April 29, 2009, Introduced by Senator SWITALSKI 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 2008 PA 313.
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, 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, 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) Beginning December 31, 2009, standards for gasoline sold
in this state shall include a requirement that gasoline sold in
this state include at least 2% ethanol. This subsection does not
apply to gasoline sold in this state for use in 2-cycle engines,
small aircraft, boats, and historic vehicles as defined in section
20a of the Michigan vehicle code, 1949 PA 300, MCL 257.20a.
(9) (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.