Minnesota

Current Regulations: Year-round state-wide oxygenated gasoline requirement. Signed by the Governor on 5/27/03, S.F. 990, Sec. 30, changes the gasoline specification from a min. 2.7 wt% oxygen content to a 9.2-10.00 vol% ethanol requirement, effective 8/1/03. There are exemptions for unleaded premium gasoline for airports, marinas, mooring facilities, and resorts. There are also exemptions for collector vehicles, off-road vehicles, motorcycles, boats, snowmobiles, and small engines.See 239.791 of Minnesota Statutes.

S.F. 2946 was signed by the Governor in April 2000; it caps MTBE, ETBE and TAME in gasoline at one-third of one % after 7/1/00 and bans them after 7/1/05. See 239.761 of Minnesota Statutes.

S.F. 4, as amended and signed by the Governor on 5/10/05 (Laws of MN, Chapter 52), requires at least 20 vol% denatured ethanol in all gasoline, effective 8/30/13. This mandate will not take effect and will expire on 12/31/10 if by that date: 1) at least 20% of the volume of gasoline sold in MN is denatured ethanol, or 2) approval has not been granted by EPA for the use of E20 as gasoline. The state petroleum replacement goal is that at least 20% of the liquid fuel sold is derived from renewable sources by 2015. See 239.791 of Minnesota Statutes. S.F. 2737, CHAPTER 333 approved by the Governor on 5/13/10, extended the expiration date to wait for EPA's waiver approval from 12/31/10 to 12/31/12 (section 18) and adds restrictions on the higher ethanol content that EPA's waiver must 1) apply to all gasoline-powered motor vehicles regardless of model year and 2) allow special treatment of Reid vapor pressure (section 19).

Passed by the legislature in March 2002 (allowed to become law, even though not signed by the Governor because he had serious reservations about government mandates and it could increase fuel costs and add to inflation; Session Law Chapter 244), S.F. 1495 requires at least 2.0 % biodiesel by volume in all diesel effective when either of two sets of conditions are met. One set: annual capacity of biodiesel production in MN exceeds 8 million gallons and there is federal action on taxes imposed, tax credits, or otherwise, that creates a reduction in the price of two cents or more per gallon on diesel that contains at least 2.0 % biodiesel. The other trigger: annual capacity of biodiesel production in MN exceeds 8 million gallons and the date 6/30/05 has passed. See 239.77 of Minnesota Statutes. A second biodiesel plant opened in MN in the summer of 2005 and this new capacity exceeded the 8 million gallons of state biodiesel production capacity requirement. The effective date for the biodiesel mandate in MN was 9/29/05. The state issued temporary variances on 10/28/05, 12/23/05, 1/12/06, and 1/11/10.

Approved by the Governor on 5/12/08 (Session Law Chapter 297), S.F. 3683 (an omnibus agriculture and veterans policy provisions bill), section 51 of Article 1, increases the biodiesel mandate to 5 vol% on 5/1/09, 10 vol% on 5/1/12 (April to October only, 5 vol% otherwise), and 20 vol% on 5/1/15 (April to October only, 5 vol% otherwise). The steps to 10 and 20 vol% have off-ramps in case ASTM or federal standards do not exist, sufficient supply is not available, or adequate blending infrastructure and a regulatory protocol are not in place. Off-road logging equipment and machinery and, until 5/1/10, vehicles and equipment used exclusively at an aircraft landing field are added to the list of exceptions. All exceptions expire on 5/1/12. See 239.77 of Minnesota Statutes. The B5 mandate was effective on 5/1/09. There is no sunset date now on exempt equipment. The 10% and 20% biodiesel provisions become effective only if published at least 270 days prior to the effective date (see 239.77 of MN Statutes, subd. 2(b)).

On 11/3/11, MN recommended a one-year delay in the implementation of the B10 mandate. On 11/26/12, the commissioners decided to table the B10 mandate.

The MN Departments of Agriculture, Commerce and the Pollution Control Agency announced the move to a summer B10 mandate (expected to be effective in July 2014); see MN State Register, September 30, 2013, page 445.

Signed by the governor on 4/30/14, H.F. 2746 (Session Law Chapter 181, section 9) postponed the increase to summer B20 until 5/1/18 and removed October from the higher summer biodiesel content requirements. 

The MN Departments of Agriculture, Commerce and the Pollution Control Agency announced the move to summer B20, effective 5/1/18; see MN State Register, July 31, 2017, page 94.  

S.F. 2737, signed by the Governor on 5/13/10, extended the E20 expiration date for EPA waiver action from 12/31/10 to 12/31/12 (see sec. 18). In addition, an EPA waiver will increase the MN ethanol mandate to be higher than 10 vol% only if EPA's waiver applied to all gasoline vehicles regardless of model year and allowed special RVP treatment.  

In a multi-state letter dated 8/31/17, to address a fuel emergency caused by Hurricane Harvey, EPA allowed 11.5 psi RVP gasoline throughout the state through September 15. 

Minnesota's laws (see 239.761 of Minnesota Statutes) also include ASTM specifications, i.e., ASTM D 4814 for gasoline, ASTM D 975 for diesel fuel and ASTM D 4806 for denatured ethanol.

The Weights and Measures Division of the MN Department of Commerce monitors motor and heating fuel quality.

Legislature: Introduced in January 2009, H.F. 311 would repeal the ethanol mandate. HF0086 and SF0013, introduced in January 2009, would require refiners, blenders, and importers of transportation fuels (used to propel a motor vehicle on a public highway) to reduce carbon intensity (measured on a full life-cycle basis) by an aggregate amount of at least 10% from 2011-2020 with at least 1%/year for 2011-2020.

Introduced in February 2013, SF 448 and HF 462 would convert the 10% ethanol mandate to a 10% biofuel (renewable fuel approved for federal RFS by U.S. EPA) mandate with ethanol derived from corn starch comprising no less than the following portions of biofuels: 90% (7/1/13), 80% (1/1/15), 70% (1/1/17), 60% (1/1/20), and no minimum (1/1/25).

Last updated July 2017