Regulation History of E15 Compliance
Survey Plans
What is E15?
E15, a blend of 15% ethanol and 85% gasoline by volume, may be sold in the United
States as a highway fuel, subject to certain conditions. The Environmental Protec-
tion Agency (EPA) granted two partial waivers that taken together allow but do not
require the introduction into commerce of gasoline that contains greater than 10
volume percent (vol%) ethanol and up to 15 vol% ethanol (E15). The waivers allow
for use of E15 in model year (MY) 2001 and newer light-duty motor vehicles but
require fuel pump labeling and other mitigation measures to prevent consumers from
using El5 in all other vehicles and engines. The waiver decisions were based on test
results provided by the U.S. Department of Energy (DOE) along with other test data
and information that showed use of El5 will not adversely affect emissions from 2001
and newer MY vehicles.
El5 may be lawfully sold by a fuel or fuel additive manufacturer only after the manu-
facturer has registered E15 and met the conditions of the partial waivers, which
include a misfueling mitigation plan for minimizing the potential for El5 to be used
in vehicles and engines not covered by the partial waivers. There are a number of
additional factors, including requirements under other federal, state, and local laws
that may also affect the distribution of El5.
Conditions of the E15 waivers
EPA placed two types of conditions on the waivers for El 5: (1) those to help prevent
misfueling of El 5 into vehicles, engines and equipment that may not use El 5; and (2)
those addressing fuel and ethanol quality. All conditions must be met before El 5 may be
introduced into commerce.
Fuel quality conditions:
^ Ethanol used for E15 must meet ASTM International D4806-10.
r" The Reid Vapor Pressure for E15 is limited to 9.0 psi during the summertime.
&EPA
United States
Environmental Protection
Agency
Office of Transportation and Air Quality
EPA-420-F-15-043
September 2015
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Misfueling mitigation conditions:
^ Fuel and fuel additive manufacturers subject to the waivers must submit to EPA a plan
(a misfueling mitigation plan (MMP)), for EPA's approval, and must fully implement
the EPA-approved MMP prior to introduction of the fuel or fuel additive into commerce
as appropriate. The MMP must include provisions that will implement all reasonable
precautions for ensuring that the fuel or fuel additive is only introduced into commerce
for use in MY2007 and newer motor vehicles. Reasonable precautions in an MMP must
include, but are not limited to, the following conditions:
• Labels must be placed on E15 retail dispensers indicating that E15 use is only for
MY2001 and newer motor vehicles;
• Product Transfer Documents (PTDs) must accompany all transfers of fuels for
E15 use;
• Parties involved in the manufacture of El 5 must participate in a survey of compliance
at fuel retail dispensing facilities; and
• Any other reasonable measures EPA determines are appropriate.
On June 23, 2011, EPA finalized regulations to help prevent misfueling of vehicles, engines and
equipment not covered by the partial waiver decisions. These regulations require all E15 fuel
dispensers to have a label, shown below, that informs consumers about what vehicles can, and
what vehicles and equipment cannot, use E15. The rule prohibits the use of gasoline contain'
ing more than 10 vol% ethanol in any vehicle, engine, or type of equipment that is not covered
by the waiver. The rule also requires PTDs specifying ethanol content and Reid Vapor Pressure
(RVP) to accompany the transfer of gasoline blended with ethanol and a survey of retail stations
to help ensure compliance with labeling and ethanol content requirements.
Approval of the model misfueling mitigation plan
On March 2, 2012, the Renewable Fuels Association (RFA) submitted the "Renewable Fuels
Association Model E15 Misfueling Mitigation Plan" to EPA for review. RFA developed the
March 2, 2012 Model Plan to help fuel and fuel additive manufacturers meet the misfueling
mitigation conditions of the partial waivers. On March 15, 2012, EPA sent RFA a letter inform'
ing RFA that the March 2, 2012 Model Plan would generally be sufficient to satisfy the partial
waivers' requirements for an MMP. EPA also noted that any company that wishes to use the
March 2, 2012 Model Plan must notify EPA in writing that the company seeks approval of the
Model Plan for the company's use in meeting the waiver requirements for an MMP. EPA indi'
cated that it may seek additional information and/or misfueling mitigation measures as needed
from companies requesting to use the Model Plan.
Because the March 2, 2012 Model Plan does not spell out the specific elements of a survey plan,
companies that use the Model Plan must submit a survey plan for EPA approval and cannot
introduce El5 into commerce until EPA has approved the survey plan and the plan has been
implemented.
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The RFG Survey Association (RFGSA) submits the annual E15 Compliance Survey Plan for
EPA approval on behalf of companies that wish to introduce E15 into commerce. The RFGSA
plan provides for a survey of industry compliance with E15-related requirements, including
pump labeling and fuel specifications. It is similar in many respects to surveys conducted for
other fuel regulatory programs. With EPA's approval of the RFGSA annual survey plan, every
company that enrolls in the RFGSA plan meets the waiver condition for a survey plan for the
year for which the survey is submitted and approved and the company is enrolled. (Under the
E15 Misfueling Mitigation Rule, survey plans are submitted for approval each year for the fol-
lowing year.) Any company or group of companies may develop and submit a different survey
plan for EPA approval, if the company or group so chooses.
Full implementation of an EPA-approved survey plan is a further condition of the El5 partial
waivers. Failure to fully implement an approved plan means the El5 introduced into commerce
by the plan's submitter(s) or enrollee(s) is not covered by the partial waivers.
Fuel and fuel additive manufacturers that enroll in RFGSAs El5 Compliance Survey program
must also register their E15 or ethanol for use in making E15 before introducing E15 into
commerce.
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