E15 Gasoline: Legal Landscape And Recent Legislative Updates

The EPA establishes a national standard for gasoline volatility (Reid vapor pressure, or RVP) via section 211(h) of the Clean Air Act to reduce emissions of volatile organic compounds. While E10 gasoline (10% ethanol) is widely available year-round in the United States courtesy of an RVP allowance, E15 (15% ethanol) has faced seasonal restrictions from June 1 to September 15 due to RVP gasoline volatility limits. Recent legislative and regulatory developments at the state and federal levels signal impending ethanol changes for consumers and the energy industry.

Overview and Regulatory Background

The large-scale use of ethanol in gasoline, which is typically derived from corn, began in the United States in the 1970s, spurred by oil embargoes and the phase-out of lead additives. In 1978, the U.S. Environmental Protection Agency (EPA) granted a Clean Air Act waiver that permitted the use of E10 gasoline, also known as gasohol, which is a blend of 10% ethanol and