Waiver for E15 Fuel Blends Working Group Update
In April 2022, eight Midwest Governors requested that EPA promulgate regulations allowing for e-15 blended fuel. Specifically, the coalition of Midwest States is seeking a long-term solution to the issue of increasing the percentage of ethanol blended into fuels for the upcoming ozone control season and beyond.
The eight Midwest Governors requested that EPA take more long-term action to promulgate a regulation applying to the Reid vapor pressure (RPV) limitation for future summer ozone control seasons. The Governors stated, that “[w]hile this emergency RVP waiver will deliver economic relief and energy security benefits in the near term, a permanent solution allowing the year-round sale of E15 is also needed for long-term certainty.” The Governors accordingly notified EPA pursuant to 211(h)(5) of the Clean Air Act (CAA), that the RVP limitation established by Section 211(h)(4) increases emissions that contribute to air pollution in their collective states.
The Governors therefore respectfully requested that EPA initiate a formal rulemaking process to issue a new regulation applying the RVP limitation established by Section 211(h)(1) of the CAA to all fuel blends containing gasoline and 10 percent ethanol that are sold, offered for sale, dispensed, supplied, offered for supply, transported, or introduced into commerce in Iowa, Nebraska, Ohio, Illinois, Kansas, Minnesota, North Dakota, South Dakota, and Wisconsin beginning with the 2023 summer ozone control season. Given the significant impact this future regulation might have on the liquid terminal industry, ILTA convened its members for a virtual briefing on the issue from the EPA Fuels Division on August 31.
Since the ILTA briefing with EPA, several entities have filed legal challenges to the waiver. ILTA will continue monitoring this issue as its members have identified this issue as a significant operational concern. ILTA will be scheduling a meeting with the E15 Working Group to look at how to support its members on this issue.