, standards, certain fuels — director may inspect fuels, purpose — waiver, when. — 1. All kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends and other motor fuels shall meet the requirements in the annual book of ASTM standards and supplements thereto. The director may promulgate rules and regulations on the labeling, standards for, and identity of motor fuels and heating oils.

2. The director may inspect gasoline, gasoline-alcohol blends or other motor fuels to insure that these fuels conform to advertised grade and octane. In no event shall the penalty for a first violation of this section exceed a written reprimand.

3. The director may waive specific requirements in this section and in regulations promulgated according to this section, or may establish temporary alternative requirements for fuels as determined to be necessary in the event of an extreme and unusual fuel supply circumstance as a result of a petroleum pipeline or petroleum refinery equipment failure, emergency, or a natural disaster as determined by the director for a specified period of time. If any action is taken by the director under this section, the director shall:

(1) Advise the U.S. Environmental Protection Agency of such action;

(2) Review the action after thirty days; and

(3) Notify industry stakeholders of such action.

4. Any waiver issued or action taken under subsection 3 of this section shall be as limited in scope and applicability as necessary, and shall apply equally and uniformly to all persons and companies in the impacted petroleum motor fuel supply and distribution system, including but not limited to petroleum producers, terminals, distributors, and retailers.

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(L. 1987 S.B. 249, A.L. 2001 S.B. 462, A.L. 2002 H.B. 1348 merged with S.B. 984 & 985, A.L. 2018 H.B. 1355 merged with H.B. 1364 merged with S.B. 627 & 925 merged with S.B. 659)