PURPOSE: This rule limits the volatility of motor vehicle gasoline in the St. Louis ozone nonattainment 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 as quickly as possible to minimize the risk of 1996 bump-up under the 1990 Clean Air Act Amendments from moderate to serious ozone nonattainment.

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. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) Application. This rule shall apply throughout Franklin, Jefferson, St. Charles 10 CSR 10-5

and St. Louis Counties and the City of St. Louis.

1. (2) Definitions. Definitions of certain terms used in this rule can be found in 10 CSR 10- 6.020.

2. (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 1995 as follows:

RVP (psi) Facility Time Period 7.0 psi or less All Facilities 6/1–9/15

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 pound per square inch (1.0 psi) higher than the limit contained in subsection (3)(B).

1. (4) Gasoline Sampling Procedures. Gasoline sampling shall follow the procedures contained in “Sampling Procedures for Fuel Volatility,” 40 CFR part 80, Appendix D, in effect July 1, 1993.

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

   1. (A) Gasoline testing shall follow the procedures contained in “Tests for Determining Reid Vapor Pressure (RVP) of Gasoline and Gasoline-Oxygenate Blends,” 40 CFR, part 80, Appendix E in effect July 1, 1993.
   2. (B) To determine compliance when field analysis indicates the RVP is between 7.0 psi and 7.3 psi for conventional gasoline or between 8.0 psi and 8.3 psi for nine to ten percent (9%–10%) ethyl alcohol blends, the department shall 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 7.0 psi for conventional gasoline or above 8.0 psi for nine to ten percent (9%–10%) ethyl alcohol blends, the department may take enforcement action.

3. (6) Recordkeeping.

   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 by Department of Natural Resources personnel and city and county personnel certified under section 643.140, RSMo.
   2. (B) Each bill of lading, invoice, loading ticket, delivery ticket, and other document which 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 (7.0) psi, in accordance with this rule for conventional gasoline, or that the RVP does not exceed eight (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 the percentage concentration of ethyl alcohol is between nine percent to ten percent (9%–10%), per the RVP exception under subsection (3)(C) of this rule.
   4. (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 by Department of Natural Resources personnel and city and county personnel certified under section 643.140, RSMo.
   5. (E) The director may require additional recordkeeping on a case-by-case basis.
4. (7) Violations and Penalties. Persons violating this rule shall be subject to penalties contained in sections 643.085 and 643.151, RSMo.

5. (8) Exceptions.

   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 RVP testing of section (5).
   5. (E) Federal specification reformulated gasoline (RFG) fully satisfies the requirements of section (3) of this rule.

AUTHORITY: section 643.050, RSMo 1994.* Original rule filed Dec. 13, 1993, effective July 30, 1994. Amended: Filed Oct. 7, 1994, effective May 28, 1995. *Original authority: 643.050, RSMo 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993.