DEPARTMENT OF AGRICULTURE

LABORATORY DIVISION

REGULATION NO. 561. DISPENSING FACILITY VAPOR PRESSURE

(By authority conferred on the director of agriculture by section 3 of 1984 PA 44, as

amended, MCL 290.643)

R 285.561.1 Definitions.

Rule 1. (1) As used in these rules:

(a) "Act" means 1984 PA 44, MCL 290.641.

(b) "ASTM International" means the scientific and technical organization founded for

the development of standards and located at 100 Barr Harbor Drive, W.

Conshohocken, PA 19428-2959.

specifications for reformulated gasoline as defined in the clean air act amendments of

1990, 42 U.S.C. §7545 et seq.

(d) "Vapor pressure" means the vapor pressure of gasoline or gasoline oxygenate

blends as determined by any of the following ASTM International test methods:

(i) Test method D 5191-07 (2007), entitled, "Standard Test Method for Vapor Pressure

of Petroleum Products (Mini Method)."

(ii) Test method D 5482-07 (2007), entitled, "Standard Test Method for Vapor

Pressure of Petroleum Products (Mini Method-Atmospheric)."

(2) The terms defined in the act have the same meanings when used in these rules.

History: 1997 AACS; 2009 AACS.

R 285.561.2 Applicability of rule; control period; authority of director to

implement requirement for other locations.

Rule 2. (1) This rule shall apply for dispensing facilities in the following counties

for the control period June 1 through September 15 until the measure is no longer

required for air quality maintenance as provided for in section 10d of the act:

(a) Wayne.

(b) Livingston.

(d) Oakland.

(e) Macomb.

(f) St. Clair.

(g) Monroe.

(h) Lenawee.

(2) The director retains the authority to implement the vapor pressure 7.0 psi or 7.8 psi

requirement for dispensing facilities as a contingency measure for other geographic

locations as provided for in section 10d of the act.

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History: 1997 AACS; 2009 AACS.

R 285.561.3 Dispensed gasoline; compliance with vapor pressure and ASTM

International requirements required.

Rule 3. Gasoline that is dispensed in the areas specified in R 285.561.2 during the

control periods shall be in compliance with the 7.0 vapor pressure requirements and

shall be in compliance with the associated ASTM International D 4814-08b (2008)

distillation class requirements as required by section 3 of the act, unless an exemption

from these rules specified in R 285.561.7 applies. ASTM International D 4814-08b

(2008) is adopted by reference in R 285.561.10.

History: 1997 AACS; 2009 AACS.

R 285.561.4 Recordkeeping.

Rule 4. Recordkeeping requirements are specified in section 7(3) and (4) and section

9b(2) of the act.

History: 1997 AACS; 2009 AACS.

R 285.561.5 Sampling.

Rule 5. Sampling requirements are specified in sections 3 and 7(4) of the act. Gasoline

sampling for volatility shall be in compliance with the procedure contained in the

federal regulation entitled, "Sampling Methods for Gasoline and Diesel Fuel" 40 C.F.R.

part 80.8 (July 2007). The regulations are adopted by reference in R 285.561.10.

History: 1997 AACS; 2009 AACS.

R 285.561.6 Testing.

Rule 6. (1) Gasoline testing procedure for vapor pressure shall be in compliance

with the procedure contained in the federal regulations entitled, "Measurement of

Reformulated Gasoline Fuel Parameters," 40 C.F.R. part 80.46(c) (July 2007). The

regulation is adopted by reference in R 285.561.10.

(2) Gasoline testing procedure for ethanol shall be in compliance with the procedure

contained in the federal regulations entitled, "Measurement of Reformulated Gasoline

Fuel Parameters," "40 C.F.R. part 80.46(g)(1) (July 2007) or 40 C.F.R. 80.46(g)(2)

(July 2007) The regulation is adopted by reference in R 285.561.10.

History: 1997 AACS; 2009 AACS.

R 285.561.7 Exceptions from rules.

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Rule 7. (1) Dispensing facilities at a vehicle manufacturer's proving grounds or other

testing facilities, or at the facilities of a manufacturer's agent, that are used exclusively for

the testing of vehicles, components, or materials are exempt from these rules.

(2) At a vehicle manufacturer's assembly facility, the fueling of production line

vehicles before sale for in-plant relocation or distribution, or both, is exempt from these

rules.

(3) Gasoline that is in compliance with the federal requirements and specifications

for RFG as defined in the clean air act amendments of 1990, 42 U.S.C. §7545 et seq., is

exempt from these rules.

(4) Gasoline that exceeds the vapor pressure limits does not violate these rules 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

Michigan law from being sold, dispensed, supplied, offered for sale, offered for supply,

transported, or exchanged in trade in the areas specified in R 285.561.2 until the specific

date that the gasoline is in compliance with these rules.

History: 1997 AACS; 2009 AACS.

R 285.561.8 Gasoline; compliance.

Rule 8. (1) If field analysis shows that the vapor pressure is 7.0 or less, then the

gasoline will be deemed to be in compliance with the requirements in section 3 of

the act.

(2) If field analysis shows that the vapor pressure is above 7.0 psi, but is not more than

8.0 psi and the gasoline contains between 9.0 and 10.0% ethanol by volume, then the

gasoline will be deemed to be in compliance with the vapor pressure requirements in

section 3 of the act.

(3) If field analysis shows the vapor pressure is between 7.0 and 7.5 psi, then the bills

of lading and other delivery documents are subject to review by the department to

determine the source of the gasoline. If the bills of lading and other delivery documents

show RFG was delivered and the gasoline is registered with the department under

section 6(12) of the act and meets all of the specifications in the registration, then the

gasoline will be deemed to be in compliance with the requirements of section 3 of the

act.

History: 1997 AACS; 2009 AACS.

R 285.561.9 Stop use orders; seizure; fines and penalties.

Rule 9. (1) Gasoline that is not in compliance with these rules shall be subject to stop

use orders as provided for in section 7(5) of the act and section 13 of 1964 PA 283,

MCL 290.613, or seizure as provided for in section 7(5) of the act and section 15 of 1964

PA 283, MCL 290.613.

(2) Administrative fines and civil and criminal penalties are specified in sections 10,

10a, and 10b of the act.

History: 1997 AACS; 2009 AACS.

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R 285.561.10. Adoption of standards by reference.

Rule 10. (1) The provisions of 40 C.F.R. part 80, subpart A and D (July 2007), are

adopted by reference in these rules and may be purchased from the Superintendent of

Documents, United States Government Printing Office, P.O. Box 37954, Pittsburgh,

Pennsylvania 15250-7954, or from the Michigan Department of Agriculture, P.O.

Box 30017, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules

of $62.00.

(2) The department adopts the following standards of the ASTM for gasoline or an

ASTM Method approved the department:

(a) D 4814-08b (2008)

(b) D 5191-07 (2007)

(3) Copies of these standards may be obtained, at actual printing and mailing cost,

by writing to the Department of Agriculture, Laboratory Division, 940 Venture Lane,

Williamston, Michigan 48895, or, for a fee as specified in this sub rule, from the

ASTM, 100 Barr Harbor Drive, W. Conshohocken, PA 19428-2959. The ASTM

standards are composed are priced as follows:

(a) Standard Specification for Automotive Spark-Ignition Engine Fuel, ASTM

International Standard D 4814-08b (2008) $51.00.

(b) Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method),

ASTM International Standard D 5191-07 (2007) $35.00.

Atmospheric), ASTM International Standard D 5482-07 (2007) $35.00.

History: 1997 AACS; 2009 AACS.

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