Reaching the E15 Summit: Getting the Waiver Was Easy, Compared to the Work Required to Fulfill Requirements for E15 Implementation

by Kris Bevill (Ethanol Producer Magazine) ...The industry believed it had the scientific backing to support the use of higher ethanol blends in all vehicles and said allowing higher blends into the market would create jobs, lessen dependence on foreign oil and improve the environment through reduced greenhouse gas emissions. The EPA proceeded to require thorough testing of the fuel through the U.S. DOE and after nearly two years of testing and analysis, the agency agreed that E15 would be an acceptable fuel for vehicle model years 2001 and newer.

Many thought the fuel waiver approval represented the end of a long battle to introduce higher ethanol blends to consumers and hailed the approval as a victory for the ethanol industry. It was clearly a victory, but looming in the distance was the even greater challenge of clearing the regulatory hurdles necessary to bring the fuel to market.

...As the past year has shown, for industry representatives working on the task, bringing E15 to the market represents the regulatory effort of scaling Mount Everest.

...(T)he industry must meet or beat a host of requirements and, in some cases, essentially rewrite fuel regulations.

...Their to-do list is long and complicated. Included on that list: completing fuel registration with the EPA, acquiring an extension of a waiver for Reid Vapor Pressure regulations, ensuring that dispensing and storage equipment complies with fire code specifications, and addressing possible concerns related to automaker warranties.

...The Clean Air Act requires all fuel manufacturers and fuel additive manufacturers to register their products with the EPA administrator before making them commercially available. E15 falls under the fuel additive category, which requires manufacturers to supply the EPA with information related to the chemical composition of the additive or to disclose the chemical process of manufacture. The manufacturer is also required to supply the description of an analytical technique that can be used to detect the presence of the additive in fuel and must submit all test data and other information required prior to the registration process.

...The ethanol industry considers UL’s decision to be subjective and points to E85 as an example of UL’s sometimes unsubstantiated decisions.

...The most complicated technical aspect of E15 implementation is the issue surrounding Reid vapor pressure (RVP) requirements. ...The EPA currently allows fuel blends containing 9 to 10 percent ethanol to exceed the 9.0 psi RVP by 1 pound from June 1 to Sept. 15. However, the agency decided not to grant the same waiver for E15, which means refineries will not be able to use the same gasoline blendstock for E15 in some parts of the country. This creates major issues for both refiners and the ethanol industry. Refineries would need to install separate tanks for storing E10 and E15 blendstocks during the summer months, which would reduce the potential for refineries to use both blends.

...Auto groups and retail gasoline station groups have repeatedly expressed concern over the lack of mention of E15 in vehicle warranties and said that because of this, consumers would be liable for any potential damage to their vehicle if they use E15.

...In the event of a warranty issue, the responsibility falls to the warranty issuer to prove that ethanol, specifically E15, was the cause of the problem. (James) Pray(chair of the environmental law practice group at Brown Winick) says that in order for a car dealer to use E15 as a reason to deny a warranty claim, an expert must be able to testify “to a reasonable degree of scientific certainty” that there is no other plausible cause.

...States also require a fuel’s octane to be certified and existing standards do not address octane levels for fuels containing more than 10 percent ethanol. Research is being conducted to explore the octane levels of higher ethanol blends. Some industry members believe that the higher octane level of ethanol could be utilized to improve vehicle performance, but details from an ASTM investigation as well as other independent testing was not publicly available by late November.

...(A) simultaneous effort is being made by industry members to ensure that consumers will be friendly to the fuel once it hits the market.

...As (Robert) White (director of market development for the RFA) points out, blender pumps provide a way for retailers to offer E15 without having to carry out expensive infrastructure overhauls. “All you need is a $20,000 blender pump, not a six figure upgrade,” he says. READ MORE and MORE (DomesticFuel.com) and MORE (DomesticFuel.com)