Fuels

UL Announces New E15 Dispensing Directive

NACS says statement does "not sufficiently resolve industry concerns about liability"
NORTHBROOK, Ill. -- Independent product safety testing and certification organization Underwriters Laboratories (UL) has announced that it supports Authorities Having Jurisdiction (AHJs) who decide to permit legacy system dispensers, listed to UL 87 and currently installed in the market, to be used with fuel blends containing a maximum ethanol content of 15%.

UL stressed that existing fuel dispensers certified under UL 87 were for intended use with ethanol blends up to E10, which is the current legal limit for non-flex fuel vehicles in the United States under the federal [image-nocss] Clean Air Act; however, data the company has gathered as part of the organization's ongoing research to investigate the impact of using higher ethanol blends in fuel dispensing systems supports that existing dispensers can be used with ethanol blends up to 15%. AHJs are advised to consult with the dispenser manufacturer to confirm that the dispenser is compatible with the fuel to be dispensed.

UL researchers found that using equipment certified to UL 87 to dispense ethanol blends with a maximum ethanol content of 15% should not result in critical safety concerns; however, the company stressed that dispensers pumping this higher percentage of ethanol should be subject to regular inspection and preventative maintenance as specified by the dispenser manufacturer for the blend of fuel being dispensed because the potential for degradation of the metals and materials (e.g., plastics, elastomers and composites) used in a dispensing system increases as the percentage of ethanol increases.

"UL determined that there is no significant incremental risk of damage between E10 and fuels with a maximum of 15% ethanol. This conclusion was reached after careful examination of the effects of varying levels of ethanol on components," said John Drengenberg, consumer affairs manager for UL. "We will continue to evaluate test and field findings, as well as the scientific literature, as it becomes available and make this information available to AHJs."

AHJs are the local regulatory and approval entities that make the final determination of the acceptance of fuel dispensing devices. UL makes its research findings available to the AHJs for their consideration.

Standard UL 87 is used by UL research and testing staff members to evaluate fuel dispenser systems and their component parts for use with motor fuels with ethanol blends up to E10. Under normal business conditions, E10 at the dispenser can vary from about seven to 13% ethanol. Subject 87A is used to evaluate dispensers and components to be used with ethanol fuel blends up to a maximum of E85.

Over the past 15 years, the body of knowledge about ethanol has increased, compelling UL to invest more than $1 million to develop requirements to test and certify dispensing systems for ethanol fuel blends up to E85. UL operates as an independent entity with its sole focus on public safety. UL works with all participants as a neutral party to ensure the safest possible outcome for those who work with and rely on the products at issue.

"UL continues to support technological advancements, while protecting safety. That is why we have invested resources and effort that go far beyond any business benefit UL might gain from this work to support the ethanol industry's desire to have safety certification requirements established for E85 fuel dispensers," said Drengenberg.

The National Association of Convenience Stores (NACS) earlier this week said, "NACS staff and counsel, upon further review of the [UL] statement, are concerned that the announcement did not sufficiently resolve industry concerns about liability associated with selling gasoline blended with more than 10% ethanol through dispensers listed under UL 87. The UL announcement 'supports' local authorities allowing the sale of up to E15, but it does not expressly alter the approved volumes certified under UL 87. Consequently, the announcement may not materially alter the legal requirements with which retailers must abide."

NACS noted that the following questions concerning existing equipment and mid-level ethanol blends remain to be answered:
Will the announcement apply to all existing infrastructure (e.g., tanks, pipes, connecting equipment) or just dispensers? What effect, if any, does UL's announcement have with respect to state law and local fire marshall matters? Many local codes and the fire code require official certification of equipment. What effect, if any, does UL's announcement have with respect to equipment compatibility requirements included in tank insurance policies or state tank fund programs? Many of these policies and programs require official certification. What effect, if any, does UL's announcement have with respect to retailer exposure to liability associated with selling E15 through noncertified equipment? "UL's statement that is has data supporting the sale of E15 through existing equipment is a significant development that could help resolve many of these outstanding issues," said NACS. "However, without additional clarification, NACS remains concerned that retailers choosing to sell E15 through existing equipment are exposing themselves to considerable financial risk."

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