Current Regulations: Oxygenated gasoline (min. 2.7 wt% oxygen content) is required in Albuquerque/Bernalillo County from Nov. 1 through the end of Feb. See Part 102, Oxygenated Fuels adopted by the Albuquerque/Bernalillo County Air Quality Control Board. Also see New Mexico Administrative Code Title 20, Chapter 11, Part 102.
The NM Department of Agriculture, Petroleum Standards Bureau, ensures gasoline and diesel product quality. See NM Administrative Code Title 19, Chapter 15, Part 104. NM requires that petroleum products meet the latest quality standards adopted and published by ASTM; see NM Statutes 57-19-29.
Signed by the Governor on 4/3/07 (Chapter 208), SB 489 requires 5% biodiesel for state agencies after 7/1/10 and for all diesel motor vehicles after 7/1/12. See N.M. Stat. section 57-19-29. Biodiesel specifications are at NM Administrative Code Title 19, Chapter 15, Part 110. In memos dated 4/13/12, 10/16/12, 5/1/13, 10/29/13, 4/14/14, 10/16/14, 6/19/15 and 12/15/15, the NM Department of Agriculture announced a temporary suspension of the biodiesel mandate. In a memorandum dated 6/22/16, the NM Department of Agriculture announced 1) that B5 will be effective beginning 7/1/16, 2) the department will not take any punitive action by 9/30/16 toward any business or entity that is out of compliance, and 3) the department is considering suspending the biodiesel mandate from 10/1/16 through 3/31/17 because these are cold-weather months. In a memorandum dated 1/11/17, NMDA announced that it will implement the biodiesel mandate beginning 4/10/17. NMDA sent a 60-day notice dated 2/10/17 and a 30-day implementation notice dated 3/10/17. In a memo dated 4/7/17, NMDA granted another extension (until 5/15/17). In a memo dated 5/12/17, NMDA announced another temporary suspension through 11/15/17.
In a multi-state letter dated 8/31/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA allowed 11.5 psi RVP gasoline throughout the state through September 15.
Legislature: Introduced in January 2006, HB 282 would require that all gasoline contain 10 vol% denatured ethanol and all highway diesel contain 2% biodiesel fuel, effective 1/1/09.
HB 714, introduced in February 2009, would require gasoline bulk distributors to offer nonethanol-blended unleaded premium gasoline for sale to retailers who certify that it will be sold for use in aircraft, motorized vehicles whose engines are designed to use unblended premium fuel, tools (not limited to lawn mowers, leaf blowers and chain saws), or watercraft.
Introduced in February 2013, SB 374 would repeal the biodiesel mandate.
Introduced in January 2016, SB 71 would repeal the biodiesel mandate.
Last updated September 2017