Section 261.312.2. Eligible applicants.

To be eligible to receive a retail motor fuel site infrastructure grant, an applicant shall:

       312.2(1) Be an owner or operator of a retail motor fuel site.

       312.2(2) Submit an application to the department in form and content acceptable to the department and the board.

       312.2(3) Meet the following eligibility requirements established by the board:

        a.           The fuel storage and dispensing infrastructure may include either an aboveground or belowground storage tank and ancillary equipment.

        b.           The fuel storage tank may be on a tank vehicle or transport if regularly parked overnight in Iowa.

        c.           The storage tank must, however, be used exclusively for retail delivery to the final consumer.

        d.           If a tank has multiple compartments, at least one of the compartments must be used exclusively for the storage and dispensing of E-85 gasoline, biodiesel or biodiesel blended fuel at retail. The compartment used exclusively for the storage of E-85 gasoline, biodiesel or biodiesel blended fuel is considered the tank for purposes of this program.

        e.           The tank and ancillary equipment must be approved for E-85 gasoline, biodiesel or biodiesel blended fuel use by either the Iowa department of natural resources or the state fire marshal, as evidenced by the most recent IDNR checklist.

        f.            The dispenser must be described by type and model in a written statement by the manufacturer of the dispenser. The manufacturer’s written statement must be signed by a responsible official on behalf of the manufacturer and must be provided either to the applicant or to the Iowa department of natural resources or the state fire marshal. If provided to the applicant, the statement must be kept on file on the premises of the applicant for the five-year term of the agreement. The written statement must state that:

       (1)             The dispenser is, in the opinion of the manufacturer, not incompatible with E-85 gasoline; and

       (2)             The manufacturer has initiated the process of applying to an independent testing laboratory for listing of the equipment used in dispensing E-85 gasoline.

        g.           Conversion kits. If a UL-listed E-85 dispenser conversion kit is used, it must be approved by the state fire marshal to be eligible for the E-85 grant.