North Carolina

Current Regulations: NC Administrative Code Title 2, Chapter 42 Gas and Oil Inspection rules include the latest versions of ASTM D-4814 for gasoline and D-975 for diesel, enforced by the NC Department of Agriculture and Consumer Services, Standards Division, Motor Fuels Section. Modifications are listed at 02 NCAC 42.0201(a),(b).

In a memo dated November 5, 2004, the Chief Deputy Commissioner of the NC Department of Agriculture and Consumer Services announced a temporary suspension of state enforcement of the diesel lubricity standard in ASTM D975 until October 1, 2005.

As amended and signed by the Governor on 6/21/05, H 1336 bans MTBE in motor fuel, more than 0.5 vol%, effective 1/1/08. See S.L. 2005-93 and 02 NCAC 42.0201(i).

SB 1339 was signed by the Governor on 8/17/08 (Ch. S.L. 2008-222). It requires a supplier that imports gasoline into NC to offer unblended gasoline for sale to distributors and retailers that is suitable for blending with fuel alcohol. Further, modified, amended, or renewed contracts cannot restrict a distributor or retailer from blending gasoline with fuel alcohol or from qualifying for any federal or State tax credit due to blenders.

Summer Federal Phase II RVP: Max. 7.8 psi RVP gasoline was required in all or parts of nine counties (Davidson, Davie, Durham, Forsyth, Gaston, Granville, Guilford, Mecklenburgh and Wake) in former 1 hr. ozone nonattainment areas (Charlotte-Gastonia, Greensboro/Winston-Salem/High Point and Raleigh-Durham). EPA approved a change to 9.0 psi RVP for Raleigh-Durham-Chapel Hill and Greensboro/Winston-Salem/High Point, effective 5/30/14; see 79 FR 29362 (5/22/14).  EPA approved a change to summer 9.0 psi RVP for Charlotte-Gastonia effective 9/16/15 (see 80 FR 49164; 8/17/15).  Max. 9.0 psi RVP gasoline is required elsewhere. The summer maximum RVP limitation shall be 1 psi higher for gasoline blends with 10 vol% ethanol per Clean Air Act section 211(h)(4).

In a letter dated 6/1/07, EPA announced a waiver of the summer 7.8 psi RVP gasoline requirements for these nine counties through 6/11/07.

In a letter dated 9/5/08, EPA issued a waiver of the 7.8 psi RVP gasoline requirements through 9/15/08 to address a fuel supply emergency caused by Hurricane Gustav. The Agency also temporarily waived the requirement that ethanol/gasoline blends must have 9-10 vol% ethanol to qualify for the one psi RVP allowance. EPA waived the summer RVP gasoline requirements throughout the state in a letter dated 9/11/08.

In a letter dated 9/4/12, EPA waived requirements for low RVP gasoline through Sept. 15 as a result of Hurricane Isaac and allowed 11.5 psi RVP gasoline if supplies of low RVP gasoline are not available.

In a multi-state letter dated 8/30/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA allowed 11.5 psi RVP gasoline to be sold statewide through September 15. This was affirmed in another multi-state waiver dated 8/31/17. 

Legislature: Senate Bill 953 was signed by the Governor on 7/21/99. It calls for a state 30/80 ppm gasoline sulfur control program effective 1/1/2004 unless U.S. EPA promulgates a comparable federal Tier 2/gasoline sulfur program. Because the federal Tier 2/gasoline sulfur program was promulgated in 2000, HB 1308, signed by the Governor on 8/15/02, rescinded the state's gasoline sulfur control program and this temporary rescission ended on 1/1/06. This rescission was made permanent when the Governor signed SB 316 on 7/15/05 (see S.L. 2005-196).

S 999 (introduced in March 2009) and H 1209 (introduced in April 2009) would clarify that each supplier that imports gasoline into NC must offer at each terminal gasoline for sale to a distributor or retailer that is not preblended with fuel alcohol and that is suitable for subsequent blending with fuel alcohol. 

Last updated August 2017