EPA Likely to OK 15-Percent Ethanol Blend Next Summer

12/03/2009

The Environmental Protection Agency (EPA) Tuesday took the cautious approach and said it will not make a decision on the request to allow up to 15 percent ethanol in the nation's fuel supply until next summer. But EPA officials briefing different groups about the matter, and in a letter to industry officials, signaled it is poised to announce an increase. The EPA said it expects to make a final determination in mid-2010 regarding whether to increase the allowable ethanol content in fuel.

 

In a letter sent to Growth Energy (the group who made the request in March 2009), the agency said that while not all tests have been completed, the results of two tests indicate that engines in newer cars likely can handle an ethanol blend higher than the current 10 percent limit. The agency will decide whether to raise the blending limit when more testing data is available. The EPA also announced it has begun the process to craft the labeling requirements that will be necessary if the blending limit is raised.

 

Under the Clean Air Act, the EPA was required to respond to the waiver request by Dec. 1, 2009. The EPA has been evaluating the group’s request and has received a broad range of public comments as part of the administrative rulemaking process. The EPA and the Department of Energy also undertook several studies to determine whether cars could handle higher ethanol blends. Testing has been proceeding as quickly as possible given the available testing facilities.

 

In the letter to Growth Energy co-chairs General Wesley Clark and Jeff Broin, EPA's Gina McCarthy (the assistant administrator in the Office of Air and Radiation) said: "It is vitally important that the country increase the use of renewable fuels. To meet that goal, EPA is working to implement the long-term renewable fuels mandate of 36 billion gallons by 2022. To achieve the renewable fuel requirements in future years, it is clear that ethanol will need to be blended into gasoline at levels greater than the current limit of 10%. To help address this so-called 'blend wall' issue, EPA has been evaluating the request from Growth Energy to allow for the use of up to 15% ethanol in gasoline (E15). As we have seen in the range of comments from stakeholders…a common theme we heard…is that the federal government and other stakeholders are looking to have a successful, long-term introduction of more renewable fuels into the transportation sector.

 

Based on EPA's remarks, the agency likely will approve the increase to 15 percent next summer, perhaps for use only in cars of the 2001 model year and later. Also, the EPA's approach to wait until more analysis is completed avoids, for now, expected court challenges absent completion of the Department of Energy testing. The EPA clearly took the easy way out, effectively punting their decision into mid-2010 or later, using the DOE studies as their reason for this delay. But one thing is now more known is that the EPA will not likely go the E12 route but, instead, will approve E15 for stated engines/vehicles.

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