Congress is discussing a bill that would allow the year-round retail sale of E15 (an 85 percent gasoline/15 percent ethanol blend). Introduced in the Senate by Senator Deb Fischer (R-NE), the Consumer and Fuel Retailer Choice Act (S. 517) would “expand consumer choice and eliminate confusion at the pump,” says Fischer, “by ensuring a consistently labeled product is offered year-round, which would decrease occurrences of misfuelings.” The bill has solid bipartisan backing, mostly from lawmakers from Midwest agricultural states.
Summer E15 prohibition
S. 517 would specifically extend the one-pound Reid vapor pressure (RVP) waiver to E15 during the summer months. The RVP is the common measure of gasoline volatility. The EPA regulates the vapor pressure of gasoline sold at retail stations from June 1 to September 15 to reduce evaporative emissions. In general, the Clean Air Act prohibits the sale of gasoline with an RVP greater than 9 pounds per square inch (psi) during the summer. But the CAA also provides the 1-pound psi waiver (called the 1-pound waiver) for E10.
“This waiver does not apply to E15 during the summer even though it has a lower RVP and burns more cleanly,” testified Fischer at a recent Senate hearing. “As a result, fuel retailers are required to change fuel labels at the pumps before and after the summer season. This leads to increased costs and greater confusion for consumers.”
Fischer notes that E5 has been approved by the EPA for use in passenger cars, light-duty trucks, and medium-duty passenger vehicles built after 2001. Currently, E15 is offered to consumers in 29 states.
“Consumers appreciate having choices, whether it’s at the grocery store or the fuel pump,” said Senator Chuck Grassley (R-IA), one of the bill’s cosponsors. “Those of us who live in biofuels-producing states understand the appeal of cleaner, domestic, renewable fuels. The EPA should be consistent in the way it treats different fuel blends as a matter of fairness and to give consumers more options for fueling their vehicles. The EPA has never acted on its authority to grant a Reid vapor pressure waiver for E15. This bill proposes a legislative fix to fill the void.”
False choice to consumers
Extension of the RVP waiver to E15 remains adamantly opposed by the petroleum industry, which also has spoken out against S.517. Frank Macchiarola, Director of the American Petroleum Institute’s Downstream Group, says the bill gives a “false choice” to consumers.
“The legislation reverses decades of EPA precedent and substantive Clean Air Act protections, while failing to comprehensively reform the broken RFS [renewable fuel standard],” said Macchiarola. “Independent voices have studied E15, and they confirm that it is not compatible with the vast majority of cars on the road, and that greater use of this fuel could result in higher prices at the pump. We urge lawmakers to take up real RFS reform and not be distracted by this flawed bill.”
The text of S.517 is here.