Tennessee § 47-18-1304 - Labeling and posting — Standards — Waiver of standards or alternative standards.

§ 47-18-1304. Labeling and posting — Standards — Waiver of standards or alternative standards.

Kerosene and motor fuels conveyed for consumption in Tennessee shall be labeled and posted in accordance with applicable federal and state law. Kerosene and motor fuels conveyed for consumption in Tennessee shall meet the standards established for such products in the annual book of ASTM standards, and supplements thereto; provided, that by duly promulgated rule: The department may adopt alternative volatility standards for gasoline-alcohol blends; provided, that the alternative standards are consistent with the protection and promotion of public health, safety and welfare; and The department shall adopt as a substitute standard any provision of federal law which imposes requirements in conflict with an ASTM standard. The commissioner is authorized to waive ASTM standards or to establish alternative standards for a specified period of time when such action is deemed necessary to protect or promote public health, safety and general welfare, and the interests of citizens of Tennessee; provided, that if such waiver or alternative standards remain in effect for more than one (1) year, the commissioner shall promulgate emergency or permanent rules, as the commissioner deems appropriate, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Notwithstanding subsection (c) or subdivision (b)(1), for gasoline blended with ethanol, the most recent version of ASTM D4814, Standard Specification for Automotive Spark Ignition Engine Fuel, applies with the following exceptions: The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing nine percent (9%) to ten percent (10%) (by volume) ethanol from June 1 through September 15, in accordance with 40 CFR Part 80.27(d); The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Classes A, B, C, and D from September 16 through May 31; and The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than a half pound per square inch (0.5 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Class E from September 16 through May 31. The vapor pressure exceptions in subdivisions (d)(1)(B) and (C) shall remain in effect until ASTM incorporates changes to the vapor pressure maximums for ethanol blends after April 7, 2017. Acts 1989, ch. 397, § 4; 1997, ch. 40, § 1; 2005, ch. 2, § 1; 2017, ch. 106, § 1. Amendments. The 2017 amendment added (d). Effective Dates. Acts 2017, ch. 106, § 2. April 7, 2017.