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Washington Follows Minnesota's
Lead on B2 Requirement

OLYMPIA, Wash. - Washington state became the second in the nation to pass a law requiring biodiesel to represent at least 2 percent of all purchased diesel fuel sales. But it appears school buses operations won't be affected, or forced to comply.

A March 21 memorandum to public school administrators from Allan J. Jones, the state's director of pupil transportation and traffic safety, and obtained by School Transportation News, said the law contains no legal requirement for school districts to use 2 percent biodiesel in their fleets.

Dan Payne, president-elect of the Washington Association for Pupil Transportation, said school districts are considered county entities. The requirement instead affects all state agencies and goes into effect in November of 2008, or when in-state biodiesel production can meet the 2 percent requirement, whichever comes first. At that time the reporting level rises to 5 percent biodiesel sales, when the Department of Agriculture determines both in-state oil seed crushing capacity and feedstock growth can satisfy 3 percent of total annual diesel sales.

The law is basically designed to increase the fueling choices of all state consumers, ranging from zero renewable content to completely renewable fuel, Jones added. It is expected to create demand for 20 million gallons of biodiesel annually in the first year. By 2009 state agencies will be required to move towards 20 percent biodiesel.

"We can grow these crops in eastern Washington, crush the seeds in places like Moses Lake and ship them across the Cascades for use in buses in Seattle, Tacoma and Olympia," said Gov. Chris Gregoire, who signed the law into effect on March 30.

Minnesota was the first to pass the B2 requirement in 2002. The law became enforceable last fall, but state regulators suspended it twice amid clogging issues in truck and bus fleets during the harsh winter months when some biodiesel producers failed to meet specifications under ASTM 6571.

"There are issues," said Jason Kelly, director of communications for the Washington State Department of Agriculture. "There are many challenges associated with this new mandate. Obviously production is a big part of it."

He added that the law will increase the scope of existing fuel quality standards over the next 18 months "so people can be assured diesel fuel is up to standards."

The current Weights and Measures program regulates the use and accuracy of all commercial weighing, measuring and counting devices used in the state. It also administers the Motor Fuel Quality program, which provides sampling and analysis to measure octane, oxygenation and other product quality factors. Kelly said the department will receive funding to double its staff and the number of fuel inspectors statewide, as well as hiring a fuel quality monitoring specialist.

Source: School Transportation News, May 2006. All rights reserved.

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