ARC 6581C

ARC 6581C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Notice of Intended Action

Proposing rule making related to gasoline and blended fuels

and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 85, "Weights and Measures," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 214A.2 and 214A.16 as amended by 2022 Iowa Acts, House File 2581.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 214A.2 and 214A.16 as amended by 2022 Iowa Acts, House File 2581.

Purpose and Summary

This proposed rule making implements changes made in 2022 Iowa Acts, House File 2581, during the 2022 Legislative Session. The proposed changes incorporate the following:

●Remove the requirement that fuel retailers place state-approved stickers on their pumps for ethanol and biodiesel fuels.

●Increase the minimum octane level for premium grade gasoline from 90 to 91 to match industry standards.

●Update the ethanol percentage by volume required for ethanol blended gasoline to qualify as E-85 to match industry standards.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m.on October 25, 2022. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Rescind and reserve subrule 85.48(10).

Item 2. Rescind and reserve subrule 85.48(12).

Item 3. Amend subrule 85.48(14) as follows:

85.48(14) Octane rating of fuel offered for sale shall be posted on the pump in a conspicuous place. The octane rating shall be posted for registered fuels. No octane rating shall be posted on the pump for ethanol blended gasoline classified as higher than E-15. The minimum octane rating for gasoline offered for sale by a retail dealer is 87 for regular grade gasoline and 90 91 for premium grade gasoline.

Item 4. Amend subrule 85.48(16) as follows:

85.48(16) Ethanol blended gasoline shall be designated E-xx where "xx" is the volume percent percentage of ethanol in the ethanol gasoline. Ethanol blended gasoline formulated with a percentage of ethanol between 70 and 85 68 and 83 percent by volume shall be designated as E-85. Biodiesel fuel shall be designated as B-xx where "xx" is more than 20 percent renewable fuel by volume.