Tennessee Department of Agriculture Consumer & Industry Services Kerosene & Motor Fuels Quality Inspection Act 2014 Rule Update
Presentation Outline Overview Definitions Standard Specifications Classification & Method of Sale Water in Retail Tanks & Dispenser Filters
TENNESSEE DEPARTMENT OF AGRICULTURE Chapter 0080 5 12 Kerosene and Motor Fuels Quality Inspection Regulations TDA Updates Kerosene and Motor Fuel Quality Inspection Regulations Rules. Most recent rule update contains overall housekeeping that updates the current rules to be more consistent with the National Conference of Weights and Measures Uniform Engine Fuel Regulation along with FTC and EPA requirements. Prior to the updated rules TDA rule 0080 5 12.02 (1) (c) stated: Blends of gasoline and ethanol shall contain no more than 10 volume % ethanol.
TENNESSEE DEPARTMENT OF AGRICULTURE Chapter 0080 5 12 Kerosene and Motor Fuels Quality Inspection Regulations Rules update includes provisions for expanding the range of gasolineethanol blends that can be offered to Tennessee consumers by recognizing gasoline that contains up to 15 % by volume ethanol for use in certain conventional vehicles covered by the 2011 EPA waiver 2001 and newer light duty cars, trucks, and medium duty passenger vehicles (SUV s) as well as ethanol flex fuel vehicles. The rules also includes provisions for selling mid level blends for flexible fuel vehicles, and redefines (consistent with the national model regulation) E 85 as Ethanol Flex Fuel, with an ethanol concentration of 51 83 volume % ethanol. (This range is needed to allow the fuels to contain more gasoline in the winter months to avoid cold start issues.)
Definitions ASTM (Formerly The American Society for Testing and Materials) means ASTM International, the international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services and the promotion of related knowledge. EPA means the United States Environmental Protection Agency FTC means the United States Federal Trade Commission NCWM means the National Conference of Weights and Measures
Standard Specifications Gasoline Oxygenate Blends The maximum concentration of oxygenates contained in gasoline oxygenate blends shall be those permitted by the EPA under Section 211 of the Clean Air Act and applicable waivers. All conditions stipulated in the EPA waivers also apply.
Standard Specifications E15 Waiver Stipulations: Fuel can only be sold for use in MY 2001 and newer autos and light duty motor vehicles (FFV vehicles approved) Waiver excludes nonautomotive engines (e.g. power equipment, marine, recreational) Blender of Record must Register with EPA Misfueling mitigation plan required by each marketer Fuel Survey program participation No summertime vapor pressure allowance Detergent Additive Requirement Approved Fuel Dispensers and Tanks
Standard Specifications E15 MMP: EPA Label: 40 CFR 80.1501 (1) Dimensions. The label shall measure 3 and 5/8inches wide by 3 and1/8inches high. (2) Placement. The label shall be placed on the upper two thirds of each fuel dispenser where the consumer will see the label when selecting a fuel to purchase. For dispensers with one nozzle, the label shall be placed above the button or other control used for selecting E15, or in any other manner which clearly indicates which control is used to select E15. For dispensers with multiple nozzles, the label shall be placed in the location that is most likely to be seen by the consumer at the time of selection of E15.
Standard Specifications Product Transfer Document Requirements: 40 CFR 80.1503 NOTE: Requirements apply to everyone in the distribution system (not E15 marketer specific)! PTD required when a transfer of custody or title to product occurs. PTD for gasoline downstream of oxygenate blending facility: 40 CFR Part 80 Requirements PLUS: The name and address of the individual transferring the fuel; The name and address of the transferee; The volume of gasoline being transferred; The location of the gasoline at the time of the transfer; The date of the transfer; and An accurate description the gasoline ethanol blend. The information regarding the ethanol content of the fuel is required year round. The information regarding the RVP of the fuel is only required for gasoline during the regulatory control periods.
Standard Specifications Product Transfer Document Requirements: 40 CFR 80.1503 Conventional Blendstock PTD Requirements: Information about the ethanol content and RVP with insertions as indicated: (1) Suitable for the special RVP provisions for ethanol blends that contain between 9 and 10 vol % ethanol. (2) The RVP of this blendstock/gasoline for oxygenate blending does not exceed [Fill in appropriate value] psi. (3) The use of this gasoline to manufacture a gasoline ethanol blend containing anything other than between 9 and 10 volume percent ethanol may cause a summertime RVP violation. (4) For gasoline not described above, information regarding the suitable ethanol content, stated in the following format: Suitable for blending with ethanol at a concentration of no more than 15 vol % ethanol.
Standard Specifications Product Transfer Document Requirements: 40 CFR 80.1503 PTD for gasoline downstream of oxygenate blending facility: For gasoline containing no ethanol (E0), the following statement; E0: Contains no ethanol. The RVP does not exceed [fill in appropriate value] psi. For gasoline containing < 9.0 volume % ethanol, the following statement: EX Contains up to X% ethanol. The RVP does not exceed [fill in appropriate value] psi. The term X refers to the maximum volume percent ethanol present in the gasoline. For gasoline containing between 9.0 and 10.0 volume % ethanol (E10), the following statement: E10: Contains between 9 and 10 vol % ethanol. The RVP does not exceed [fill in appropriate value] psi. The 1.0 psi RVP waiver applies to this gasoline. Do not mix with gasoline containing anything other than between 9 and 10 vol % ethanol. For gasoline containing > 10.0 volume percent and not more than 15.0 volume percent ethanol (E15), the following statement: E15: Contains up to 15 vol % ethanol. The RVP does not exceed [fill in appropriate value] psi; or For all other gasoline that contains ethanol, the following statement: EXX Contains no more than XX% ethanol, where XX equals the volume % ethanol.
Standard Specifications Product Transfer Document Requirements: Additional PTD Requirements The records must be kept by the transferor and transferee for five (5) years from the date they were created or received by each party in the distribution system. TDA Rules for PTD, BOL, Shipping Papers or other documentation requirements are consistent with EPA. Delivery information must be kept at retail site for at least 30 days.
Standard Specifications E15 and Higher UST & Hardware Meet ALL EPA and TDEC Requirements for System Compatibility Contact TDEC UST for Guidance Some Underground Storage Tank (UST) systems and related underground equipment may not be compatible with E15 blends or may not be listed as such by approved testing laboratories, e.g. UL. Demonstrating compatibility is very important because failure to do so would not only violate EPA s UST regulations, but may also violate fire codes and conditions of UST insurance.
Standard Specifications E15 and Higher OSHA OSHA CFR 1910.106 requires that fuel tanks and dispensing equipment be listed with an approved testing laboratory, such as UL. TOSHA adopts the OSHA code by Rule in Tennessee. You must meet all TOSHA/OSHA requirements for conveying fuel products
EPA Approved E15 Dispenser Configurations Configuration 1 Dedicated E15 Hose. Configuration 2 Common Hose. (b) Providing at least one fueling position that delivers no more than 10 % ethanol from a dedicated nozzle and posting clear and visible signage of the non E15 fuel s availability (e.g. E10 Fuel Available on Dispenser No. X). (c) Affixing an additional label on the dispenser that reads: Passenger Vehicles Only. Use in Other Vehicle Engines and Equipment May Violate Federal Law Configuration 3 Common Hose: E15 & Ethanol Flex Fuels Minimum Transaction Requirements Contact EPA and Note TN requirements for Mid Level Ethanol Blends (coming up).
Regular Regular E15 Ethanol Flex Fuel CHECK OWNERS MANUAL CHECK OWNERS MANUAL
Standard Specifications Ethanol Flex Fuels (No longer E85): Ethanol Flex Fuel blends are covered by one of two ASTM standards based upon the ethanol concentration of the blend: Ethanol Flex Fuel blends containing 51 to 83 volume percent ethanol shall meet the latest version of ASTM D5798, Standard Specification for Ethanol Fuel Blends for Flexible Fuel Automotive Spark Ignition Engines ; and Ethanol Flex Fuel Blends containing 16 to 50 volume percent ethanol shall be blended, stored and conveyed for consumption in accordance with the recommendations and requirements included in the latest version of ASTM D7794, Standard Practice for Blending Mid Level Ethanol Fuel Blends for Flexible Fuel Vehicles with Automotive Spark Ignition Engines. ASTM D4814 does not apply to this classification of fuel.
Standard Specifications D7794 Highlights: A fuel blending plan shall be developed describing the necessary actions needed to achieve the targeted mid level ethanol fuel blends and performance expectations of flexible fuel vehicles. (TDA may ask to see the blending plan.) Fuel storage and blending systems shall be approved by the jurisdictions in charge of storage tanks, fuel dispensers, and associated equipment. If a single hose blending dispenser is used, the entire dispenser shall be dedicated to serving flexible fuel vehicles (with ethanol flex fuel). If a multiple hose dispenser configuration is used, one hose may be dedicated to E0 or E10 fuel, and one or more additional hoses may be dedicated to mid level ethanol fuel blends.
Classification & Method of Sale Method of Sale Type of Oxygenate Must Be Disclosed All automotive gasoline or gasoline oxygenate blends kept, offered, or exposed for sale, or sold, at retail containing at least 1.5 mass % oxygen shall be identified as with or containing (or similar wording) the predominant oxygenate in the engine fuel. This information shall be posted on the upper 50 % of the dispenser front panel in a position clear and conspicuous from the driver s position in a type at least 12.7 millimeters (½ inch) in height, 1.5 millimeter (1/16 inch) stroke (width of type)
Classification & Method of Sale Dispenser Nozzle Grip Guard Colors all retail ethanol flex fuel dispensers shall be equipped with yellow grip guards; no other product nozzles shall be equipped with yellow grip guards. All dispensers must be compliant with this requirement by May 1, 2016. Nozzle Requirements for Fuel Dispensers each retail dispensing device from which fuel products are sold shall be equipped with a nozzle spout having with a diameter that conforms to the latest version of SAE J285, Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark Ignition and Compression Ignition Engines. All dispensers must be compliant with this requirement by May 1, 2016. Spouts used to dispense "unleaded gasoline" should have a nominal OD of 20.6 mm (13/16 in). The spouts for all other fuels should have a nominal OD of 23.8 mm (15/16 in) or more.
Classification & Method of Sale When gasoline containing greater than 10 % by volume ethanol for use in conventional fuel vehicles is offered for sale, the grade terms listed above or otherwise approved by the Commissioner must be followed by the term EXX. For example, Regular E15 ; Plus E15 ; Premium E15.
Classification & Method of Sale Manganese Additive Requirements: All gasoline or gasoline oxygenate blends kept, offered, or exposed for sale, or sold at retail that contain any Manganese or any compound containing Manganese, including, without limitation, MMT, shall be labeled as follows: WARNING: Read Label Before Dispensing Fuel. This Fuel Contains Manganese, Manganese Compound, or MMT. Recommend Vehicle Operator Consult Owner s Manual Before Using This Fuel.
Classification & Method of Sale Ethanol Flex Fuels No longer E 85! Ethanol flex fuel shall be identified by the term Ethanol Flex Fuel or EXX Ethanol Flex Fuel. Ethanol Flex Fuel blends with an ethanol concentration no less than 51 and no greater than 83 percent by volume shall be labeled Ethanol Flex Fuel, minimum 51% ethanol or EXX Ethanol Flex Fuel, where XX is the target ethanol concentration in volume percent and the actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 percent by volume; Ethanol Flex Fuel blends with an ethanol concentration less than or equal to 50 volume percent shall be labeled EXX Flex Ethanol Fuel, where the XX is the target ethanol concentration in volume percent. The actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 percent by volume
Classification & Method of Sale B6 B20 Biodiesel Blends Biodiesel Blends shall be identified by the grade terms contained within ASTM D7467. Each dispenser of biodiesel blends containing more than 5 % and up to and including 20 % by volume biodiesel shall display a label that reads CHECK OWNER S MANUAL. This label shall be posted on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at 6.5 millimeters (1/4 in) in height and 1 millimeter (3/64 in) stroke.
Classification & Method of Sale Ethanol Flex Fuels No longer E 85! A label shall be posted which states For Use in Flexible Fuel Vehicles (FFV) Only. This information shall be clearly and conspicuously posed on the upper 50 % of the dispenser front panel in a type at least 12.7 millimeters (½ in) in height, 1.5 millimeter (1/16 in) stroke (width of type). The label shall also state, CHECK OWNER S MANUAL in a type at least 6.5 millimeters (¼ in) in height and 1 millimeter (3/64 in) stroke. The color of the wording shall be in definite contrast to the background color to which it is applied. Ethanol Flex Fuel CHECK OWNERS MANUAL
Classification & Method of Sale Water in Retail Tanks: Gasoline Alcohol Blends, Biodiesel, Biodiesel Blends, Ethanol Flex Fuel, AV Gas, Av. Turbine Fuel: Max ¼ Gasoline, Diesel, Other Fuels: 1.5 Retail Dispenser Filters: Gasoline, gasoline oxygenate blends, Ethanol Flex Fuel: 10 micron or smaller (7/1/2015). Other Products 30 micron minimum. AV Gas Jet Fuel: Contact Department for Details. Conformance to Specs ASTM D3244
Questions? Ed Coleman 615 837 5145 Toll Free Complaint Line: 1 800 OCTANE1