EPA Emergency Order Allows Summer Sale of E15 Gasoline

The US Environmental Protection Agency today is issuing an emergency fuel waiver to allow E15 gasoline, gasoline blended with 15% ethanol, to be sold during the summer driving season. EPA’s waiver is effective 1 May when terminal operators would otherwise no longer be able to sell E15 in the affected regions of the country.

It will last through 20 May, which is the statutory maximum of 20 days. EPA will continue to monitor the supply with industry and federal associates. EPA expects to issue new waivers effectively extending the emergency fuel waiver until such time as the “extreme and unusual fuel supply circumstances” due to the war in Ukraine are no longer present.

“This action will provide Americans with relief at the pump from ongoing market supply issues created by Russia’s unprovoked war in Ukraine by increasing fuel supply and offering consumers more choices at the pump. The waiver will help protect Americans from fuel supply crises by reducing our reliance on imported fossil fuels, building U.S. energy independence, and supporting American agriculture and manufacturing. Current estimates indicate that on average, E15 is about 25 cents a gallon cheaper than E10,” EPA said in a press release. Omitted was the fact that ethanol contains less energy by volume than gasoline so mileage decreases.

The Clean Air Act permits the EPA Administrator, in consultation with DOE, to temporarily waive certain fuel requirements to address shortages. As required by law, EPA and DOE evaluated the situation and determined that granting the waiver was in the public interest.

Because the RVP (Reid Vapor Pressure*) of E10 and E15 gasoline used by consumers will be the same (both will be 1 psi higher than required by EPA or state regulations) EPA said it does not expect any impact on air quality from this limited action. EPA’s research has shown no significant impact on evaporative emissions when the 1-psi waiver is extended to E15. With no significant impacts on emissions from cars and trucks, consumers can continue to use E15 without concern that its use in the summer will impact air quality,” according to EPA.

“The Biden-Harris Administration is committed to protecting Americans from fuel supply challenges resulting from the ongoing war in Ukraine by ensuring consumers have more choices at the pump,” said Administrator Michael S. Regan. “Allowing E15 sales during the summer driving season will not only help increase fuel supply, but support American farmers, strengthen U.S. energy security, and provide relief to drivers across the country.”

*Volatility is the property of a liquid fuel that defines its evaporation characteristics. RVP is an abbreviation for “Reid vapor pressure,” a common measure of and generic term for gasoline volatility. EPA regulates the vapor pressure of gasoline sold at retail stations during the summer ozone season (June 1 to September 15) to reduce evaporative emissions from gasoline that contribute to ground-level ozone and diminish the effects of ozone-related health problems.

EPA established a two-phase reduction in summertime commercial gasoline volatility. These rules reduce gasoline emissions of volatile organic compounds (VOC) that are a major contributor to ground-level ozone (smog). Phase I was applicable to calendar years 1989 through 1991. Depending on the state and month, gasoline RVP was not to exceed 10.5 pounds per square inch (psi), 9.5 psi, or 9.0 psi. Phase II is applicable to 1992 and later calendar years.

Depending on the state and month, gasoline RVP may not exceed 9.0 psi or 7.8 psi. EPA provides a 1.0 psi RVP allowance for gasoline containing 10 percent ethanol. In order to relax the more stringent federal 7.8 psi RVP standard the state must submit a revision to the area’s attainment demonstration or maintenance plan demonstrating timely attainment or continued attainment of the ozone NAAQS with the less stringent RVP standard in place and that the RVP relaxation complies with the anti-backsliding requirements in CAA section 110(l).  See EPA RVP here.  

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