Will Pruitt Lift EPA’s Restriction on the Use of E15?

Five Republican senators from ethanol-producing states are hoping Scott Pruitt, EPA’s new administrator, will lift the current Agency restriction on the use of E15 (fuel that is 85 percent gasoline and 15 percent ethanol) from June 1 to September 15. The restriction is intended to lower evaporative emissions during the summer months to control the formation of ground-level ozone. The Agency has the same concerns about E10 but has, nonetheless, issued a waiver to allow E10 sales throughout the year.

Corn-growing states and the ethanol industry have long argued that the volatility of E15 is, in fact, lower than that of E10. But the EPA has stated that it does not believe it has the statutory authority to extend the waiver to E15. Legislation to provide such a waiver has been introduced in the past but has not overcome strong opposition in Congress from lawmakers with ties to the petroleum industry. It remains to be seen how Pruitt, who also has the strong support of the oil and gas sector, will address the request for the E15 waiver.

RVP

The Clean Air Act (CAA) limits the volatility of gasoline, as measured by Reid Vapor Pressure (RVP), to 9 pounds per square inch (psi) from June 1 to September 15. In 1989, the EPA adopted an interim 1-psi RVP waiver for E10, and this waiver was later codified through amendments to the CAA in 1990.

In their letter, the senators note that despite repeated requests, the EPA has refused to grant this same 1-psi waiver to gasoline blends that contain more than 10 percent ethanol, such as E15. As a result, sales of E15 in most of the country are severely restricted during the peak summer driving season.

“Retailers are forced to find specially tailored low-RVP gasoline blendstock to make E15 in the summertime, or avoid selling the fuel altogether,” write the senators. “Neither of these options are practical or economical for most retailers and their customers.”

Ironically, the letter adds, the volatility of E15 and other higher blends is actually lower than that of E10, meaning there is a slight evaporative emissions benefit associated with replacing a gallon of E10 with a gallon of E15.

Permanent Solution Sought

“Unfortunately, without the waiver being extended, this archaic policy prevents E15 from enjoying the same treatment year round, discouraging retailers from installing infrastructure to distribute these fuel alternatives, and ultimately increasing costs for consumers,” the senators write. “We ask that you extend the 1-psi RVP waiver to E15 and higher blends, to eliminate this needless obstacle to consumer choice. We look forward to working with you to find a permanent solution to this issue.”

The letter was signed by Senators Joni Ernst (IA), Charles Grassley (IA), Roy Blunt (MO), Pat Roberts (KS), and John Thune (SD).

The letter is available here.