Regulation History of the E15 Partial
Waivers Under the Clean Air Act
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In order to protect the emission control systems of vehicles and
engines, the Clean Air Act prohibits the introduction into commerce
of fuels or fuel additives that are not substantially similar to the fuels
or fuel additives used in certifying vehicles and engines to emission
standards. However, the Clean Air Act authorizes EPA to grant a
waiver of this prohibition if it can be demonstrated that the vehicles
and engines using the otherwise prohibited fuel or fuel additive will
continue to meet their emission standards over their "full useful life"
(e.g., 100,000 or 120,000 miles for light-duty motor vehicles, depend-
ing on the vehicle type and model year).
In March 2009, Growth Energy (a coalition of U.S. ethanol supporters) and 54
ethanol manufacturers applied for a waiver to increase the allowable amount of
ethanol in gasoline from E10 to E15. The waiver application included data on the
impact of E15 on vehicle emissions, fuel system materials, and drivability. Additional
data were developed by DOE, which in 2008 began testing for potential impacts of
various ethanol-gasoline blends on the emission control systems of MY2007 and
newer light-duty motor vehicles. This testing followed enactment of the Energy
		Independence and Security Act of 2007 (EISA), which calls for significantly increas-
r	ing the amount of biofuels, such as ethanol, to be used in transportation fuel.
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On October 13, 2010, based in large part on DOE test data, EPA partially granted
Growth Energy's waiver request. This partial waiver allows fuel and fuel additive
manufacturers to introduce El5 into commerce for use in MY2007 and newer light -
duty motor vehicles, subject to certain conditions. EPA denied the waiver for E15 use
in MY2000 and older light-duty motor vehicles, and all heavy-duty gasoline engines
and vehicles (e.g., delivery trucks), highway and off-highway motorcycles, and non-
road engines, vehicles, and equipment (e.g., boats, snowmobiles, and lawnmowers)
due to insufficient test data or other information to support a waiver for these
vehicles and engines.
United States
Environmental Protection
Agency
Office of Transportation and Air Quality
EPA-420-F-15-044
September 2015

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On January 21, 2011, after additional DOE test data were made available to the public, EPA
took further action on Growth Energy's waiver request application by partially approving the
waiver to allow the introduction into commerce of E15 for use in MY2001-2006 light-duty
motor vehicles, subject to the same conditions that apply to the partial waiver decision for
MY2007 and newer light-duty motor vehicles. Taken together, the two waiver decisions allow
the introduction into commerce of E15 for use in MY2001 and newer light-duty motor vehicles
if the waiver conditions are met.
On February 27, 2012, EPA issued a memorandum concerning a minor technical error related
to one of the DOE test vehicles from MY2001-2006. The error stemmed from a manufacturer's
mislabeling of the test vehicle model and had no material impact on the January 2011 waiver
decision.
EPA placed two types of conditions on the waivers for El5: (1) those to help prevent misfueling
of E15 into vehicles, engines and equipment that may not use E15; and (2) those addressing fuel
and ethanol quality. All conditions must be met before El5 may be introduced into commerce.
Fuel quality conditions:
r- Ethanol used for E15 must meet ASTM International D4806-10.
k The Reid Vapor Pressure for E15 is limited to 9.0 psi during the summertime.
Misfueling mitigation conditions:
r 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.

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