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Determinations/Other as amended, taking into account amendments up to Fuel Quality Standards (Ethanol E85) Amendment Determination 2022
Administered by: Climate Change, Energy, the Environment and Water
Registered 16 Aug 2022
Start Date 21 Jul 2022
Table of contents.

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Fuel Quality Standards (Ethanol E85) Determination 2019

made under section 21 of the

Fuel Quality Standards Act 2000

Compilation No. 1

Compilation date:                              21 July 2022

Includes amendments up to:            F2022L00996

Registered:                                         16 August 2022

About this compilation

This compilation

This is a compilation of the Fuel Quality Standards (Ethanol E85) Determination 2019 that shows the text of the law as amended and in force on 21 July 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Fuel standard for E85.................................................................................................... 2

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

Endnote 5—Editorial changes                                                                                                            8


1  Name

                   This instrument is the Fuel Quality Standards (Ethanol E85) Determination 2019.

3  Authority

                   This instrument is made under section 21 of the Fuel Quality Standards Act 2000.

4  Definitions

Note:          A number of expressions used in this instrument are defined in section 4 of the Act, including the following:

(a)    fuel

(b)    supply

(c)    inspector

                   In this instrument:

Act means the Fuel Quality Standards Act 2000.

ASTM followed by an alphanumeric code means the testing method developed under that code by the standards development organisation called ASTM International.

CEN/TS followed by a numeric code means the testing method developed under that code by the European Committee for Standardization.

DVPE means dry vapour pressure equivalent.

E85 means a mixture of petrol and ethanol that is supplied or represented as E85 fuel.

Note:          Section 5 requires the fuel to be 70–85% v/v ethanol.

EN followed by a numeric code means the testing method developed under that code by the European Committee for Standardization.

mg/kg means milligrams per kilogram, and is equivalent to ‘parts per million’ or ‘ppm’ by mass.

petrol has the same meaning as in the Fuel Quality Standards (Petrol) Determination 2019.    

% v/v means per cent volume by volume, and is equivalent to ‘volume %’, ‘vol %’ and ‘% vol’.

% m/m means per cent mass by mass, and is equivalent to ‘mass %’, ‘% mass’ and ‘weight %’.

5  Fuel standard for E85

             (1)  In relation to a parameter mentioned in an item of the following table, E85 must comply with the specification for that parameter mentioned in that item.

Item

Parameter

Specification

Testing Method

1

Acidity—as acetic acid   

0.006% m/m maximum

ASTM D7795

2

Benzene

0.35% v/v maximum

ASTM D5580

3

Copper

0.10 mg/kg maximum

EN 15837 (as modified in CEN/TS 15293)

4

Distillation—final boiling point

210°C maximum

ASTM D86

5

Ethanol

70–85% v/v

ASTM D6839

6

Ethers—5 or more C atoms

1.0% v/v maximum

ASTM D6839

7

Inorganic chloride

10 mg/kg maximum

ASTM D7328

8

Lead

5 mg/L maximum

ASTM D3237

9

Methanol

0.5% v/v maximum

ASTM D5501

10

Motor octane number (MON)

87 minimum

(See note)

11

Oxidation stability

360 minutes minimum

ASTM D525

12

pHe

6.5–9.0

ASTM D6423

13

Phosphorus

1.3 mg/L maximum

ASTM D3231

14

Research octane number (RON)

100 minimum

(See note)

15

Solvent washed gum

5.0 mg/100 mL maximum

ASTM D381

16

Sulfate

4.0 mg/kg maximum

ASTM D7328

17

Sulfur

From commencement
52 mg/kg maximum

From 15 December 2024
10 mg/kg maximum

ASTM D5453

18

Vapour pressure (DVPE) at 37.8°C

38–63 kPa

ASTM D5191

19

Water

1.0% m/m maximum

ASTM E1064

Note :         Testing methods for determining the MON and RON of E85 are not yet available. The minimum targets specified in the table are interim targets until a testing method is available. These minimum targets allow for engine calibration.

             (2)  For subsection (1), compliance with the specification for a parameter is determined by using the testing method for that parameter mentioned in that item of the table.

Note:          The testing methods listed in the table are the methods that will be used by inspectors and other persons authorised to conduct tests on fuel under the Act to determine whether the fuel complies with the relevant fuel standard. Subsection (2) does not prevent other persons (including persons supplying fuel) from using other test methods to ensure that the fuel complies with the relevant fuel standard.

             (3)  Any petrol component of E85 must meet the requirements of the fuel quality standard for petrol set out in the Fuel Quality Standards (Petrol) Determination 2019.

             (4)  Any ethanol component of E85 must meet the requirements of the fuel quality standard for ethanol set out in the Fuel Quality Standards (Petrol) Determination 2019.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Fuel Quality Standards (Ethanol E85) Determination 2019

25 Sept 2019 (F2019L01265)

1 Oct 2019 (s 2)

 

Fuel Quality Standards (Ethanol E85) Amendment Determination 2022

20 July 2022 (F2022L00996)

21 July 2022 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 5.............................................

am F2022L00996

 

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsection 5(1) (table item 17)

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 of the Fuel Quality Standards (Ethanol E85) Amendment Determination 2022 provides as follows:

Schedule 1Amendments

Fuel Quality Standards (Ethanol 85) Determination 2019

5  Subsection 5(1) (item 17 of the table)

            Omit “1 July 2027”, substitute “15 December 2024”.

The title to be amended reads “Fuel Quality Standards (Ethanol 85) Determination 2019” rather than the correct title of “Fuel Quality Standards (Ethanol E85) Determination 2019”.

This compilation was editorially changed by applying the amendment from Schedule 1 of the Fuel Quality Standards (Ethanol E85) Amendment Determination 2022 to the Fuel Quality Standards (Ethanol E85) Determination 2019 to give effect to the misdescribed amendment as intended.