Fuels

The Orange & the Black'

EPA finalizes E15 dispenser labels; issues guidance on UST biofuels compatibility

WASHINGTON -- The U.S. Environmental Protection Agency (EPA) has issued fuel pump labeling and other requirements for gasoline blends containing more than 10% and up to 15% ethanol, known as E15. These requirements will help ensure that E15 is properly labeled and used once it enters the market.

The new orange-and-black label must appear on fuel pumps that dispense E15. This label will help inform consumers about which vehicles can use E15. This label will also warn consumers against using E15 in vehicles older than model year 2001, motorcycles, watercraft, and gasoline-powered [image-nocss] equipment such as lawnmowers and chainsaws.

Over the past year, the EPA issued two partial waivers under the Clean Air Act that in sum allow E15 to be sold for use in model year 2001 and newer cars and light trucks. The EPA based its waiver decisions on testing and analysis showing that these vehicles could continue to meet emission standards if operated on E15; however, the EPA does not mandate the use of E15, nor has the agency registered the fuel, which is required before E15 can be legally sold for use in conventional vehicles.

The E15 pump label requirements, developed in coordination with the Federal Trade Commission (FTC), adopt elements of FTC's existing labels for alternative fuels to promote consistent labeling. The rule also includes a prohibition against misfueling with E15; a requirement to track E15 and other fuels as they move through the fuel supply chain so that E15 can be properly blended and labeled; and a quarterly survey to help ensure that gasoline pumps dispensing E15 are properly labeled. In addition, it modifies the Reformulated Gasoline (RFG) Program to allow fuel producers to certify batches of E15 as complying with RFG standards.

This action will help to further reduce the risks of potential misfueling that could result in damage to the vehicle or equipment and in associated emission increases that pose threats to human health and the environment, the EPA said.

"Two areas of the final rule are less satisfactory," said the Society of Independent Gas Station Marketers of America (SIGMA) in a legislative alert. "First, the rule does not address the liability to gasoline marketers resulting from the sale of E15 and higher ethanol blends--either from a misfueling standpoint or from the standpoint of existing equipment not being certified for use to dispense and store gasoline containing more than 10% ethanol. EPA's failure to address these liability issues highlights the need for legislation to protect marketers from liability related to the sale of E15. Second, the rule does not require a separate label for E85, which SIGMA urged the EPA to require in its comments on the proposed rule."

Click here for more information about the pump label.

The EPA is also issuing guidance on the compatibility of underground storage tanks (USTs) with gasoline containing greater than 10% ethanol or diesel containing greater than 20% biodiesel. The guidance is intended to assist UST owners and operators in meeting the existing federal UST compatibility requirements.

Click herefor details about the UST guidance.

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