Industry Challenges U.S. EPA's Partial Clean Air Act Waiver for E15 Gasoline

The Climate Report - Winter 2011

On November 4, 2010, U.S. EPA partially granted ethanol producers' request for a Clean Air Act waiver allowing use of gasoline containing up to 15 percent ethanol by volume, known as "E15." While the application sought a waiver for use of E15 across the board, EPA granted the waiver only with respect to model year 2007 and newer light-duty motor vehicles, because those vehicles have more sophisticated emissions control systems. In addition, EPA's testing showed that when used with E15, emissions deterioration rates over the useful life of the vehicles were not significantly different than when used with gasoline containing no ethanol. EPA rejected the waiver with regard to model year 2000 and older light-duty motor vehicles, heavy-duty motor vehicles, motorcycles, and non-road products, because such vehicles and products have less sophisticated emissions control systems that may not meet emissions standards if used with E15.