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Flammable & Combustible Liquids Section
E-85
| Listing
(Certification) of Dispensing Equipment for E-85:
No Immediate Iowa Impact
Underwriters Laboratory (UL) recently announced
that they were suspending authorization to use UL Markings on components
for fuel dispensing devices that "specifically reference compatibility
with alcohol blended fuels which contain greater than 15 percent
alcohol." Rules of the Fire Marshal generally require that
any equipment used to dispense motor vehicle fuel be "listed"
by Underwriters Laboratory or another independent testing laboratory
for use with that fuel. UL's action has received a lot of publicity,
but it will have no immediate impact on dispensing of E-85 in Iowa.
In 2005, the State Fire Marshal, working in cooperation
with the Iowa Department of Natural Resources and the renewable
fuels industry, developed rules which allow dispensing of E-85 with
equipment which is not listed by an independent testing laboratory
for such use, provided that certain requirements are met. These
rules were initially effective until July 1, 2007 and have been
extended until July 1, 2009 by language contained in 2006 Iowa Acts,
Hose File 2754, enacted by the Iowa General Assembly this year and
signed by Governor Vilsack. |
Iowa has been a leader in the development and marketing
of motor vehicle fuels which combine petroleum products with products
derived from crops. Leading examples are ethanol, with gasoline combined
with alcohol derived from corn, and soy diesel fuel.
In the fall of 2005, the Fire Marshal worked in collaboration
with the Iowa Department of Natural Resources to develop rules and inspection
protocols to facilitate the growth of the use of "E-85" (gasoline
combined with corn-based alcohol with the alcohol making up as much as
85 percent of the blend; traditional ethanol contains 10 percent alcohol).
Two difficulties needed to be overcome: National Fire
Protection Association standards used by the Fire Marshal in regulating
flammable and combustible liquids generally allow dispensing of motor
vehicle fuels only from equipment which is "listed" (approved)
by an independent testing laboratory. However, E-85 was new to the market
and no equipment was listed for dispensing it. In addition, the Fire Marshal's
Flammable Liquids Section did not have sufficient staff to inspect facilities
which would be dispensing E-85.
The Fire Marshal adopted an amendment to the standard
for dispensing of motor vehicle fuel (rule 661--51.202(101)), which reads
as follows:
Add the following new section:
- 6.9 Dispensing of E–blend.
- 6.9.1 Definitions.
- “E–10” means a blend of petroleum and
ethanol including no more than 10 percent ethanol intended
for use as a motor vehicle fuel.
- “E–blend” means a blend of petroleum
and ethanol including more than 10 percent ethanol intended
for use as a motor vehicle fuel.
- 6.9.2 Requirements for equipment dispensing
E–blend prior to July 1, 2007.
Prior to July 1, 2007, E–blend may be dispensed from equipment
listed for use with gasoline or E–10, provided that the
equipment is fully in compliance with all requirements for use
in dispensing gasoline or E–10 if the manufacturer states:
- That the equipment is, in the opinion of the
manufacturer, not incompatible with E–blend, and
- The manufacturer has initiated the process
of applying to an independent testing laboratory for listing of
the equipment for use in dispensing E–blend.
“Manufacturer states” means that the manufacturer
has provided a written statement, with reference to a particular
type and model of equipment, signed by a responsible official
on behalf of the manufacturer either to the retail outlet using
the dispensing equipment or to the fire marshal. If the written
statement is provided to a retail outlet, the written statement
shall be retained in the files on the premises of the retail outlet
and shall be available to personnel of the fire marshal division
or the department of natural resources on request.
- 6.9.3 Retail outlets which had been dispensing
E–blend prior to August 1, 2005. A retail outlet which had
been dispensing E–blend prior to August 1, 2005, may continue
to do so until July 1, 2007, with existing equipment provided
that:
- The dispensing equipment fully complies
with the requirements established in NFPA 30A for dispensing E–10.
- The dispensing equipment has not been found
by the manufacturer or an independent testing laboratory to be
incompatible with the dispensing of E–blend.
- 6.9.4 Requirements for equipment dispensing
E–blend on or after July 1, 2007. On or after July 1, 2007,
any equipment used to dispense E–blend shall be listed for
dispensing E–blend.
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The intent of this language is to facilitate the dispensing
of E-85, while ensuring the safety of dispensing facilities.
During the 2006 session of the Iowa General Assembly,
the enactment of 2006
Iowa Acts, House File 2754 resulting in extending the date by which
listed equipment will be required for dispensing E-85 to July 1, 2009.
The Fire Marshal has adopted an amendment, which will become effective
on March 1, 2007, to administrative rule 661--51.202(101) to implement
this change.
The Iowa Department of Public Safety and the Iowa Department
of Natural Resources have entered into a 28E agreement which allows DNR
inspectors who inspect a fueling site which is dispensing E-85 to enforce
rules of the Fire Marshal as well as DNR rules. A checklist was developed
by staff of the Fire Marshal Division to assist DNR staff in this effort.
Further information regarding regulation of E-85 dispensing
and storage may be obtained from the Web site of the Iowa Department of
Natural Resources at http://www.iowadnr.gov/land/ust/technicalresources/ethanol.html.
Additional information about ethanol and other renewable
fuels may be obtained from the Iowa
Renewable Fuels Association.
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