PURPOSE: This rule limits the volatility of motor vehicle gasoline in the Kansas City maintenance area. By reducing the amount of gasoline that evaporates into the atmosphere, emissions of volatile organic compounds will be reduced. Since volatile organic compounds are precursors to ozone formation, ambient ozone levels will be reduced. This rule is intended to reduce emissions in the maintenance area as quickly as possible to reduce the risk of further ozone violations, which may prompt redesignation and/or sanctions from the U.S. Environmental Protection Agency (EPA).

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available Specific to the Kansas City Metropolitan Area

to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Applicability. This rule shall apply throughout Clay, Platte, and Jackson counties.
2. (2) Definitions. Definitions of certain terms used in this rule can be found in 10 CSR 10- 6.020.

3. (3) General Provisions and Effective Dates of Compliance.

   1. (A) No person shall sell, dispense, supply, offer for sale, offer for supply, transport, or exchange in trade for use gasoline intended for final use in the applicable areas that exceeds the Reid Vapor Pressure (RVP) limit in subsection (3)(B).
   2. (B) The RVP of gasoline subject to this rule shall be restricted starting in 2001 as follows:

RVP (psi) Facility Time Period 7.0 psi All facilities June 1 or less through September 15

1. (C) Gasoline blends having at least nine percent (9%) but not more than ten percent (10%) ethyl alcohol by volume of the blended mixture shall have an RVP limit of one (1) pound per square inch (psi) higher than the limit contained in subsection (3)(B).

1. (4) Gasoline Sampling Procedures. Gasoline sampling shall follow the procedures outlined in ASTM D4057-06(2011) Standard Practice for Manual Sampling of Petroleum and Petroleum Products, as published August 2011 (Approved June 1, 2011). This standard is incorporated by reference in this rule, as published by American Society for Testing and Materials (ASTM) International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or additions.

2. (5) Gasoline Testing Procedures for RVP and Determination of Compliance.

   1. (A) Gasoline testing shall follow the procedures contained in either ASTM D6378-10 Standard Test Method for Determination of Vapor Pressure (VPX) of Petroleum Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple Expansion Method), as published November 2010 (Approved October 1, 2010) or ASTM D5191-10b Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), as published November 2010 (Approved October 1, 2010). These standards are incorporated by reference in this rule, as published by American Society for Testing and Materials (ASTM) International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428- 2959. This rule does not incorporate any subsequent amendments or additions.
   2. (B) To determine compliance when field analysis indicates the RVP is between seven and zero-tenths (7.0) psi and seven and threetenths (7.3) psi for conventional gasoline or between eight and zero-tenths (8.0) psi and eight and three-tenths (8.3) psi for nine to ten percent (9%–10%) ethyl alcohol blends, Missouri Department of Natural Resources (MDNR) will conduct additional testing. Additional testing shall include independent analysis by three (3) separate laboratories of three (3) independent samples taken sequentially, in accordance with sections (4) and (5) of this rule. If all of the measured RVP of the samples are above seven and zero-tenths (7.0) psi for conventional gasoline or above eight and zero-tenths (8.0) psi for nine to ten percent (9%–10%) ethyl alcohol blends, the department may take enforcement action.

3. (6) Record Keeping.

   1. (A) All persons subject to this rule shall maintain records of any RVP testing and test results during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of a completed RVP test. These records shall be made available immediately upon request for review or duplication by Department of Natural Resources personnel and city and county personnel certified under 643.140, RSMo.
   2. (B) Each bill of lading, invoice, loading ticket, delivery ticket, and other document that accompanies a shipment of gasoline (which includes gasoline blended with ethyl alcohol) shall contain a legible and conspicuous statement that the RVP of the gasoline does not exceed seven and zero-tenths (7.0) psi, in accordance with this rule for conventional gasoline, or that the RVP does not exceed eight and zero-tenths (8.0) psi for nine to ten percent (9%–10%) ethyl alcohol blends.
   3. (C) Each bill of lading, invoice, loading ticket, delivery ticket, and other document which accompanies a shipment of gasoline containing ethyl alcohol shall contain a legible and conspicuous statement that the gasoline being shipped contains ethyl alcohol and that the percentage concentration of ethyl alcohol is between nine percent to ten percent 10 CSR 10-2

(9%–10%), as required under subsection (3)(C) of this rule.

1. (D) All persons subject to this rule shall keep records of the bill of lading, invoice, loading ticket, delivery ticket, and other documents accompanying a shipment of gasoline during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of delivery. These records shall be made available immediately upon request for review or duplication by Department of Natural Resources personnel and city and county personnel certified under 643.140, RSMo.
2. (E) The director may require additional record keeping on a case-by-case basis. The director may require records be kept for additional periods of time for enforcement compliance.

1. (7) Violations and Penalties. Persons violating this rule shall be subject to enforcement action as authorized in 643.085 and 643.151, RSMo.

2. (8) Exemptions.

   1. (A) Gasoline that exceeds the RVP limits will not violate this rule if the gasoline is separately stored, sealed, clearly labeled and not used until it is in compliance with this rule. The label shall state that the gasoline is prohibited by Missouri law from being sold, dispensed, supplied, offered for sale, offered for supply, transported or exchanged in trade until the specific date that the gasoline shall be in compliance with this rule.
   2. (B) An individual consumer of gasoline who dispenses gasoline into his/her personal motor vehicle is exempt from this rule.
   3. (C) Gasoline used only to fuel agricultural vehicles on property zoned for agricultural use is exempt from this rule.
   4. (D) Owners and operators of facilities that only dispense gasoline into individual motor vehicles are not required to conduct the RVP testing specified in section (5).
   5. (E) Federal specification reformulated gasoline (RFG) fully satisfies the requirements of section (3) of this rule.

AUTHORITY: section 643.050, RSMo Supp. 2012.* Original rule filed Jan. 3, 1991, effective Aug. 30, 1991. Rescinded: Filed March 15, 1995, effective Nov. 30, 1995. Readopted: Filed March 17, 1997, effective Oct. 30, 1997. Amended: Filed Sept. 26, 2000, effective May 30, 2001. Amended: Filed Oct. 25, 2012, effective July 30, 2013.

*Original authority: 643.050, RSMo 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993, 1995, 2011.