CIOMA Advisory 2006 Ultra Low Sulfur Diesel Transition

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1 CIOMA Advisory 2006 Ultra Low Sulfur Diesel Transition Updated May 24, 2006 CIOMA Members This Advisory is being circulated to help fuel marketers and distributors plan effectively for the implementation of CARB specification ultra low sulfur diesel (ULSD) later this year. The CIOMA News Brief has contained various articles regarding ULSD issues over the last few months this Advisory takes that information, with new details, and compiles it into one document for your convenience. The short story California has its own diesel fuel specification and timeline regulations. Ignore all the chatter about the federal requirements. All California diesel sold to on-road and off-road vehicles must be ULSD - period. Federal spec or pre-ulsd-spec fuels will not be allowed to be used except for very limited purposes. And the reality is that the logistics of fuel movement in this state will basically dictate one flavor of diesel, CARB ULSD. There may be some proprietary locations or racks close to the state border where federal spec diesel is available, but those locations will be rare. Timeline California has adopted a timeline for implementation of ultra low sulfur diesel. CIOMA has worked with CARB enforcement and fuels program staff to obtain a clearer picture of the ULS diesel timelines, which is presented below. Some important points to consider: 1) The California deadlines are the operative deadlines even if changes are made in federal deadlines. 2) The regulations only govern fuel in tanks where fuel is sold or exchanged they do not regulate the content of many end-user tanks. This helps on the question of compliance for low-turn tanks such as ag tanks, construction tanks, generators, etc. Fuel in those tanks will not have to meet the 15ppm standard (see important note regarding end-user tanks further along in this memo) as long as it is not offered for sale or exchange. 3) California diesel has a different spec than federal diesel, although both ULS diesels will have the same 15ppm sulfur content. California diesel has a different aromatics specification. Only California ULS diesel is approved for sale in the state. California ULS Diesel Deadlines Refiners & Fuel Importers Terminals Bulk & Retail Tanks June 1, 2006 July 15, 2006 September 1, 2006 Intra-state locomotives and marine harbor craft must use ULSD by 1/1/07. California deadlines are independent of any changes made by federal EPA (such as the recent announcement that they are extending the retail deadline for federal ULSD to October 15). CIOMA ULSD Transition Advisory - 5/24/2006 Page 1

2 Marketer bulk and cargo tanks will have to contain compliant ultra-low sulfur diesel beginning September 1, End-user tanks (where fuel content is not offered for sale or exchange) may continue to have off-spec diesel in their tanks after September 1, but should keep fuel invoices to show that they have purchased only ultra-low sulfur diesel after that date. An important distinction here should be noted. Tanks that are used to fuel vehicles or other mobile equipment may be tested at some point. However, most of these tanks will fall into the low throughput definition where regulatory discretion can be applied. Again, make sure your customers know that they should keep their receipts showing that they have purchased nothing but CA ULSD after September 1 so if they are tested they will have proof that they are complying with the requirements. Tanks that are used to directly supply fixed equipment (generators, pumps, etc.) are not subject to the 15 ppm limit. Kinder Morgan announced that it would require 8ppm sulfur diesel as a leave-the-refinery specification. This will be implemented as follows: 21st cycle (May 26th) 15ppm 22nd cycle (June 5th) 11ppm 23rd cycle (June 12th) 8ppm They have also announced that they will NOT indicate the sulfur level of diesel leaving their possession; they will only indicate that the fuel meets the California spec (more on this later, under Enforcement Issues). Suggestion: check with your rack provider to see if they will provide any additional information on the sulfur content of diesel purchased from the rack. Lubricity There is an ASTM spec for lubricity in adopted by reference in California so as long as the fuel is meeting the ASTM spec, lubricity will be addressed. Static/conductivity - In recent weeks, several petroleum and trucking groups have raised concerns about the conductivity of ultra low sulfur diesel (ULSD). Reports have surfaced of potential dangers in switch-loading truck compartments and storage tanks when a load of gasoline is followed by ULSD. While the issue is controversial and is currently being studied by petroleum and trucking groups, reports have surfaced that ULSD is prone to static charge buildup and discharge when loaded at fast flow rates to tanks where gasoline vapors are present. ULSD has low electrical conductivity due to reduced sulfur content. Although there have been reports of terminal fires while loading caused by static discharge, California s strict vapor recovery requirements should help minimize this type of situation. There appears to be a variety of plans developed to reduce the static/conductivity problem, including additization. However not all companies will be using additives, so it is probably best to assume that no additive has been put into the fuel. Suggestion: check with your terminals/ suppliers to find out whether an anti-static additive is planned, or whether there are recommend handling requirements. CIOMA ULSD Transition Advisory - 5/24/2006 Page 2

3 Cross-loading - A question has arisen regarding the common practice of loading cargo tanks with diesel, then gas, then diesel, and so on. The issue is whether retain of California spec gasoline in cargo tanks will contaminate ULSD diesel. Our research indicates that California sulfur specification in gasoline is 30ppm, which could create a contamination problem. However, most California RFG is produced at about 10ppm, so in theory there should not be a problem. Recommendation check with your gasoline supplier to see if they know/are keeping records regarding the sulfur content in their gasoline, and whether they are willing to share that information with you. Also ask them to inform you if and when they are producing gasoline with higher than 15ppm sulfur. Cross-loading of other fuels, such as jet fuel or aviation gasoline should be avoided. Flash point - Another cross-loading issue that has come to light recently is the possibility of decreasing diesel flash point when loading after gasoline. Some have raised concerns that he reduced sulfur content in ULSD creates a higher risk of small amounts of gasoline lowering the diesel flash point beyond the ASTM specification. This could subject the fuel owner to penalties, enforcement action and possible fuel replacement. Recommendation you might want to check a couple of batches of ULSD that have been loaded after gasoline to determine if you are encountering a flash point issue. If you are you finding a problem you might want to consider dedicated cargo tanks for ULSD or mechanical adjustments to hardware to reduce retain of gasoline. Pump labeling We have received notice from the federal Environmental Protection Agency (EPA) that they have adopted a set of regulations on April 20 th which contain regulatory relief for California refiners, transporters and marketers regarding pump labeling. The regulations exempt locations marketing California ULSD from pump labeling requirements. There are no state requirements for labeling since California ULSD is required for virtually all uses. There was concern that the Federal labeling requirements would be enforced by EPA creating a duality in requirements and enforcement. This rule clarifies that state dispensers, dispensing CA ULSD, will not be subject to the label requirements. One note of caution: Although the regulations have been adopted by EPA, they will not be officially adopted until they appear in the Federal Register. We have been informed by EPA that they do not believe the regulations will be posted in the Federal Register by June 1 st which is the pump labeling deadline. However, EPA representatives have indicated that they will implement enforcement discretion on this issue. Any discrepancy between state and federal regulations should not be a problem since California agencies have no labeling requirement, and have expressed no interest in enforcing the EPA requirements. We will keep members informed if we hear anything different. Transfer Documents Again, the EPA has developed a set of regulations regarding transfer documents since outside California other flavors of diesel may be in circulation at the same time. However the CIOMA ULSD Transition Advisory - 5/24/2006 Page 3

4 regulations adopted April 20 th provide some relief from federal transfer document requirements. These regulations clarify that state transporters and distributors providing CARB ULSD will not be subject to the federal transfer document requirements if they put: California diesel fuel. Maximum 15 ppm sulfur on their invoices or other transfer documents. However all marketers, and their customers, are advised to keep documentation showing that they have purchased or sold state-compliant ULSD, in case any questions arise. For state marketers that may export CARB ULSD out of state there are federal transfer document requirements. Inquire what those may be from your fuel supply source. Additive Requirements - The Petroleum Marketers Association of America has alerted us to another possible ULSD transition issue. In PMAA s review of recently adopted federal regulations they have found a provision that relates to diesel additives. Here is what the language requires: As of June 1, all diesel fuel additives sold directly to consumers are required to have one of the following two labels: "This diesel fuel additive complies with the federal low sulfur content requirements for use in diesel motor vehicles and non-road engines." "This diesel fuel additive does not comply with federal ultra-low sulfur content requirements for use in model year 2007 and newer engines." Recommendation: If additives are held in inventory, you should check with your supplier(s) to find out sulfur content so you can determine which statement applies. Further, marketers who blend additives in bulk must have Product Transfer Documents (PTDs) that disclose sulfur content of additives. Recommendation: You should check immediately with your additive supplier(s) do determine the sulfur content of additives you may include in your diesel fuels. Since the state has no requirement for product transfer document statements it is unclear which state agency (if any) will enforce these provisions. We are checking with federal EPA and appropriate state agencies to see who will be the enforcing agencies regarding transfer document information, and whether there will be any enforcement discretion or flexibility provided. Tank Turnovers General practice recommendations from fuel suppliers indicate that turning cargo tanks and bulk tanks 3-5 times should result in a compliant tank. However a key to this rule of thumb is how much heel is left in the tank, and what the sulfur content of the heel is. Draining tanks as far as possible will result in less turns in getting a tank into compliance. Your supplier should have guidance on tank turns and appropriate transition ratios. CIOMA ULSD Transition Advisory - 5/24/2006 Page 4

5 Transmix A problem without any apparent easy fix is the fact that as ULSD is moved through the pipelines it will create significantly increased amounts of transmix the liquid interface between differing types of fuel - where the mixed material does not meet California fuel specifications. This increase is due to the fact that ULSD shipments must be wrapped more carefully than previous pipeline diesel shipments - more transmix is created between the ULSD and other products shipped in front of an in back of the ULSD. The fundamental problem is that pipeline companies have a finite amount of fixed storage and increased transmix volumes will mean use of product storage for transmix material (reducing product availability at the racks) or, in the worse-case, pipeline distribution interruptions. Another issue raised by some refiners is that they do not have the infrastructure to receive large amounts of transmix, nor an easy capability to re-condition the material into useable product. This issue could lead to product distribution and supply difficulties. We have been unable to receive any reliable information on the magnitude of this problem, or how it may be resolved. CIOMA is working with state agency officials to alert them to this problem, and get them thinking in terms of contingency plans if supply disruptions occur. The California Energy Commission does have their informal fuel allocation process as a possible stop-gap remedy. Enforcement Issues The primary enforcement issue is how flexible state agencies are going to be regarding the initial phase of ULSD distribution. Federal EPA has provided flexibility advice and information regarding federal spec ULSD phase-in. However, California has separate regulations and so the federal guidance is of minimal value. CIOMA continues to work with state enforcement agencies in understanding what flexibility may be provided. At the present time there is no official guidance or direction from the state enforcement agencies. The typical standard used in fuel spec violations is that everyone in the supply chain is guilty until you can prove yourself innocent. We will provide additional information as it becomes available on enforcement flexibility. A key aspect of enforcement to remember is that only tanks that are used for sale or trade of product will be higher profile targets for tank testing and enforcement action. Everyone should keep receipts so they can document their ongoing compliance condition. Compatibility of ULSD with Diesel Engines Since the transition from high sulfur diesel to low-sulfur diesel in 1993 created a rash of enginerelated problems, there have been many questions related to how engines might perform under ULSD. Since lower-sulfur diesel has been on the California market for some time, it is unlikely that we will see the same level of engine problems that was encountered in The most common problem in 1993 was seal failurs where nitrile rubber (Buna N) seals in long service at high temperatures were involved. Also, the failures were more specific to aromatics content than to sulfur content. Suggestion advise end-use customers of the possibility of the ULSD having an effect on older Buna N seals. CIOMA ULSD Transition Advisory - 5/24/2006 Page 5

6 Key Contacts ULSD Transition, 2006 Air Resources Board: Steve Brisby Steven J. Brisby, Manager Fuels Section, Stationary Source Division Phone: (916) Fax: (916) Dean Simeroth Chief, Criteria Pollutants Branch Phone: (916) Division of Measurement Standards David R. Lazier Chief, Weighmaster Enforcement, Petroleum Products Branch Phone: (916) Fax: (916) Enforcement Division: Chuck Beddow Phone: (916) Mark Stover Phone: (916) Energy Commission Gordon Schremp Fuels Division Phone: (916) Fax: (916) Note: It is important for each marketer to verify their own specific situation and status this advisory contains generalized information and should not be used as final compliance advice. CIOMA ULSD Transition Advisory - 5/24/2006 Page 6

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