USDA to EPA: What About Plan B on E15? USDA’s Censky Raises Possibility EPA Could Use Discretion on E15 Enforcement

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February 18, 2019

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by Todd Neeley (DTN The Progressive Farmer) As the EPA races the clock to complete a rule allowing year-round E15 sales ahead of the summer driving season, if the rule isn’t done by June 1, the agency may have to resort to a plan B, USDA’s second in command told reporters on Wednesday.

Following a speech to the ethanol industry at the National Ethanol Conference in Orlando, Florida, USDA Deputy Secretary Stephen Censky said his agency had approached EPA and suggested that, if the rule isn’t completed in time, EPA could use discretion in restricting E15 use come June 1.

“We really do need — and again EPA is still working hard and is very committed to getting a final rule in place and having that announced so that can be in place for the summer driving season to allow year-round sales of E15 — but in the event that they aren’t, I know that’s one of the things of using enforcement discretion or announcing that the EPA is not going to be forcing folks [to stop selling E15 in several states, and] that the retailers are not in danger of having enforcement actions taken against them,” Censky said.

Ethanol and gasoline are both low volatility. When the two fuels are mixed, the volatility spikes, but only at blends just below E10. As more ethanol is blended with gasoline, the vapor pressure decreases, which essentially means E15 reduces vapor pressure.

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The industry has contended that adding 5% more ethanol in the summer would actually reduce tailpipe emissions.

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“I think the exact nature of what that would take coming from EPA, that’s really EPA that would issue that,” he said. “But from a lot of the conversations we’ve had in the industry, a lot of the contracting for fuel begins around 30 days ahead of time. In our view, whether you have a final rule or you have some sort of announcement, that has to be coming around by May 1.” READ MORE

UPDATE 2-USDA official hopes year-round E15 gas approved soon, but sees fallback (Reuters)

Censky: US ethanol industry has a friend in USDA (Ethanol Producer Magazine)

EPA could waive E15 enforcement: USDA (Argus)

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