PIERRE, S.D. -- The South Dakota Department of Public Safety is drafting rules to clarify the legal status of 85-octane gasoline in South Dakota markets and to specify how that product must be labeled.
A recent review of state laws and rules by the Department's Office of Weights & Measures determined that the sale of 85-octane gasoline is illegal anywhere in South Dakota.
"We were asked to review the legality of 85-octane fuel,'' said David Pfahler, director of the Office of Weights & Measures. "We found no legal authority for its sale in the state, even though it has been commonly accepted as a preferred higher-altitude fuel.''
State law refers to octane content as an anti-knock index. For many years, gasoline with an octane level of 85 has been marketed in western South Dakota. In recent months the product has been marketed in eastern parts of the state, as well.
Prior to the advent of computer-controlled engines in automobiles, around 1984, vehicles had a carbureted engine in which the spark used to ignite the air/fuel mixture in the cylinders was mechanically advanced or retarded. In carbureted engines, a number of factors affected engine knock, altitude being one of the most significant. In response to the altitude factor, the American Society for Testing & Materials (ASTM), developed a number of regions in which it was determined that a lower octane gasoline would perform at a given altitude as well as 87 octane would at sea level. The ASTM regions are generally high-elevation Rocky Mountain states.
After discussions with representatives of the petroleum industry, it was decided that due to possible supply shortages during the summer travel season, 85 octane could be made available as a market choice for consumers, with proper cautionary labeling. Vehicle manufacturers' groups do not support the sale of 85-octane gasoline and most engines are designed to run on a minimum of 87-octane gasoline.
The proposed rules will clarify that 85 octane is a legal product in South Dakota; however, the rules will also specify the labeling required to ensure that consumers know the product may not meet the manufacturer's minimum fuel standards for their vehicle.
The Office of Weights & Measures will follow a rule-making process that includes public notice of the proposed rules and then public hearings to allow interested persons to have input before the rules are adopted.
Pfahler urged consumers to check the owner's manuals of their vehicles to determine the proper octane level recommended for each type of vehicle. Many people are likely to find that most modern automotive engines call for a minimum octane level of at least 87, he said.
During the recent review, inspectors with the Office of Weights & Measures found instances of mislabeling of motor fuel. Some fuel with an 85-octane level was being sold as 87 octane and in some instances 89 octane. State law requires octane level to be accurately posted. State inspectors will continue to check for compliance with legal posting requirements.
Conviction of mislabeling fuel is a Class 2 misdemeanor, punishable by up to 30 days in jail and a $500 fine or both.
Tony Venhuizen, a senior adviser to Governor Dennis Daugaard, told The Rapid City Journal that the state probably won't be enforcing its rules about 85-octane gasoline until it works out a long-term solution. Venhuizen said the state will try to finalize a rule within several months to resolve the issue.
"85 octane has always been sold in Rapid City," Dawna Leitzke, executive director of the South Dakota Petroleum & Propane Marketers Association, told The Rapid City Journal.
The lower octane is usually cheaper, but can cause premature detonation and knocking in engines. Newer car engines, however, are better able to handle low-octane gasoline, Gregg Laskoski, an analyst for GasBuddy.com, told the newspaper.
Car manufacturers generally oppose the use of 85-octane gasoline, fearing it could harm engines, according to the state Office of Weights & Measures.
One reason the state is thinking about allowing 85-octane gasoline across the state is to address possible fuel shortages this summer.
A delegation of gas station owners and petroleum marketers met in Pierre last week with state officials to discuss the issue.
"Everybody stated their positions and had an opportunity to tell what they thought," Leitzke said. "We're all trying to work together so we don't disrupt our supply."
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