EPA Finalizes Regulations to Mitigate
the Potential for Misfueling of Vehicles,
Engines and Equipment with E15
EPA is issuing a final rule to mitigate the potential for misfueling
of vehicles, engines and equipment not covered by the Agency's
partial waivers for gasoline containing greater than 10 volume percent
(vol%) ethanol (E10) and up to 15 vol% ethanol (El5). The regula-
tions are expected to further reduce the potential for misfueling and
emission increases that could result from misfueling. EPA is also
modifying the Reformulated Gasoline (REG) program to allow fuel
manufacturers to certify batches of E15 fuel.
El 5 Partial Waivers
In March 2009, the U.S. Environmental Protection Agency (EPA) received an appli-
cation under section 211(f)(4) of the Clean Air Act (CAA) for a waiver for gasoline -
ethanol blends of up to 15 vol% ethanol. In response, EPA granted two partial waivers,
issued in October 2010 and January 2011, that allow, but do not require, El5 to be
introduced into commerce for use in model year (MY) 2001 and newer light-duty
motor vehicles, subject to certain conditions. Light-duty vehicles include cars, pick-up
trucks, and other passenger vehicles such as minivans and all but the largest SUVs,
EPA also placed conditions on the waivers to ensure fuel quality and mitigate the
potential misfueling of vehicles, engines, and equipment not covered by the El5
waiver decisions.
Under the Clean Air Act, a new fuel or fuel additive must be registered with EPA
before it can be introduced into commerce. As of the date of signature of the final rule,
El5 had not been registered.
SEPA
United States
Environmental Protection
Agency
Office of Transportation and Air Quality
EPA-420-F-11-023
June 2011
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Key Act ions
EPA is finalizing the following misfueling mitigation measures:
• A prohibition on the use of gasoline containing more than 10 vol% ethanol in vehicles,
engines and equipment not covered by the partial waiver decisions (i.e., MY2000 and older
light-duty motor vehicles, and all heavy-duty gasoline vehicles and engines, motorcycles and
gasoline-powered equipment such as lawn and garden equipment and boats)
• The use of the following label for fuel pumps that dispense E15 to alert consumers to the
appropriate and lawful use of the fuel:
E15
Up to 15% ethanol
Use only in
* 2001 and newer passenger vehicles
• Flex-fuel vehicles
Don't use In other vehie*et, boat*, or
gasoline-powered equipment It may cause
damage and Is prohibited by federal law.
In developing today's final labeling requirements, the Agency consulted with Federal Trade
Commission (FTC) consumer labeling experts and other staff about effective and consistent
label design. EPA will continue to work with FTC on labeling issues.
• The product transfer document (PTD), a commercial document that accompanies a gasoline
shipment, is required to specify the ethanol content of, or the level of ethanol that may be
added to, the gasoline prior to sale to retail stations or wholesale purchaser-consumers. The
Agency is also providing more flexibility in how that information is conveyed to help ensure
that fuel producers, distributors and retailers have the information they need to properly
blend, track and label El5.
• An ongoing implementation survey of fuel samples taken from gasoline retail stations to
ensure that El5 is being properly blended and labeled.
A public education and outreach program for El5 is an important step to help mitigate misfuel-
ing. EPA encourages stakeholders to develop accurate and objective information for the public
about the appropriate use of El5. EPA plans to work with stakeholders in the development and
dissemination of El5 outreach materials.
The Agency is also modifying the RFG program, including revisions to the Complex Model, to
allow fuel manufacturers to certify batches of El5 fuel.
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In addition, EPA is issuing a final interpretation of (CAA) section 211(h)(4) to clarify that the
statute allows only gasoline'Cthanol blends that contain 9-10 vol% ethanol to exceed the Reid
Vapor Pressure (RVP) standard by 1.0 psi (and therefore to have an RVP of up to 10.0 psi).
The E15 partial waivers separately limit E15 to 9.0 psi RVP in the summer months (June 1 to
September 15),
Finally, EPA is denying a petition to establish regulations that would require gasoline retail
stations to make E10 available for vehicles, engines, and equipment not covered under the partial
waiver decisions. As the transition to E15 occurs, we will work with fuel producers, distributors,
and marketers to monitor the availability of E15, E10, and EO (pure gasoline) so that any poten-
tial availability problems in the marketplace can be anticipated and prevented.
Cost of Compliance of the Rule
The cost to industry to comply with the misfueling mitigation rule includes the periodic capital
costs of labeling fuel dispensers, the one-time capital and annual operating costs of the PTD
requirements, and the annual cost of the survey requirements. The total cost of all of the require-
ments is estimated at $3.64 million per year. We believe these costs will be offset by the avoided
costs to consumers of repairing engines, vehicles, and equipment not covered by the partial
waivers that would otherwise potentially be damaged by misfueling with El5,
For More Information
You can access the rule and related documents, including the waiver decisions, on the E15
website at:
www.epa.gov/otaq/regs/fuels/additive/e 15
For more information, please contact EPA's Fuels Program at:
U.S. Environmental Protection Agency
Office of Transportation and Air Quality (6405J)
1200 Pennsylvania Avenue NW
Washington, DC 20460
202-343-9755
E-mail: epafuelsprograms@epa.gov
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