B10 Handling Guide (PDF: 448 KB / 4 pages)
Announcement from the Minnesota State Register, September 30, 2013; page 445:
The Minnesota Departments of Agriculture, Commerce and the Minnesota Pollution Control Agency announce the move to a B10 biodiesel mandate.
Minnesota Statutes § 239.77, Subd. 2 (b) requires the Commissioners of Agriculture, Commerce and the Pollution Control Agency to determine whether four statutory conditions have been met before increasing the minimum biodiesel content mandate to B10 in 2012 and to B20 in 2015. These conditions involve federal standards for blend specifications, the production capacity of biodiesel in Minnesota, the amount of infrastructure and regulatory protocol for biodiesel blending, and the source of feedstocks.
The Commissioners are hereby giving notice that all four conditions have been satisfied and there the state of Minnesota will move to a B10 biodiesel mandate.
For more information, contact:
Kevin Hennessy, Bioenergy Manager
Minnesota Department of Agriculture
625 Robert Street North
St. Paul, MN 55155
Phone: (651) 201-6223
1. What are the 4 conditions that have been met? Please provide specifics.
These are the conditions in MS§239.77, subdivision 2b:
(b) The minimum content levels in paragraph (a), clauses (3) and (4), become effective on the date specified only if the commissioners of agriculture, commerce, and pollution control publish notice in the State Register and provide written notice to the chairs of the house of representatives and senate committees with jurisdiction over agriculture, commerce, and transportation policy and finance, at least 270 days prior to the date of each scheduled increase, that all of the following conditions have been met and the state is prepared to move to the next scheduled minimum content level:
(1) an American Society for Testing and Materials specification or equivalent federal standard exists for the next minimum diesel-biodiesel blend;
(2) a sufficient supply of biodiesel is available and the amount of biodiesel produced in this state from feedstock with at least 75 percent that is produced in the United States and Canada is equal to at least 50 percent of anticipated demand at the next minimum content level;
(3) adequate blending infrastructure and regulatory protocol are in place in order to promote biodiesel quality and avoid any potential economic disruption; and
(4) at least five percent of the amount of biodiesel necessary for that minimum content level will be produced from a biological resource other than an agricultural resource traditionally grown or raised in the state, including, but not limited to, algae cultivated for biofuels production, waste oils, and tallow.
The condition in clause (2) may be waived if the commissioner finds that, due to weather-related conditions, the necessary feed stock is unavailable.
The condition in clause (4) may be waived if the commissioners find that the use of these nontraditional feedstocks would be uneconomic under market conditions existing at the time notice is given under this paragraph.
2. What happened to increasing the mandate in 2012?
In a letter from the commissioners dated November 3, 2011, the conditions specified for the cause of the delay were:
“- Regulatory protocol: The Minnesota Department of Commerce, Weights and Measures Division is the enforcement agent for the state’s biodiesel content mandate. Weights & Measures audits and samples biodiesel stored at bulk delivery facilities or sold at retail outlets in the state to ensure adequate biodiesel blends are offered. The division’s investigators inspect retail outlets on a regular schedule. The length of the interval between inspections might allow for an opportunity for undetected violations of the content mandate. Also, Weights & Measures does not have the authority to audit or inspect at farms or fleet facilities to determine if Minnesota bulk facilities are delivering mandate-compliant fuel.
- Amount of blending infrastructure: The majority of the state is equipped with adequate biodiesel blending infrastructure. The southwestern portion of the state historically has experienced some issues with access to mandate-compliant fuel, leading to supply issues.”
Both of these fell under the 3rd condition.
3. When will this move to B10 take effect?
July 1, 2014.
4. Will it be year-round or just in the summer?
The B10 mandate covers April through September per the updated statute revised during the 2014 regular session; this year (2014) the B10 portion of the mandate will be implemented only for July through September. The waiver on blending biodiesel with #1 diesel is now year round per MS § 239.77, subdivision 3a (a) and will not expire until May 1, 2020.
5. I understand this is a mandate. However, does the governor still have approve/sign off on it to make it official?
No, it is already law. To view the details, see MS § 239.77 and the changes made during the 2014 regular legislative session (see sections 9, 10 and 11).
6. Is the state still on track for B20 in 2015?
No. The 2014 regular legislative session postpones the B20 portion of the mandate until May 1, 2018 (Laws of Minnesota, Chapter 181, Section 9).
Kevin Hennessy, Bioenergy Manager
Kevin.Hennessy@state.mn.us ~ 651-201-6223
Ag Marketing & Development Division