HOUSE BILL No. 4578
April 17, 2001, Introduced by Reps. Julian, Raczkowski, Gilbert, Pumford, Jelinek, Meyer, Lipsey, Neumann, Ehardt and Jansen and referred to the Committee on Transportation. A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 3 (MCL 290.643), as amended by 2000 PA 206. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) The director shall establish standards pursuant 2 to this act to ensure the purity and quality of gasoline sold or 3 offered for sale in this state. 4 (2) The director shall establish standards for the amount 5 and type of additives allowed to be included in gasoline. 6 BEGINNING JULY 1, 2002, THE STANDARDS SHALL INCLUDE THE REQUIRE- 7 MENT FOR A 10% OXYGENATE BLEND FOR ALL GASOLINE IN THIS STATE. 8 (3) The director shall establish standards for the grading 9 of gasoline, including, but not limited to, leaded subregular 10 with a minimum 87 AKI, leaded regular with a minimum 89 AKI, 11 leaded premium with a minimum 93 AKI, unleaded subregular with a 00441'01 TJS 2 1 minimum 85 AKI, unleaded regular with a minimum 87 AKI and a 2 minimum 82 MON, unleaded midgrade 88 with a minimum 88 AKI and 3 minimum 82 MON, unleaded midgrade 89 with a minimum 89 AKI and a 4 minimum 83 MON, unleaded premium with a minimum 90 AKI, and 5 grades for alcohol fuels. Leaded gasoline with a 94 AKI or more, 6 and unleaded gasoline with a 91 AKI or more, may be offered for 7 sale labeled with the minimum AKI number if the gasoline has been 8 listed with and approved by the department. The leaded gasoline 9 with 94 AKI or more shall be labeled as leaded premium followed 10 by the approved AKI number, and the unleaded gasoline with 91 AKI 11 or more shall be labeled unleaded premium followed by the 12 approved AKI number. 13 (4) The director shall establish standards for Reid vapor 14 pressure as specified by the American society for testing and 15 materials, except as otherwise required to conform to federal or 16 state law. The director shall establish the Reid vapor pressure 17 as 9.0 pounds per square inch (psi) for retail outlets during the 18 period beginning June 1 through September 15 of each year, except 19 for dispensing facilities where the director shall establish the 20 Reid vapor pressure as 7.8 psi in the year 1996 and thereafter. 21 As used in this subsection and section 10d, "Reid vapor pressure" 22 means the vapor pressure of gasoline or gasoline oxygenate blend 23 as determined by ASTM test method D323, standard test method for 24 vapor pressure of petroleum products (Reid method) or test method 25 D4953, standard test method for vapor pressure of gasoline and 26 gasoline oxygenate blends (dry method). 00441'01 3 1 (5) In establishing additive and grading standards the 2 director shall adopt the latest standards for gasoline 3 established by the American society for testing and materials and 4 shall adopt the latest standards for gasoline established by fed- 5 eral law or regulation. The standards established by the direc- 6 tor shall not prohibit a gasoline blend that is permitted by a 7 valid waiver granted by the United States environmental protec- 8 tion agency pursuant to the fuel or fuel additive waiver in sec- 9 tion 211(f)(4) of part A of title II of the clean air act, chap- 10 ter 360, 81 Stat. 502, 42 U.S.C. 7545, and the ethanol waiver of 11 1.0 POUND psi in section 211(h)(4) of part A of title II of the 12 clean air act, chapter 360, 81 Stat. 502, 42 U.S.C. 7545, if the 13 gasoline blend meets all of the conditions set forth in the 14 waiver. Beginning June 1, 2003, the director shall not permit 15 the use of the additive methyl tertiary butyl ether (MTBE) in 16 this state. The director, in consultation with the department of 17 environmental quality, shall determine if the additive is likely 18 to cause harmful effects on the environment or public health 19 within the state. By June 1, 2002, the director, in consultation 20 with the director of the department of environmental quality, 21 shall review the status of the use of MTBE in this state. The 22 review shall include the following: 23 (a) The amount of the additive methyl tertiary butyl ether 24 (MTBE) currently in use in gasoline in this state. 25 (b) An estimate of the amount of MTBE that is imported in 26 gasoline transported into this state from other states or 27 countries. 00441'01 4 1 (c) Recommendations as to whether the June 1, 2003 2 prohibition can be achieved and, if not, determine a more feasi- 3 ble date. 4 (d) Any other information considered appropriate. 5 (6) Standards established pursuant to this section shall be 6 by rules promulgated pursuant to the administrative procedures 7 act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 00441'01 Final page. TJS