2022 -- H 7849

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LC005161

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES

     Introduced By: Representatives Tobon, and Barros

     Date Introduced: March 04, 2022

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"

is hereby amended by adding thereto the following chapter:

CHAPTER 54

CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES -- LOW EMISSION DIESEL

     31-54-1. Definitions.

     Unless specifically defined in the general laws, the terms used in this chapter have the

meanings commonly ascribed to them in the field of air pollution control. The words and terms

specified in this chapter, have the meanings as defined in this section, unless the context clearly

indicates otherwise.

     (1) "Additive" means any substance that is intentionally added to gasoline or diesel fuel for

the purpose of producing a gasoline or diesel fuel in compliance with the requirements of this

chapter that is:

     (i) A registered additive with the United States Environmental Protection Agency (EPA)

in accordance with 40 CFR Part 79 (relating to Registration of Fuels and Fuel Additives); or

     (ii) Exempted from the EPA registration requirements in accordance with 40 CFR Part 79.

     (2) "Barrel" means a unit of measure equal to forty-two (42) United States gallons.

     (3) "Bulk plant" means an intermediate gasoline or diesel fuel distribution facility where

gasoline or diesel fuel is stored and then transported for delivery to a bulk purchaser/consumer or

retail fuel dispensing facility.

     (4) "Bulk purchaser/consumer" means a person who purchases or otherwise obtains

gasoline or diesel fuel in bulk and then dispenses it into the fuel tanks of motor vehicles owned or

operated by the person.

     (5) "Common carrier" means a person engaged in the transportation of goods or products

of another person for compensation and is available to the public for hire.

     (6) "Diesel fuel" means any middle distillate fuel used in compression-ignition internal

combustion engines that is commonly or commercially known, sold, or represented as:

     (i) Grade No. 1-D or Grade No. 2-D diesel fuel, in accordance with the active version of

American Society for Testing and Materials (ASTM) D975 (Standard Specification for Diesel Fuel

Oils); or

     (ii) Marine Distillate fuel X (DMX), Marine Distillate fuel A (DMA), or Marine Gas Oil

(MGO) diesel fuel in accordance with the active version of the International Organization for

Standardization (ISO) 8217 Specifications of Marine Fuels.

     (7) "Final blend" means a distinct quantity of diesel fuel that is introduced into commerce

as low emission diesel fuel (LED), without further process.

     (8) "Further process" means to perform any alteration to diesel fuel, including distillation,

treating with hydrogen, blending, or addition of an additive, for the purpose of producing a diesel

fuel in compliance with the requirements of this chapter prior to the diesel fuel being introduced

into commerce as LED.

     (9) "Gasoline" means any fuel that is commonly or commercially known, sold, or

represented as gasoline, in accordance with the active version of American Society for Testing and

Materials (ASTM) D4814 (Standard Specification for Automotive Spark-Ignition Engine Fuel).

     (10) "Import" means the process by which gasoline or diesel fuel is transported into the

State of Rhode Island by any means or method whatsoever, including transport via pipeline,

railway, truck, motor vehicle, barge, boat, or railway tank car.

     (11) "Import facility" means the stationary gasoline or diesel fuel transfer point wherein

the importer takes delivery of imported gasoline or diesel fuel and from which imported gasoline

or diesel fuel is transferred into the cargo tank truck, pipeline, or other delivery vessel from which

the fuel will be delivered to a bulk plant, bulk purchaser/consumer, or retail fuel dispensing facility.

     (12) "Importer" means any person, except a person acting as a common carrier, who

imports gasoline or diesel fuel.

     (13) "Low emission diesel fuel (LED)" means any diesel fuel that conforms to the

requirements specified in §§ 31-54-2, 31-54-3, or 31-54-8 of this chapter.

     (14) "Motor vehicle" means any self-propelled device powered by a gasoline fueled spark-

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ignition internal combustion engine or a diesel fueled compression-ignition internal combustion

engine in or by which a person or property is or may be transported, and is required to be registered

under Rhode Island law § 31-3-2.

     (15) "Non-road equipment" means any device powered by a gasoline fueled spark-ignition

internal combustion engine or a diesel fueled compression-ignition internal combustion engine that

is not required to be registered under Rhode Island law § 31-3-2.

     (16) "Produce" means perform the process to convert liquid compounds into gasoline or

diesel fuel or to further process diesel fuel to create a final blend of LED.

     (17) "Producer" means any person who owns, leases, operates, controls, or supervises a

production facility that produces gasoline or diesel fuel.

     (18) "Production facility" means any facility where gasoline or diesel fuel is produced or

that manufactures liquid fuels by distilling petroleum.

     (19) "Retail fuel dispensing outlet" means any establishment where gasoline and/or diesel

fuel is sold or offered for sale for use in motor vehicles and/or non-road equipment, and the fuel is

directly dispensed into the fuel tanks of the motor vehicles and/or non-road equipment using the

fuel.

     (20) "Supply" means to provide or transfer gasoline or diesel fuel to a physically separate

facility, vehicle, or transportation system.

     31-54-1.1 Application.

     This chapter shall be applicable to all motor vehicles, trucks and buses owned or leased by

the State of Rhode Island, all its municipalities, all state and public-quasi, public agencies,

corporations, commissions and authorities, all motor vehicles that are operated in the delivery of

food, and all motor vehicles used for ride-sharing. These motor vehicles may be powered by both

gasoline or diesel fuel. It shall not apply to tractor-trailer trucks.

      31-54-2. Low emission diesel standards.

     (a) No person shall sell, offer for sale, supply, or offer for supply, dispense, transfer, allow

the transfer, place, store, or hold any diesel fuel in any stationary tank, reservoir, or other container,

within the state that may ultimately be used to power a diesel fueled compression-ignition internal

combustion engine that does not meet the low emission diesel fuel (LED) standards specified in

subsection (a)(1) and (a)(2) of this section:

     (1) The maximum aromatic hydrocarbon content of LED is ten percent (10%) by volume

per gallon; and

     (2) The minimum cetane number for LED is forty-eight (48).

     (b) Subsection (a) of this section does not apply to a sale, offer for sale, or supply of diesel

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fuel to a producer where the producer further processes the diesel fuel at the producer's production

facility prior to any subsequent sale, offer for sale, or supply of the final blend of LED.

     (c) Diesel fuel that has been produced to comply with all specifications for a Certified

Diesel Fuel Formulation as approved by an executive order by the California Air Resources Board

for compliance with California diesel fuel regulations that were in effect as of August 4, 2005,

except for those approved for small refinery compliance, or diesel fuel that has been produced to

meet all specifications for diesel fuel under regulations adopted by the California Air Resources

Board that were in effect as of August 4, 2005, except for those approved for small refinery

compliance, may be used to satisfy the requirements of subsection (a) of this section

     (d) Alternative diesel fuel formulations that have been approved by the director of

environmental management as prescribed in § 31-54-5 may be used to satisfy the requirements of

subsection (a) of this section.

     31-54-3. Designative alternative limits.

     (a) Diesel fuel that has been produced to meet all of the designated alternative limits

specified in subsection (b) of this section may be used to satisfy the low emission diesel fuel (LED)

requirements specified in § 31-54-2(a).

     (b) The designated alternative limits per gallon of LED are set forth in subsections (b)(1) -

(b)(6) of this section:

     (1) An aromatic hydrocarbon content of no greater than twenty-one percent (21%) by

weight;

     (2) A polycyclic aromatic hydrocarbon content of no greater than three and five tenths

percent (3.5%) by weight;

     (3) An American Petroleum Institute gravity index of no less than thirty-six and nine tenths

(36.9);

     (4) A cetane number of no less than fifty-three (53);

     (5) A nitrogen content of no greater than five hundred parts per million by weight (500

ppmw); and

     (6) A sulfur content of no greater than fifteen parts per million by weight (15 ppmw).

     (c) Compliance with the designated alternative limits specified in subsection (b) of this

section shall be determined by the test methods specified in § 31-54-5(a).

     31-54-4. Registration of diesel producers and imports.

     (a) Each producer and importer that sells, offers for sale, supplies, offers to supply,

dispenses, transfers, allows the transfer, places, stores, or holds any diesel fuel in any stationary

tank, reservoir, or other container in the state that may ultimately be used to power a diesel fueled

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compression-ignition internal combustion engine in the state shall register with the director of the

department of environment management by no later than forty-five (45) days after the first date the

diesel fuel from its production facility or import facility is made available for use in the state.

     (b) Registration must be submitted on forms prescribed by the director of environmental

management and must include, at a minimum, the information specified in subsections (b)(1)

through (b)(5) of this section:

     (1) The legal business name of the producer or importer, mailing address, agency assigned

customer reference number, and contact information for the producer or importer, or their

authorized representative;

     (2) A statement of the estimated total number of barrels of low emission diesel fuel that the

producer or importer is planning to produce or import in the twelve (12) months following the date

of registration that the producer or importer intends to sell, offer for sale, supply, or offer to supply

from its production facility or import facility for use in the state;

     (3) The physical address, agency assigned regulated entity reference number, and contact

information for each production facility or import facility that is used to produce or import diesel

fuel that may be sold, offered for sale, supplied, or offered for supply for use in the state;

     (4) Any other information determined by the director of environmental management to be

necessary to identify the persons responsible for the adequacy of diesel supply in the state; and

     (5) A signed statement of consent by the registrant that the director of environmental

management is permitted to collect samples and access documentation and records at any

production facility or import facility used to produce or import diesel fuel that may ultimately be

used to power a diesel fueled compression-ignition internal combustion engine in the state.

     (c) The department of environment management shall maintain a listing of all registered

producers and importers.

     31-54-5. Approved test methods.

     (a) Compliance with the diesel fuel content requirements of this section shall be determined

by applying the appropriate test methods and procedures specified in the active version of American

Society for Testing and Materials (ASTM) D975 (Standard Specification for Diesel Fuel Oils), or

by applying the supplementary test methods and procedures specified in subsections (a)(1) through

(a)(5) of this section, as appropriate.

     (1) The aromatic hydrocarbon content may be determined by the active version of ASTM

Test Method D5186 (Standard Test Method for Determination of Aromatic Content and

Polynuclear Aromatic Content of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid

Chromatography). The following correlation equation shall be used to convert the supercritical

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fluid chromatography (SFC) results in mass percent to volume percent: aromatic hydrocarbons

expressed in percent by volume = 0.916 x (aromatic hydrocarbons expressed in percent by weight)

+ 1.33.

     (2) The polycyclic aromatic hydrocarbon (also referred to as polynuclear aromatic

hydrocarbons or PAH) content may be determined by the active version of ASTM Test Method

D5186 (Standard Test Method for Determination of Aromatic Content and Polynuclear Aromatic

Content of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid Chromatography). The

correlation equation specified in subsection (a)(1) of this section shall be used to convert the SFC

results in mass percent to volume percent.

     (3) The nitrogen content may be determined by the active version of ASTM Test Method

D4629 (Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by

Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection).

     (4) The American Petroleum Institute (API) gravity index may be determined by the active

version of ASTM Test Method D287 (Standard Test Method for API Gravity of Crude Petroleum

and Petroleum Products (Hydrometer Method)).

     (5) The distillation temperatures may be determined by the active version of ASTM Test

Method D86 (Standard Test Method for Distillation of Petroleum Products at Atmospheric

Pressure).

     (b) Modifications to the testing methods and procedures in this section may be approved

by the director of environmental management after consultation with an agreement by the United

States Environmental Protection Agency (EPA).

     (c) The director of environmental management, upon application, may approve alternative

diesel fuel formulations as prescribed under § 31-54-2(d) that may be used to satisfy the low

emission diesel fuel (LED) requirements specified in § 31-54-2(a) if the applicant has demonstrated

to the satisfaction of the director of environmental management and the EPA in accordance with

the procedures specified in subsection (c)(1) of this section that the alternative diesel fuel

formulation will achieve equivalent or better reductions in emissions of nitrogen oxides (NOX ).

     (1) The applicant shall submit documentation demonstrating that the applicable fuel

properties of the alternative diesel fuel formulation demonstrate at least a five and five tenths

percent (5.5%) reduction in NOX emissions from on-road diesel fuel for the year 2007, and at least

a six and two tenths percent (6.2%) reduction in NOX emissions from non-road diesel fuel, using

the Unified Model as described in the EPA staff discussion document, Strategies and Issues in

Correlating Diesel Fuel Properties with Emissions, Publication Number EPA420-P-01-001,

published July 2001.

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     (2) For alternative diesel fuel formulations that achieve emission reductions as

demonstrated in accordance with the criteria specified in subsection (c)(1) of this section, the

applicant shall provide documentation to the director of environmental management upon

application that includes the cetane number, aromatic hydrocarbon content, specific gravity, and

the temperature corresponding to the fifty percent (50%) point on the distillation curve in degrees

Fahrenheit (T50) of the alternative diesel fuel formulation for which the applicant is requesting

approval as determined in accordance with the test methods and procedures specified in subsection

(a) of this section.

     (3) If the alternative diesel fuel formulation has been demonstrated to the satisfaction of

the director of the department of environmental management and the EPA to achieve comparable

or better reductions in emissions of NOX in accordance with subsection (c)(1) of this section, then

the director of the department of environmental management may issue a notice of approval

indicating that the alternative diesel fuel formulation may be used to satisfy the LED requirements

of § 31-54-2(a).

     (i) The approval notification shall identify the specifications of the alternative diesel fuel

formulation as approved under this subsection by listing the cetane number, aromatic hydrocarbon

content, specific gravity, and the temperature corresponding to the fifty percent (50%) point on the

distillation curve in degrees Fahrenheit (T50) of the alternative diesel fuel formulation as

documented in subsection (c)(2) of this section.

     (B) The approval notification shall assign an identification number to the specific approved

alternative diesel fuel formulation.

     (d) Approval of any additive-based alternative diesel fuel formulation as prescribed under

this section prior to April 1, 2012, and thereafter, is subject to revocation if the director of the

department of environmental management determines that the composition of the additive

component of the approved alternative diesel fuel formulation has been in order that it no longer

matches the composition of the additive as originally approved. If the director of the department of

environmental management revokes the approval of an additive-based alternative diesel

formulation, producers using the alternative diesel formulation to satisfy the LED requirements of

§ 31-54-2(a) shall discontinue all use of the alternative diesel formulation within forty-five (45)

days of the date of revocation.

     (e) All alternative diesel fuel formulations approved by the director of the department of

environmental management as prescribed under this section prior to April 1, 2012, may continue

to be used to comply with the provisions specified in this division.

     31-54-6. Monitoring, recordkeeping, and reporting requirements.

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     (a) Every producer or importer that has elected to sell, offer for sale, supply or offer for

supply low emission diesel fuel (LED) produced at its production facility or imported from its

import facility in compliance with the requirements specified in §§ 31-54-2, 31-54-3, or 31-54-8

that may ultimately be used in the state are subject to the applicable requirements of this section.

     (b) Each producer or importer of LED shall keep records that declare or demonstrate that

each final blend of LED conforms to the basic LED standards as specified in § 31-54-2(a), to the

designated alternative limits as specified in § 31-54-3, to the specifications of a Certified Diesel

Fuel Formulation or a diesel fuel as accepted under § 31-54-2(c), to an alternative diesel fuel

formulation as approved under § 31-54-2(d), or to an alternative emission reduction plan as

approved under § 31-54-8.

     (c) Each producer or importer of LED shall collect and analyze a representative sample of

each final blend of LED produced at its production facility or imported from its import facility for

the fuel properties specified in subsections (c)(1) through (c)(5) of this section.

     (1) The aromatic hydrocarbon content and cetane number shall be analyzed for LED

produced or imported in accordance with § 31-54-2(a) using the test methods specified in § 31-54-

5(a) (relating to Approved Test Methods).

     (2) The aromatic hydrocarbon content, cetane number, and/or any other appropriate

components specified in the applicable California diesel fuel regulations or the executive order

issued by the California Air Resources Board (CARB) shall be analyzed for LED produced or

imported in accordance with § 31-54-2(c) using the test methods specified in § 31-54-5(a) and if

appropriate, the test methods as listed in the executive order issued by CARB.

     (3) The appropriate components of the alternative diesel fuel formulation as listed in the

approval notification issued by the director of the department of environmental management under

§ 31-54-5 shall be analyzed for LED produced or imported in accordance with § 31-54-2(d) using

the methodologies specified in § 31-54-5(a) and if appropriate, the test methods as listed in the

approval notification.

     (4) The aromatic hydrocarbon content, polycyclic aromatic hydrocarbon content,

American Petroleum Institute (API) gravity index, cetane number, nitrogen content, and sulfur

content shall be analyzed for LED produced or imported in accordance with § 31-54-3 using the

test methods specified in § 31-54-5(a).

     (5) The aromatic hydrocarbon content, cetane number, specific gravity, and the

temperature corresponding to the fifty percent (50%) point on the distillation curve in degrees

Fahrenheit (T50) shall be analyzed for LED produced in accordance with § 31-54-8(b)(1) using

the test methods specified in § 31-54-5(a).

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     (6) If the final blend of LED required to be analyzed in subsections (c)(2) and (c)(3) of this

section is produced at a production facility with the use of an additive as it is being loaded directly

to tanks, pipelines, tank ships, railway tank cars, tank trailers, or fuel delivery trucks, the producer

or importer may satisfy the sampling requirements of this subsection by recording the volume of

additive and the volume of diesel additized in each final blend of LED as it is produced at the

production facility. The analysis of the volumetric record shall demonstrate that sufficient additive

was added to the final blend of LED to maintain the appropriate additive concentration per gallon

as listed in the approval notification issued by the director of environmental management or in the

executive order issued by the CARB.

     (7) The producer or importer shall maintain records showing the sample date, identity of

the final blend sampled, identity of the container or other vessel sampled, volume of the final blend

sampled, and the fuel properties of each sample as analyzed in accordance with subsections (c)(1)

through (c)(6) of this section as appropriate, for two (2) years from the date each sample was

collected.

     (8) All LED produced by the producer at its production facilities or imported by the

importer from its import facilities and not tested by the producer or importer as required by this

subsection will be deemed to exceed the standards specified in § 31-54-2, unless the producer or

importer demonstrates that the LED meets those standards and limits.

     (d) A producer or importer subject to the requirements of this division shall provide to the

director of the department of environmental management any records required to be maintained by

the producer or importer in accordance with this section within fifteen (15) days of a written request

from the director, if the request is received before expiration of the period during which the records

are required to be maintained. Whenever a producer or importer fails to provide records regarding

a final blend of LED in accordance with the requirements of this section, the final blend of LED

will be presumed to have been sold by the producer or importer in violation of the standards

specified in § 31-54-2 to which the producer or importer has elected to be subject.

     (e) All parties in the distribution chain (i.e., producers, importers, bulk plants, common

carriers, and retail fuel dispensing outlets) that supply diesel fuel subject to the requirements

specified in § 31-54-2 that may ultimately be used in this state shall maintain copies or records of

product transfer documents for a minimum of two (2) years and shall upon request, make such

copies or records available to representatives of the commission, United States Environmental

Protection Agency, or local air pollution agency having jurisdiction in the area. The product transfer

documents shall contain, at a minimum, the information specified in subsections (e)(1) through

(e)(7) of this section:

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     (1) The date of transfer;

     (2) The name and address of the transferor;

     (3) The name and address of the transferee;

     (4) In the case of transferors or transferees who are producers or importers, the registration

number of those persons as assigned by the commission under § 31-54-4;

     (5) The volume of diesel fuel being transferred;

     (6) The location of the diesel fuel at the time of transfer; and

     (7) One of the certification statements specified in subsections (e)(7)(i), (e)(7)(ii), or

(e)(7)(iii) of this section, as appropriate:

     (i) "This product is low emission diesel and may be used as fuel for diesel engines in the

state.";

     (ii) "This product may not be used as fuel for diesel engines in the state without further

processing."; or

     (iii) "This product has been produced under a TCEQ approved alternative emission

reduction plan and may be used as fuel for diesel engines in the state."

     (f) Each producer or importer of LED subject to subsection (a) of this section shall provide

a quarterly summation report to the director of the department of environmental management no

later than forty-five (45) days following the end of each calendar quarter and shall maintain a record

of the information submitted in the quarterly report for two (2) years from the date of each report.

The quarterly report shall be submitted on forms prescribed by the director and shall include, at a

minimum, the information specified in subsections (f)(1) through (f)(3) of this section for each of

the producer's production facilities or for each of the importer's import facilities:

     (1) The total volume of LED produced or imported during the calendar quarter that is

subject to the requirements of this section, and if the volume of LED required to be reported in this

subsection was produced with the use of an additive, the total volume of additive used to produce

the LED shall also be included in the quarterly report;

     (2) A reconciliation of the records required in subsection (c)(7) of this section for each

sample collected and analyzed during the calendar quarter; and

     (3) Any other information determined by the director to be necessary to demonstrate that

the producer or importer has produced or imported LED that has satisfied the requirements

specified in §§ 31-54-2, 31-54-3, or 31-54-8.

     (g) Each producer or importer electing to sell, offer for sale, supply or offer to supply LED

in accordance with § 31-54-2(c) shall provide to the director of the department of environmental

management, as applicable, a copy of the executive order issued by the CARB for the Certified

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Diesel Fuel Formulation used to produce the LED or documentation demonstrating that the LED

has been produced to meet all specifications for diesel fuel under regulations adopted by the CARB,

except for those approved for small refinery compliance, that were in effect as of August 4, 2005.

     31-54-7. Exemptions to low emission diesel requirements.

     (a) Any diesel fuel subject to the low emission diesel (LED) requirements specified in §

31-54-2 that is either in a research, development, or test status; or is sold to petroleum, automobile,

engine, or component manufacturers for research, development, or test purposes; or any diesel fuel

to be used by, or under the control of, petroleum, additive, automobile, engine, or component

manufacturers for research, development, or test purposes, is exempted from the provisions of this

section (relating to Low Emission Diesel), provided that:

     (1) The diesel fuel is kept segregated from non-exempt product, and the person possessing

the product maintains documentation identifying the product as research, development, or testing

fuel, as applicable, and stating that it is to be used only for research, development, or testing

purposes; and

     (2) The diesel fuel is not sold, dispensed, or transferred, or offered for sale, dispensing, or

transfer from a retail fuel dispensing facility. It shall also not be sold, dispensed, or transferred, or

offered for sale, dispensing, or transfer from a wholesale purchaser-consumer facility, unless such

facility is associated with fuel, automotive, or engine research, development, or testing.

     (b) Any diesel fuel subject to the LED requirements specified in § 31-54-2 that is refined,

sold, dispensed, transferred, or offered for sale, dispensing, or transfer as competition racing fuel

is exempted from the provisions of this section, provided that:

     (1) The fuel is kept segregated from non-exempt fuel, and the party possessing the fuel for

the purposes of refining, selling, dispensing, transferring, or offering for sale, dispensing, or transfer

as competition racing fuel maintains documentation identifying the product as racing fuel, restricted

for non-highway use in competition racing motor vehicles or engines;

     (2) Each pump stand at a regulated facility, from which the fuel is dispensed, is labeled

with the applicable fuel identification and use restrictions described in subsection (b)(1) of this

section; and

     (3) The fuel is not sold, dispensed, transferred, or offered for sale, dispensing, or transfer

for highway use in a motor vehicle.

     (c) The owner or operator of a retail fuel dispensing outlet is exempt from all requirements

of § 31-54-6 (relating to Monitoring, Recordkeeping, and Reporting Requirements) except § 31-

54-6(e).

     (d) Diesel fuel that does not meet the LED requirements of § 31-54-2 is not prohibited from

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being transferred, placed, stored, and/or held within the affected counties as long as it is not

ultimately used to power a diesel fueled compression-ignition internal combustion engine operating

in a motor vehicle or in non-road equipment in the state except for that used in conjunction with

purposes stated in subsections (a) and (b) of this section.

     31-54-8. Alternative emission reduction plan.

     (a) Diesel fuel that is sold, offered for sale, supplied, or offered for supply by a producer

who submits an alternative emission reduction plan in accordance with subsection (b) of this section

that is approved by the director of the department of environmental management will be considered

in compliance with the low emission diesel (LED) requirements of § 31-54-2(a).

     (b) The alternative emission reduction plan shall demonstrate, using the Unified Model as

described in the United States Environmental Protection Agency (EPA) staff discussion document,

Strategies and Issues in Correlating Diesel Fuel Properties with Emissions, Publication Number

EPA420-P-01-001, published July 2001, that the average fuel properties of all on-road diesel fuel

produced in any given calendar quarter that is sold, offered for sale, supplied, or offered for supply

by the producer for use in the state achieve at least a five and five tenths percent (5.5%) reduction

in nitrogen oxides (NOX) emissions for the year 2007; and the average fuel properties of all non-

road diesel produced in any given calendar quarter that is sold, offered for sale, supplied, or offered

for supply by the producer for use in the state achieve at least a six and two tenths percent (6.2%)

reduction in NOX emissions.

     (c) An alternative emission reduction plan must be approved by the director prior to the

use of that plan for compliance with the requirements of this section.

     (d) The director shall approve or disapprove alternative emission reduction plans that have

been submitted by producers in accordance with subsection (b) of this section within forty-five (45)

days of submittal.

     (e) Alternative emission reduction plans submitted to the director in accordance with

subsection (b) of this section shall contain sufficient documentation to validate the average diesel.

     SECTION 2. This act shall take effect on December 1, 2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES

***

     This act would create a low emission diesel standard used to power a diesel fueled

compression-ignition internal combustion engine and gasoline powered engines and would limit

the sale, offer to supply, transfer, place, store, or holding of diesel fuel used to power a compression-

ignition internal combustion engine and gasoline powered, that does not comply with this chapter.

Each producer and importer that sells, offers for sale, supplies, offers to supply, dispenses, allows

the transfer to place, store, or hold any diesel fuel that may be used to power a diesel fueled

compression-ignition internal combustion engine in the state would be required to register with the

director of the department of environmental management. Diesel fuel and gasoline that is sold,

offered for sale, supplied, or offered for supply by a producer who submits and is approved for an

alternative emission reduction plan from the director of environmental management would be in

compliance with this chapter.

     This act would take effect on December 1, 2022.

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