(a) Beginning June 1, 2007, no person shall sell, deliver for sale, import, or cause to be imported into the state for sale any gasoline containing methyl tertiary-butyl ether (MTBE) or other ether oxygenates in quantities greater than one-half of one percent (0.5%) by volume. For the purpose of this section, "other ether oxygenates" shall include the following gasoline additives: Methanol; Isopropanol; n-Propanol; N-Butonal; sec-Butanol; tert-Butanol; Tert-pentalol (tert-amylalcohol); Ethyl tert-butyl ether (ETBE); Diisopropylether (DIPE); Tertiary Butyl alcohol (TBA); Iso-butanol; and Tert-amymethylether (TAME). Nothing in this section shall prohibit the transshipment of gasoline containing the oxygenates within the state for disposition outside the state, including storage coincident to the transshipment.
(b) No person shall sell, offer for sale, deliver, or have in the person's possession for the purpose of sale, any article or product represented as gasoline for use in internal combustion engines used in motor vehicles that does not equal the most recent version of the "American Society for Testing and Materials Standard Specification for Automotive Gasoline D-4814."
(c) Notwithstanding any other provision of this chapter, it shall be the responsibility of the director of the department of environmental management to administer and enforce this section.
(d) Notwithstanding the provisions of § 31-37-17, penalties for violations of this section shall be assessed pursuant to § 23-23-14 as administered by the department of environmental management. In addition, the department is hereby authorized to administer this section according to the provisions of chapter 12.1 of title 46 in conjunction with its authority relating to underground storage tanks.
(e) The director of the department of environmental management shall have the authority to temporarily waive a control or prohibition respecting the use of a fuel or fuel additive required under this section to avoid a disruption in the supply of fuel to the state or to other states as a result of a natural disaster or other emergency. The director shall provide, in writing, the notice of waiver; the nature of the emergency; and the time frame for which the waiver shall remain in effect.
History of Section.
P.L. 2005, ch. 181, § 1; P.L. 2005, ch. 291, § 1; P.L. 2018, ch. 37, § 2; P.L. 2018, ch. 43, § 2.