47-18-1304 - Labeling and posting Standards Waiver of standards or alternative standards.
47-18-1304. Labeling and posting Standards Waiver of standards or alternative standards.
(a) Kerosene and motor fuels conveyed for consumption in Tennessee shall be labeled and posted in accordance with applicable federal and state law.
(b) Kerosene and motor fuels conveyed for consumption in Tennessee shall meet the standards established for such products in the annual book of ASTM standards, and supplements thereto; provided, that by duly promulgated rule:
(1) The department may adopt alternative volatility standards for gasoline-alcohol blends; provided, that the alternative standards are consistent with the protection and promotion of public health, safety and welfare; and
(2) The department shall adopt as a substitute standard any provision of federal law which imposes requirements in conflict with an ASTM standard.
(c) The commissioner is authorized to waive ASTM standards or to establish alternative standards for a specified period of time when such action is deemed necessary to protect or promote public health, safety and general welfare, and the interests of citizens of Tennessee; provided, that if such waiver or alternative standards remain in effect for more than one (1) year, the commissioner shall promulgate emergency or permanent rules, as the commissioner deems appropriate, pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
[Acts 1989, ch. 397, § 4; 1997, ch. 40, § 1; 2005, ch. 2, § 1.]