IAB
3/30/16
NOTICES
1853
ARC
2479C
AGRICUL
TURE
AND
LAND
STEW
ARDSHIP
DEP
AR
TMENT
[21]
Notice
of
Intended
Action
T
wenty-five
inter
ested
persons,
a
governmental
subdivision,
an
agency
or
association
of
25
or
mor
e
persons
may
demand
an
oral
pr
esentation
her
eon
as
pr
ovided
in
Iowa
Code
section
17A.4(1)
“b.”
Notice
is
also
given
to
the
public
that
the
Administrative
Rules
Review
Committee
may
,
on
its
own
motion
or
on
written
r
equest
by
any
individual
or
gr
oup,
r
eview
this
pr
oposed
action
under
section
17A.8(6)
at
a
r
egular
or
special
meeting
wher
e
the
public
or
inter
ested
persons
may
be
heard.
Pursuant
to
the
authority
of
Iowa
Code
section
159.5(7),
the
Agriculture
and
Land
Stewardship
Department
hereby
gives
Notice
of
Intended
Action
to
amend
Chapter
12,
“Renewable
Fuels
and
Coproducts,”
Chapter
13,
“Renewable
Fuel
Infrastructure
Board—Or
ganization,”
Chapter
14,
“Renewable
Fuel
Infrastructure
Program
for
Retail
Motor
Fuel
Sites,”
Chapter
16,
“Renewable
Fuel
Infrastructure
Program
Administration,”
and
Chapter
85,
“W
eights
and
Measures,”
Iowa
Administrative
Code.
The
proposed
amendments
expand
the
Renewable
Fuel
Infrastructure
Program
for
retail
motor
fuel
sites
by
allowing
funds
to
be
used
for
the
storing
and
dispensing
of
E-15.
The
proposed
amendments
also
set
a
minimum
size
of
a
renewable
fuel
pump
decal
and
update
label
requirements
for
ethanol
flex
fuels.
The
new
decals
will
need
to
be
in
place
by
January
1,
2018.
Any
interested
person
may
make
written
suggestions
or
comments
on
the
proposed
amendments
on
or
before
April
19,
2016.
W
ritten
comments
should
be
addressed
to
Mar
garet
Thomson,
Iowa
Department
of
Agriculture
and
Land
Stewardship,
W
allace
State
Of
fice
Building,
502
East
9th
Street,
Des
Moines,
Iowa
50319.
Comments
may
be
submitted
by
fax
to
(515)725-1036
or
by
e-mail
to
Mar
garet.Thomson@IowaAgriculture.gov
.
The
proposed
amendments
are
subject
to
the
Department’
s
general
waiver
provision.
After
analysis
and
review
of
this
rule
making,
a
positive
impact
on
jobs
and
the
economy
has
been
found
because
increased
use
of
biofuels
helps
farmers,
renewable
fuels
producers,
and
consumers.
These
amendments
are
intended
to
implement
Iowa
Code
sections
159.20(1)
and
159A.14
and
2015
Iowa
Acts,
Senate
File
510,
division
IX.
The
following
amendments
are
proposed.
I
TEM
1
.
Adopt
the
following
new
subrule
12.3(4)
:
12.3(4)
E-15
ethanol
infrastructure
must
be
used
to
store
and
dispense
E-15
gasoline
as
a
registered
fuel
recognized
by
the
United
States
Environmental
Protection
Agency
for
nonsummer
months
from
September
16
to
May
31.
I
TEM
2
.
Amend
rule
21—12.4(159A)
as
follows:
21—12.4
(159A)
Renewable
fuels
motor
vehicle
fuels
decals.
All
motor
vehicle
fuel
kept,
of
fered
or
exposed
for
sale
or
sold
at
retail
containing
over
1
percent
of
a
renewable
fuel
shall
be
identified
with
a
decal
located
on
front
of
the
motor
vehicle
fuel
pump
and
placed
between
30″
and
50″
above
the
driveway
level
or
in
an
alternative
location
approved
by
the
department.
The
appearance
of
the
decal
shall
conform
to
the
following
standards
adopted
by
the
renewable
fuels
and
coproducts
advisory
committee:
12.4(1)
The
only
two
sizes
minimum
design
size
of
decals
department-
approved
decals
are
the
following:
is
1.25″
by
2.5″.
a.
A
design
of
1.25″
by
4″.
b.
A
design
of
2″
by
6″.
12.4(2)
All
labels
shall
Labels
may
have
the
word
“with”
in
letters
a
minimum
of
.1875″
high,
and
the
name
of
the
renewable
fuel
in
letters
a
minimum
of
.5″
high
.
12.4(3)
The
use
of
color
,
design
and
wording
shall
be
approved
by
the
renewable
fuels
and
coproducts
advisory
committee.
The
coordinator
may
receive
input
from
any
party
,
including
the
weights
and
measures
bureau
of
the
department,
in
recommending
the
color
,
design,
and
wording.
The
1854
NOTICES
IAB
3/30/16
AGRICUL
TURE
AND
LAND
STEW
ARDSHIP
DEP
AR
TMENT[21](cont’d)
advisory
committee
shall
approve
the
color
,
design,
and
wording
of
the
decal
to
promote
the
use
of
renewable
fuels.
12.4(4)
12.4(3)
All
black
and
white
ethanol
fuel
pump
stickers
shall
be
replaced
by
department-
approved
colorful
“American
Ethanol”
fuel
pump
decals
ef
fective
July
January
1,
1995
2018
.
I
TEM
3
.
Amend
rule
21—13.1(159A)
,
definition
of
“Project,”
as
follows:
“
Pr
oject
”
means
the
installation
of
equipment
for
motor
fuel
storage,
dispensing
and
distribution
of
E-15
or
E-85
gasoline,
biodiesel
or
biodiesel
blend.
I
TEM
4
.
Amend
paragraphs
14.2(3)“d”
to
“f”
as
follows:
d.
If
a
tank
has
multiple
compartments,
at
least
one
of
the
compartments
must
be
used
exclusively
for
the
storage
and
dispensing
of
E-15
or
E-85
gasoline,
biodiesel
or
biodiesel
blended
fuel
at
retail.
The
compartment
used
exclusively
for
the
storage
of
E-15
or
E-85
gasoline,
biodiesel
or
biodiesel
blended
fuel
is
considered
the
tank
for
purposes
of
this
program.
e.
The
tank
and
ancillary
equipment
must
be
approved
for
E-15
or
E-85
gasoline,
biodiesel
or
biodiesel
blended
fuel
use
by
either
the
Iowa
department
of
natural
resources
or
the
state
fire
marshal,
as
evidenced
by
the
most
recent
IDNR
checklist.
f.
The
dispenser
and
dispenser
components
must
be
described
by
type
and
model
in
a
written
statement
listed
by
an
independent
testing
laboratory
,
approved
by
the
manufacturer
of
the
dispenser
.
The
manufacturer
’
s
written
statement
must
be
signed
by
a
responsible
of
ficial
on
behalf
of
the
manufacturer
and
must
be
provided
either
to
the
applicant
or
to
the
Iowa
department
of
natural
resources
or
approved
by
the
state
fire
marshal
as
compatible
with
E-15
or
E-85
gasoline
.
If
provided
to
the
applicant,
the
statement
must
be
kept
on
file
on
the
premises
of
the
applicant
for
the
five-year
term
of
the
agreement.
The
written
statement
must
state
that:
(1)
The
dispenser
is,
in
the
opinion
of
the
manufacturer
,
not
incompatible
with
E-85
gasoline;
and
(2)
The
manufacturer
has
initiated
the
process
of
applying
to
an
independent
testing
laboratory
for
listing
of
the
equipment
used
in
dispensing
E-85
gasoline.
An
Iowa-licensed
installer
has
been
identified
to
perform
the
installation.
I
TEM
5
.
Amend
subparagraph
16.2(3)“a”(3)
as
follows:
(3)
Supplemental
financial
incentives.
A
person
may
be
granted
supplemental
financial
incentives
as
an
amendment
to
the
cost-share
agreement.
1.
No
change.
2.
Supplemental
award
for
additional
tank
and
associated
infrastructure.
A
person
may
request
a
supplemental
financial
incentive
for
tank
and
associated
infrastructure,
as
an
amendment
to
the
subsequent
cost-share
agreement(s).
The
purpose
of
an
award
for
an
additional
tank(s)
and
associated
infrastructure
is
to
accelerate
the
installation
of
an
additional
tank(s)
and
associated
infrastructure
at
an
additional
retail
motor
fuel
site
after
an
initial
grant
award
is
provided.
T
o
be
eligible,
the
initial
grant
award
must
be
awarded
to
the
person
on
or
after
May
12,
2008.
The
maximum
award
amount
available
as
a
supplemental
financial
incentive
is
$6,000
per
supplemental
site.
The
person
is
limited
to
four
supplemental
financial
incentive
awards
within
the
12-month
period
following
the
completion
of
the
initial
retail
motor
fuel
site
project.
I
TEM
6
.
Amend
subparagraph
16.2(3)“b”(2)
as
follows:
(2)
Biodiesel
fuel
B99/B100
for
year
-round
distribution.
1.
Duration.
The
duration
of
a
cost-share
agreement
is
five
years.
2.
Maximum
award
amount.
The
maximum
award
amount
is
50
percent
of
the
actual
cost
of
making
the
improvements
or
$100,000,
whichever
is
less.
3.
Application
acceptance
begins
January
1,
2009.
Grant
applications
for
B99/B100
projects
will
be
accepted
beginning
January
1,
2009.
4.
3.
Lifetime
cap
amount.
The
maximum
or
lifetime
cap
for
B99/B100
biodiesel
terminal
grants
is
$800,000
per
person.
IAB
3/30/16
NOTICES
1855
AGRICUL
TURE
AND
LAND
STEW
ARDSHIP
DEP
AR
TMENT[21](cont’d)
I
TEM
7
.
Rescind
and
reserve
paragraph
16.2(3)“c.”
I
TEM
8
.
Amend
subrule
16.2(7)
as
follows:
16.2(7)
Exhaustion
of
funds.
In
the
event
funding
is
exhausted
at
the
end
of
the
fiscal
year
or
June
30,
2012
,
the
board
shall
approve
remaining
applications
based
on
criteria
implemented
by
the
board.
I
TEM
9
.
Amend
subparagraph
16.3(2)“b”(2)
as
follows:
(2)
Assurance
that
all
equipment
funded
by
the
grant
is
designed
and
will
be
used
exclusively
to
store
or
dispense
E-15
or
E-85
gasoline,
biodiesel
or
biodiesel
blended
fuel,
respectively
,
for
the
period
specified
in
the
agreement.
I
TEM
10
.
Amend
subparagraph
16.5(5)“a”(2)
as
follows:
(2)
W
aiver
due
to
demonstration
of
financial
hardship
(repayment
on
a
sliding
scale
and
no
25
percent
penalty).
A
grant
recipient
may
seek
a
permanent
waiver
of
exclusive
use
of
the
approved
renewable
fuel
during
the
time
period
in
which
a
cost-share
agreement
is
in
ef
fect
due
to
financial
hardship.
The
grant
recipient
must
demonstrate
that
continuing
to
dispense
the
renewable
fuel
at
a
project
site
will
cause
a
financial
hardship.
A
request
for
waiver
due
to
financial
hardship
shall
include
documentation
to
show
a
“good
faith”
ef
fort
to
market
the
fuel,
specifically
the
most
recent
six-month
history
of
gallons
of
approved
renewable
fuel
sold
by
month,
marketing/advertising
ef
forts,
retail
price
comparison
of
E-15
or
E-85
to
E-10
(or
regular
gasoline)
or
of
biodiesel
to
regular
diesel.
If
a
waiver
is
granted,
the
25
percent
penalty
will
not
be
assessed,
but
the
grant
funds
shall
be
repaid
as
follows:
1.
and
2.
No
change.
I
TEM
1
1
.
Amend
subrule
85.48(10)
as
follows:
85.48(10)
W
eights
and
measures
motor
vehicle
fuels
decals.
All
motor
vehicle
fuel
kept,
of
fered
or
exposed
for
sale
or
sold
at
retail
containing
over
1
percent
of
a
renewable
fuel
shall
be
identified
with
a
decal
located
on
front
of
the
motor
vehicle
fuel
pump
and
placed
between
30″
and
50″
above
the
driveway
level
or
in
an
alternative
location
approved
by
the
department.
The
appearance
of
the
decal
shall
conform
to
the
following
standards
adopted
by
the
renewable
fuels
and
coproducts
advisory
committee:
a.
The
only
two
sizes
minimum
design
size
of
decals
department-
approved
decals
are
the
following:
is
1.25″
by
2.5″.
(1)
A
design
of
1.25″
by
4″.
(2)
A
design
of
2″
by
6″.
b.
All
labels
shall
Labels
may
have
the
word
“with”
in
letters
a
minimum
of
.1875″
high,
and
the
name
of
the
renewable
fuel
in
letters
a
minimum
of
.5″
high
.
c.
The
use
of
color
,
design
and
wording
shall
be
approved
by
the
renewable
fuels
and
coproducts
advisory
committee.
The
coordinator
may
receive
input
from
any
party
including
the
weights
and
measures
bureau
of
the
department
in
recommending
the
color
,
design,
and
wording.
The
advisory
committee
shall
approve
the
color
,
design,
and
wording
to
promote
the
use
of
renewable
fuels.
d.
All
black
and
white
ethanol
fuel
pump
stickers
shall
be
replaced
by
department-
approved
colorful
“American
Ethanol”
fuel
pump
decals
ef
fective
July
January
1,
1995
2018
.
e.
to
g.
No
change.
I
TEM
12
.
Amend
subrule
85.48(1
1)
as
follows:
85.48(1
1)
Ethanol
blended
gasoline
classified
as
higher
than
E-15
shall
have
a
visible,
legible
“for
flex
fuel
vehicle
only”
“use
only
in
flex-fuel
vehicles
may
harm
other
engines”
sticker
on
the
pump
or
pump
handle.
The
updated
decals
need
to
be
in
place
by
January
1,
2018.
I
TEM
13
.
Adopt
the
following
new
subrule
85.48(13)
:
85.48(13)
Ethanol
blended
gasoline
classified
with
an
octane
rating
of
87
or
higher
may
be
labeled
or
advertised
as
“super”
or
“plus.”