NDAC 33.1-34-01-01
Analytical specifications
Cite as N.D. Admin. Code ยง 33.1-34-01-01
1.
Petroleum and fuel product specifications. Petroleum and fuel products, including
gasoline, alcohol-blended gasoline, diesel, tractor fuel, fuel oil (heating oil), kerosene,
biodiesel, biodiesel blends, and all other alternative fuels shall comply with the most current
applicable specifications of American society for testing and materials (ASTM), which are
found in section 5 - petroleum products, lubricants, and fossil fuels of that organization's
publication "Annual Book of ASTM Standards" and supplements thereto or revisions thereof
as may be designated by ASTM, except as modified or rejected by this chapter or any rule
promulgated pursuant to chapter 19-10 of the North Dakota Century Code. If gasoline is
blended with ethanol, it shall be blended under any of the following three options:
a.
The base gasoline used in such blends shall meet the requirements of ASTM D4814;
b.
The blend shall meet the requirements of ASTM D4814; or
c.
The base gasoline used in such blends shall meet all the requirements of ASTM D4814
except distillation, and the blend shall meet the distillations requirements of the ASTM
specification.
The volatility standards for blends of gasoline and ethanol shall be the same as those adopted
under the rules, regulations, and Clean Air Act waivers of the environmental protection agency
of the United States department of the interior. Fuel products shall not be blended at a retail
location with products commonly and commercially known as casing head gasoline,
absorption gasoline, condensation gasoline, drip gasoline, or natural gasoline.
2.
Ethanol specifications. The denatured ethanol at the time of blending with gasoline shall
conform to the most recent version of ASTM D4806, "Standard Specification for Denatured
Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel",
except as modified or rejected by this chapter or any rule promulgated pursuant to chapter
19-10 of the North Dakota Century Code.
3.
Permissible levels of alcohol. The maximum permitted level or levels of ethanol, methanol,
or other alcohol, in gasoline or alcohol-blended gasoline must be in accord with any levels as
established by the environmental protection agency of the United States department of the
interior. Any blender or wholesaler distributing a gasoline containing methanol which has been
granted an exemption or waiver by the environmental protection agency in reference to this
section shall inform the department of environmental quality and the retailer of the blended
product of this exemption or waiver in writing prior to distribution.