Mo. Code Regs. Ann. tit. 2, § 90-30.040
Quality Standards for Motor Fuels
Effective Apr 30, 2025sections 414.142 and 414.300, RSMo 2016.* This rule was previously filed as 2 CSR 90-30.030. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Emergency amendment filed Aug. 30, 2002, effective Sept. 10, 2002, expired March 9, 2003. Amended: Filed Aug. 30, 2002, effective Feb. 28, 2003. Amended: Filed May 31, 2013, effective May 30, 2014. Amended: Filed Dec. 31, 2015, effective Aug. 30, 2016. Emergency amendment filed July 15, 2016, effective July 25, 2016, expired Jan. 20, 2017. Amended: Filed July 15, 2016, effective Jan. 30, 2017. Amended: Filed Feb. 27, 2018, effective Aug. 30, 2018. Amended: Filed Nov. 25, 2019, effective May 30, 2020. Amended: Filed March 24, 2021, effective Oct. 30, 2021. Amended: Filed Aug. 26, 2024, effective April 30, 2025. *Original authority: 414.142, RSMo 1987, amended 1993, 1995, and 414.300, RSMo 2015Weights, Measures and Consumer Protection
PURPOSE: This rule establishes quality standards for motor and heating fuels sold in Missouri as provided in Chapter 414, RSMo.
PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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 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.
SUMMARY: ASTM International, formerly known as the American Society of Testing and Materials (ASTM) addresses standard specifications for kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends, and other motor fuels. Missouri references the 2024 edition of ASTM specifications as Missouri law (section 414.032 RSMo).
(1) Regulation Regarding Quality of Motor Fuels. The following fuels when sold, offered for sale, or when used in this state shall meet the following requirements:
- (A) Motor Fuels. Any liquid fuel product used for the generation of power in an internal combustion engine. Note: liquefied petroleum gas which is composed predominantly of propane, propylene, butanes (normal or isobutanes), and butylenes are not considered as motor fuels in Chapter 414, RSMo and this regulation;
- (B) All automotive gasoline shall meet the requirements set in ASTM D4814-24a Standard Specification for Automotive Spark-Ignition Engine Fuel (July 2024), herein incorporated by reference and made a part of this rule as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, phone: (610) 832-9500, website: www.astm.org. This rule does not incorporate any subsequent amendments or additions;
(C) All automotive gasoline containing oxygenated additives shall meet the requirements set in ASTM D4814-24a and the following requirements:
- 1. When methanol is blended in quantities greater
than three-tenths (0.3) volume percent, the finished blend shall contain at least an equal amount of butanol or higher molecular weight alcohol;
- 2. When gasoline contains one percent (1%) or up to and
including fifteen percent (15%) ethanol, a one pound per square inch (1.0 psi) vapor pressure tolerance is allowed for volatility classes A, B, C, and D from September 16 through May 31 for retailers and wholesale purchaser-consumers and September 16 through April 30 for refineries, importers, pipelines, and terminals; and
- 3. When gasoline contains one percent (1%) or up to and
including fifteen percent (15%) ethanol, a one-half pound per square inch (0.5 psi) vapor pressure tolerance is allowed for volatility class E from September 16 through May 31;
- (D) All gasoline or gasoline-oxygenate blends classified as leaded shall contain a minimum of five hundredths (0.05) grams of lead per United States gallon;
(E) The minimum (R±M)/2 octane rating of automotive gasoline grades and gasolineoxygenate blended grades shall be no less than the following:
- 1. Regular Unleaded 87;
and
- 2. Premium, Super, Supreme 91;
and
- (F) The motor octane number shall not be less than eightytwo (82) for regular unleaded gasoline.
- (2) Method of Sale of Gasoline-Alcohol Blends. At the time of delivery, the retailer must be provided an invoice, bill of lading, shipping paper, or other documentation, by the supplier and/ or carrier, the presence and maximum amount of ethanol, methanol, or any type of alcohol (in terms of percent by volume) contained in the fuel. It is the responsibility of any potential blender to determine the total oxygen content of the motor fuel before blending.
(3) Procedures for Storage of Motor Fuels Containing Alcohol Additives. The following procedures shall be used by retail outlets when the total alcohol content is over three-tenths (0.3) volume percent:
- (A) Retail establishments offering any gasoline-alcohol blended fuel for the first time shall remove all water and precipitated materials from the storage tank before the gasoline-alcohol blend is delivered into the tank; and
- (B) A suitable filter, ten (10) microns or less, must be installed in the meter inlet or discharge line and immediately adjacent to the meter.
(4) Classification of Petroleum Fuels. When gasoline, illuminating oils, heating fuels, or other motor fuels are sold or offered for sale in Missouri, the invoice bill of lading, shipping paper, or other documentation must identify the name of the product, the particular grade of the product as designated by ASTM, and, when applicable, the minimum octane (antiknock index) as listed in subsections (4)(A)–(K) of this section. All retail dispensing devices must conspicuously identify the name of the product, the particular grade of the product as designated, and, when applicable, the minimum octane (antiknock index) as listed as follows:
- (A) Automotive gasoline shall be identified by leaded or unleaded and the octane (antiknock index) number. The octane posting shall be in accordance with the Federal Trade Commission (FTC) 16 CFR Part 306 – Automotive Fuel Ratings, Certification and Posting Rule;
- (B) Gasoline-alcohol blends up to and including ten percent (10%) ethanol shall be identified by leaded or unleaded and the octane number. The octane posting shall be in accordance with FTC 16 CFR Part 306 – Automotive Fuel Ratings, Certification and Posting Rule;
- (C) Retailers and wholesale purchaser-consumers of gasoline shall comply with the Environmental Protection Agency (EPA) pump labeling requirements for gasoline containing greater than ten (10) volume percent up to fifteen (15) volume percent ethanol (E15);
- (D) Ethanol flex fuel (gasoline greater than fifteen (15) volume percent ethanol) shall be labeled as “Ethanol Flex Fuel.” The automotive fuel rating for ethanol flex fuel shall be posted in accordance with 16 CFR Part 306 - Automotive Fuel Ratings, Certification and Posting Rule. The term “E85” is a permissible substitution for product identity for street side posting and dispenser advertising in lieu of the term “Ethanol Flex Fuel” for fuels with an ethanol concentration no less than fifty-one (51) volume percent ethanol and no greater than eighty-three (83) volume percent ethanol;
- (E) Aviation gasoline shall be identified by Grade 80, Grade 100, or Grade 100LL;
- (F) Aviation turbine fuels shall be identified by Jet A, Jet A-1, or Jet B;
- (G) Diesel fuel shall be identified by the grades No. 1-D, No. 2-D, or No. 4-D;
- (H) Diesel containing more than five (5) volume percent biodiesel shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306 - Automotive Fuel Ratings, Certification and Posting Rule;
- (I) Diesel containing biodiesel greater than twenty (20) volume percent shall display a label which states “Consult Vehicle Manufacturer Fuel Recommendations.” This label shall be clearly and conspicuously posted on the upper fifty percent (50%) of the dispenser front panel in a type at least six (6) mm (¼ in) in height by 0.8 mm (1/32 in) stroke; block style letters and the color shall be in definite contrast to the background color to which it is applied;
- (J) Fuel oil shall be identified by the grades of No. 1, No. 2, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6; and
- (K) Kerosene shall be identified by the grades of No. 1-K or No. 2-K. Grade No. 2-K sold or offered for sale at retail shall also post conspicuously on the front of the dispensing device, the words WARNING—NOT SUITABLE FOR USE IN UNVENTED HEATERS REQUIRING NO. 1-K in one-half inch by one-sixteenth inch (1/2" × 1/16") strokes, block style letters.
- (5) Retail Establishments—Retention of Delivery Tickets. The retailers shall retain on the premises to which kerosene or motor fuel has been delivered, copies of the loading ticket, manifest, or delivery receipt for each grade of product received, subject to examination by the director upon request. If a delivery receipt is retained rather than a manifest or loading ticket, the delivery ticket shall bear the following information: vendor name, date of delivery, quantity of each grade, point of origin, and the manifest or loading ticket number. The required retention of the loading ticket, manifest, or delivery receipt shall be limited to the four (4) most recent receipts of each grade of product.
- (6) Water in Retail Tanks. It shall be a violation for water to exceed one inch (1") in depth, when measured from the bottom through the fill pipe, of any tank utilized in the storage of regulated products sold at retail. Water must be removed from the tank prior to the delivery and subsequent selling of additional product from the storage tank.
(7) Stop Sale.
- (A) Retail Service Stations. A Stop Sale notice will be issued to retail service station dealers for kerosene or motor fuel failing to meet established specifications. A release from a Stop Sale order will be awarded only after final disposition has been agreed upon by the director. Confirmation for disposition shall be submitted in writing and contain an explanation for its failure to meet specifications. The Stop Sale will apply only to the location where sample analysis indicates specification violation. Upon discovery of fuels failing to meet established specifications, meter readings and physical inventory shall be taken and reported in the confirmation for disposition.
- (B) Bulk Storage Plants Including Terminals. A Stop Sale notice will be issued when petroleum products maintained in bulk plant facilities fail to meet specifications established by the director. The bulk storage plant immediately shall notify all customers that have received those products and make any arrangements necessary to replace or adjust to specifications those products. Confirmation of disposition of Stop Sale on products shall be made available in writing to the director. Specific variations or exemptions may be made for fuels used for blending purposes or designed for special equipment or services and for which it can be demonstrated that the distribution will be restricted to those uses.
AUTHORITY: sections 414.142 and 414.300, RSMo 2016.* This rule was previously filed as 2 CSR 90-30.030. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Emergency amendment filed Aug. 30, 2002, effective Sept. 10, 2002, expired March 9, 2003. Amended: Filed Aug. 30, 2002, effective Feb. 28, 2003. Amended: Filed May 31, 2013, effective May 30, 2014. Amended: Filed Dec. 31, 2015, effective Aug. 30, 2016. Emergency amendment filed July 15, 2016, effective July 25, 2016, expired Jan. 20, 2017. Amended: Filed July 15, 2016, effective Jan. 30, 2017. Amended: Filed Feb. 27, 2018, effective Aug. 30, 2018. Amended: Filed Nov. 25, 2019, effective May 30, 2020. Amended: Filed March 24, 2021, effective Oct. 30, 2021. Amended: Filed Aug. 26, 2024, effective April 30, 2025. *Original authority: 414.142, RSMo 1987, amended 1993, 1995, and 414.300, RSMo 2015.