HB-5748, As Passed House, June 27, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5748

     A bill to amend 1984 PA 44, entitled

"Motor fuels quality act,"

by amending section 3 (MCL 290.643), as amended by 2006 PA 271.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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.

     (2) The director shall establish standards for the amount and

type of additives allowed to be included in gasoline and diesel

fuel.

     (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 AKI and a minimum 82 MON,

midgrade 88 with a minimum 88 AKI and a minimum 82 MON, midgrade 89

with a minimum 89 AKI and a minimum 83 MON, premium with a minimum

90 AKI, premium 91 with a minimum 91 AKI, premium 92 with a minimum

92 AKI, premium 93 with a minimum 93 AKI, and premium 94 with a

minimum 94 AKI.

     (4) The director shall establish standards for vapor pressure

as specified by the American society for testing and materials,

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) 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 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, chapter 360, 81 Stat.

502, 42 USC 7545, and the ethanol waiver of 1.0 psi in section

211(h)(4) of part A of title II of the clean air act, chapter 360,

81 Stat. 502, 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 use of the additive methyl tertiary

butyl ether (MTBE) 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.

     (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.

     (8) Standards established pursuant to this section shall be by

rules promulgated pursuant to the administrative procedures act of

1969, 1969 PA 306, MCL 24.201 to 24.328.