Montana has a mandatory E10 law on the books, MCA 2007, 82-15-121, but it hasn't triggered. Like Oregon, the law will not be implemented until the state has an ethanol plant capable of at least 40 mgy of ethanol. There are no plants in the foreseeable future, and now with EISA 2007, it may never happen. The exemptions in the Montana law are interesting, MCA 2007, 82-15-122. Aircraft, racing and off road use is exempt and "Gasoline retailers and wholesale bulk distributors shall hold, store, import, transfer, and offer for sale or use nonethanol-blended unleaded premium grade gasoline with an antiknock index number of 91 or greater." So apparently if you want to use clear premium unleaded, retailers have to sell it to you. Of course the most glaring question is, since this law has not triggered, will the exemptions obtain as E10 spreads across Montana because of EISA 2007?
Every mandatory E10 state has exemptions to their blending law, because there are a number of piston engine applications that should not, and some that cannot, use ethanol blended gasoline. Unfortunately the exemptions are not uniform. They vary from only one exemption in Washington, aircraft, to a universal exemption of premium unleaded in Missouri. All states exempt aircraft usage, but most states like Oregon and Washington make it almost impossible to get unblended gasoline. Oregon is the only state that allows for unblended regular and premium gasoline for the exemptions, and then makes it almost impossible to get any unblended gasoline. All other mandatory ethanol states just allow clear premium unleaded gasoline for the exempted classes.
The following piston engine applications should not use ethanol blended gasoline:
We urge people to work on legislation in each state to prohibit the blending of ethanol into premium unleaded gasoline and to require the accurate labeling of pumps that dispense ethanol. You are also urged to write the EPA and ask them to prohibit the blending of ethanol in all of the premium unleaded gasoline produced in the country; they have the authority to do that with a stroke of the pen and have been urged to do that by numerous organizations.
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If you need information, with references, in order to frame arguments against ethanol blending, use these Talking Points.