b'Rules & RegulationsMarketer Information EPA PROPOSES NEW RULEDesigned to Widen the Market for E15While Increasing Risks for Energy MarketersW Proposed ChangesWashington, D.C. - The EPA issued a notice of proposed rulemaking (NPRM) on January 19, 2021, during the lastto E15 Labelday of the Trump Administration, designed to dramaticallyThe NPRM solicited comments on broaden retail market share and availability of E15 gasolinewhether the E15 dispenser label blends. The NPRM proposes major changes to both the E15should be modified or eliminated label required for wholesale and retail dispensers and E15altogether. The EPA cites stakeholder compatibility requirements for UST system components. Theserequests (largely by the ethanol changes would have a major impact on energy marketersindustry) and the turnover of model regardless of whether or not they sell or intend to sell gasolineyear 2000 and older vehicles as the blended with 15% ethanol.reason the agency is considering Current E15 Dispenser Label Requirements review of E15 label requirements.Mark S. Morgan, Esq The first significant change proposed by the EPA involves theThe ethanol industry claims the cur- Energy MarketersE15 label currently required for all dispensers selling gasolinerent label is no longer necessary andof America (EMA)blended with 15% alcohol. The current E15 label is the resultinterferes with continued growth ofRegulatory Counselof a 2010 EPA rule providing a partial waiver for E15 fromE15 in the market place because it the requirements of section 211(f)(4) of the Clean Air Act. Thewarns off potential customers. The partial waiver allowed the use of E15 in model year 2001 andethanol industry is requesting elimination of the labelnewer light duty motor vehicles, but only between Septemberaltogether or changes to its color and wording in order15th and May 1 when evaporative emissions from gasolinenot to scare off consumers at the pump. dispensers are minimal. The partial waiver also prohibits theThe EPA proposed the following changes to the E15 label:use of E15 in heavy duty vehicles and engines, motorcycles Removing the word Attentionand all non-road gasoline powered products including motor Removing the phrase E15 but, retaining containsboats, generators and power tools because doing so could void warranties, cause engine and emission system failure in theseup to 15 % percent ethanolvehicles and other gasoline powered equipment. To implement Replacing the language Use only in to Safe for use inthe E15 prohibition, EPA promulgated a series of misfueling Replacing the language Dont use in to Avoid use in Removing the bold and italicized format from the word mitigation measures, one of which requires the unique dis-penser label used today. The current label is designed to alertprohibited Add motorcycles to the list of vehicles and engines consumers to the appropriate and lawful use of E15 blends. The dispenser label is essential in order to reduce the riskin which E15 is prohibited Add the word or between 2001 and newer passenger of retailer liability for consumer misfueling, particularlywhere E15 is mislabeled on street signs as unleaded 88. vehicles and Flex fuel vehicles Change label color to blue header with white text andFor this reason, EMA worked closely with the EPA and the Federal Trade Commission (FTC) on the design, placementwhite body with black text.and wording of the E15 dispenser labels.In the alternative, the EPA asked for comments on theelimination of the E15 label altogether. This would alsorequire elimination of the E15 survey since it is used toverify that dispensers are labeled according to EPAregulatory requirements. Elimination of the label is anon-starter for energy marketers because it would exposethem to significant liability for consumer misfueling.Current UST Compatibility RequirementsEPA regulations require that all UST systems be compat-ible with the product they hold. When E10 was the highest allowable ethanol blend allowed on the market, compatibility demonstrations did not pose a significant concern for energy marketers because most UST components (except certain fiberglass tanks) were already certified by manufacturers for blends up to E10. However, proving E15 compatibility for existing E10 equipment, other than the tank itself, is oftencontinued on page 52WPMA News / Summer 20217'