New York Legalizes E15—But Says No to Midlevel Blends

by Samantha Oller (CSP Daily News) New York has become the latest state to legalize the sale of E15. On Nov. 20, the New York Department of Agriculture and Markets finalized a rule that enables sales of the 15% ethanol/85% gasoline fuel blend. The state had made a previous, failed attempt to legalize E15 in 2016.

Emily Skor, CEO of ethanol industry group Growth Energy, Washington, D.C., hailed the development, which opens the fourth-largest fuel market in the United States to E15.

“Over the last five years, Growth Energy has worked continuously with state policymakers to bring higher-octane, lower-emissions biofuel blends to the nation’s fourth-largest fuel market,” Skor said. She said the decision supports the state’s commitment to achieve 100% greenhouse gas emissions reductions by 2050.

Summer 2019 sales of E15 were 46% higher than in summer 2018 on a per-store basis, according to Growth Energy’s analysis of figures provided by retailers who participate in the Prime the Pump initiative. Fuel retailers added the ethanol blend to 149 more sites this past summer. In October, American drivers topped 11 billion miles traveled on E15.

Midlevel Concerns

While state regulators opened the door to E15 in the long-awaited rule, they also proposed an amendment that would prohibit the sale of blends greater than 15% and lower than 51% ethanol by volume. This would shut the door on E25 and E30, which have growth potential as automakers increasingly introduce vehicles that require higher-octane gasoline.

“The department feels that allowing an unlimited number of blends may cause an undue disruption in the marketplace and wants to ensure that consumers have time to become accustomed to E15 and that the industry has time to research proper infrastructure for E15,” the rule stated. It instead proposes a “gradual introduction” of higher-ethanol blends.

While pleased with the E15 rule, the American Coalition for Ethanol (ACE), Sioux Falls, S.D., said the proposed prohibition of midlevel blend sales was problematic.

“We are disappointed New York appears to be following the footsteps of the Environmental Protection Agency in trying to restrict consumer access to midlevel ethanol blends,” said Brian Jennings, CEO of ACE, in a statement. “With nearly 1 million flexible-fuel vehicles on New York roads and approximately 100 stations equipped to offer midlevel blends along with E85, we are concerned the prohibition on blends between 16% and 50% ethanol by volume will take options away from retailers and consumers who could benefit from midlevel blends.” READ MORE

Excerpt from Ethanol Producer Magazine: A full copy of the notice of adoption is available on the New York State Register website. READ MORE