Fuels

EPA Grants 2001-'06 E15 Waiver

Agency continues review of public comments for dispenser label
WASHINGTON -- The U.S. Environmental Protection Agency (EPA) on Friday waived a limitation on selling gasoline that contains more than 10% ethanol for model-year (MY) 2001 through 2006 passenger vehicles, including cars, SUVs and light pickup trucks. The waiver applies to E15, gasoline that contains up to 15% ethanol. The American Petroleum Institute (API) called the EPA's decision "a rush to judgment"

EPA Administrator Lisa P. Jackson made the decision after a review of the Department of Energy's (DOE) testing and other available data on E15's effect on emissions from [image-nocss] MY 2001 through 2006 cars and light trucks.

"Recently completed testing and data analysis show that E15 does not harm emissions control equipment in newer cars and light trucks," said EPA Administrator Lisa P. Jackson. "Wherever sound science and the law support steps to allow more home-grown fuels in America's vehicles, this administration takes those steps."

On October 13, 2010, EPA approved a waiver allowing the use of E15 for MY 2007 and newer cars and light trucks. At that time, EPA denied a request to allow the use of E15 for MY 2000 and older vehicles and postponed its decision on the use of E15 in MY 2001 to 2006 cars and light trucks until DOE completed additional testing for those model years.

The agency also announced that no waiver is being granted this year for E15 use in any motorcycles, heavy-duty vehicles or nonroad engines because current testing data does not support such a waiver.

These waivers represent one of a number of actions that are needed from federal, state and industry to commercialize E15 gasoline blends.

Also, the EPA is developing requirements to ensure that E15 is properly labeled at the gasoline dispenser. The label will be designed to prevent refueling into vehicles, engines and equipment not currently approved for the higher ethanol blend, it said.

The Energy Independence & Security Act of 2007 mandated an increase in the overall volume of renewable fuels into the marketplace, reaching a 36 billion gallon total in 2022. Ethanol is considered a renewable fuel because it is produced from plant products or wastes and not from fossil fuels. Ethanol is blended with gasoline for use in most areas across the country.

The EPA granted the waiver after considering the E15 petition submitted by Growth Energy and 54 ethanol manufacturers in March 2009. In April 2009, EPA sought public comment on the petition and received about 78,000 comments.

The petition was submitted under a Clean Air Act provision that allows the EPA to waive the act's prohibition against the sale of a significantly altered fuel if the petitioner shows that the new fuel will not cause or contribute to the failure of engine and other emission-related parts that ensure compliance with emission standards.

Click hereto view the EPA's E15 page.

API, which called the EPA's decision to further extend an increase in the amount of ethanol allowed in gasoline "a rush to judgment," also warned about possible performance problems that may put consumers at risk.

"An interim report by the auto and oil industries released just this week has revealed potential performance problems that require further testing before E15 can be deemed safe to use in vehicles. EPA is choosing to ignore the potential red flags in its headlong rush to extend a premature waiver," said API's director of downstream operations, Bob Greco.

"[This] decision is even shakier than the original decision because comprehensive vehicle testing of E15 by automakers and the oil industry is not yet complete," he added. "Furthermore, EPA bypassed formal notice-and-comment procedures in making this decision. They simply placed DOE's test data in the docket and made their decision less than a month later without reopening the comment period. EPA is putting more American consumers at risk by approving the use of E15 without knowing the consequences it could have."

Greco said that vehicle and gas station equipment testing has revealed potential safety and performance problems that require further testing before E15 can be deemed safe. For example, he noted, recent DOE infrastructure testing of new and used retail gas station equipment resulted in more than half of the equipment failing, showing that there are serious issues with using any equipment not specifically certified for E15.

"API remains committed to manufacturing and selling fuels that will perform reliably in customer's vehicles; however, rushing to allow more ethanol before we know it is safe could be disastrous for consumers and could jeopardize the future of renewable fuels. With today's action, EPA made a bad decision even worse." he warned.

The Petroleum Marketers Association of America said in its most recent PMAA Today newsletter that it "is advising its members to continue limiting E15 to flex-fuel vehicles (FFV) until more legal and regulatory certainly is available for retailers."

It added, "There are many factors and risks retailers must consider before offering E15. Most importantly, EPA has not finalized its regulations governing misfueling and other retail procedures. PMAA also has significant concerns about storage and dispensing infrastructure performance risks."

When the EPA finalizes regulations governing E15 distribution and retailing, PMAA will publish necessary compliance information to members, the group said.

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