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to inform motorists.
• Here is a brief summary of the situation and the actions being taken by state officials:
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• Emergency rule and permanent rules
• An emergency rule will be implemented to maintain balance between industry supply concerns and the consumer's right to information about the product. The rule would temporarily allow the sale of 85 octane and mandate cautionary labeling: Attention: This octane level may not meet minimum manufacturer specifications.  Consult your owner's manual before fueling."
• The emergency rules will be used as the starting point for the permanent rules in a process that includes time for public comment, public hearings, suggested alternatives, amendments and legislative review.
• The proposed temporary and permanent rules will be filed with the Legislative Research Council on Friday, June 15.
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• Formal Opinion from Attorney General
• A review by the Office of Weights and Measures recently concluded that the sale of 85 octane is illegal under existing laws and rules. The Governor has asked Attorney General Marty Jackley for an official opinion on the issue, so that the legal reasoning is clear and publicly available in written form.
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• Department of Public Safety octane and labeling inspection
• Inspections by the DPS Office of Weights and Measures found several instances of mislabeled fuel being sold. Information from those inspections will be turned over on Monday, June 18, to the Attorney General and to states attorneys in the appropriate jurisdictions for possible prosecution.
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• Testing resources for Office of Weights and Measures
• The Governor ordered the Department of Public Safety to obtain the necessary fuel-quality testing equipment to allow Weights and Measures to include octane-level testing in inspections. The state currently lacks the ability to test octane and has relied on documents prepared by the distributor. The Department is in contact with other states to determine the best equipment and practices and to secure agreements for access to ongoing testing. The State also is exploring an increase in the frequency of inspections in this area.
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