Sensenbrenner Seeks to Delay E15

Wisconsin Congressman Jim Sensenbrenner is leading a two front attack on the EPA’s registration of E15 fuel. Sensenbrenner has introduced legislation requiring more studies and higher standards and has also asked the EPA to delay any action on E15.

In response to a request by Growth Energy and 54 ethanol manufacturers under the Clean Air Act, the U.S. Environmental Protection 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) for use in model year (MY) 2001 and newer light-duty motor vehicles, subject to certain conditions.

On October 13, 2010, the EPA granted the first partial waiver for E15 for use in MY2007 and newer light-duty motor vehicle. On January 21, 2011, the EPA granted the second partial waiver for E15 for use in MY2001-2006 light-duty motor vehicles. These decisions were based on test results provided by the U.S. Department of Energy (DOE) and other test data and information regarding the potential effect of E15 on vehicle emissions.

The EPA placed two types of conditions on the waiver for E15: those to help prevent misfueling of E15 into vehicles, engines and equipment that may not use E15 and those addressing fuel and ethanol quality. All conditions must be met before E15 may be introduced into commerce.

Fuel quality conditions:

• Ethanol used for E15 must meet ASTM International D4806-10.
• The Reid Vapor Pressure for E15 is limited to 9.0 psi during the summertime.

Misfueling mitigation 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 E15 must participate in a survey of compliance at fuel retail dispensing facilities to ensure proper labeling of dispensers.
• Parties must submit a plan addressing conditions to the EPA for approval.

Despite the EPA’s conditions, there is concern that the introduction of E15 could damage engines and reduce fuel efficiency. Wisconsin Congressman Jim Sensenbrenner, who serves as vice chairman of the House Energy & Environment subcommittee, has introduced two bills and written a letter to the EPA seeking to delay the EPA’s registration of E15.

The same day the second partial waiver was granted,  Sensenbrenner introduced H.R. 3199, which would require an independent scientific analysis to be conducted on the implications of E15 use in vehicle, marine and small engines. The bill states that government and industry testing suggests E15 use poses potential negative effects on the environment and vehicle performance and the EPA’s decision to allow E15 use was based on only one study, which violates the agency’s scientific integrity principles.

On November 15th, Sensenbrenner introduced H.R. 3431, which would amend the CAA to prohibit the EPA from granting a waiver for any fuel or fuel additive that would reduce fuel efficiency or cause or contribute to engine damage. Two days latter, Sensenbrenner led a bipartisan group of 33 House members in sending a letter to EPA Administrator Lisa Jackson asking that the agency delay registration of E15 until adequate testing is conducted to show the fuel will not damage engines or lead to misfueling.

This post was authored by GLLF staff attorney Emily Kelchen.