Authority: IC 13-14-8; IC 13-17-3; IC 13-17-5

Affected: IC 13-17

Sec. 5. (a) Gasoline containing ethanol may exceed the seven and eight-tenths (7.8) RVP limit by no more than one (1) psi if the gasoline meets all of the following requirements:

1. (1) The gasoline must contain denatured, anhydrous ethanol.
2. (2) The concentration of anhydrous ethanol, excluding the required denaturing agent, must be at least nine percent (9%) and no more than ten percent (10%), by volume, of the gasoline.
3. (3) The ethanol content of the gasoline shall be determined by use of one (1) of the testing methods specified in 40 CFR 80, Appendix F*. The maximum ethanol content of gasoline shall not exceed any applicable waiver conditions under Section 211(F)(4) of the Clean Air Act, as amended.
4. (4) Each invoice, loading ticket, bill of lading, delivery ticket, and other document that accompanies a shipment of gasoline containing ethanol shall contain a statement that the gasoline being shipped contains ethanol and shall list the type and volume percentages of the concentration of ethanol in that gasoline.

(b) Gasoline may exceed the seven and eight-tenths (7.8) psi RVP limit if it is RFG. Each invoice, loading ticket, bill of lading, delivery ticket, and other document that accompanies a shipment of RFG shall contain a statement from the refiner that certifies this fact.

*Copies of the Code of Federal Regulations (CFR) referenced may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center- North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Division; 326 IAC 13-3-5; filed Jul 6, 1995, 11:30 a.m.: 18 IR 2739; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1570; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)