{ "id": "IN10979", "type": "CRS Insight", "typeId": "IN", "number": "IN10979", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "Year-Round Sale of E15", "retrieved": "2024-05-24T04:03:26.654133", "id": "IN10979_11_2024-04-23", "formats": [ { "filename": "files/2024-04-23_IN10979_65768224dc8b6f957d7e77cda55edda26bb96ac5.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/IN/IN10979/11", "sha1": "65768224dc8b6f957d7e77cda55edda26bb96ac5" }, { "format": "HTML", "filename": "files/2024-04-23_IN10979_65768224dc8b6f957d7e77cda55edda26bb96ac5.html" } ], "date": "2024-04-23", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "IN", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=IN10979", "type": "CRS Insight" }, { "source_dir": "crsreports.congress.gov", "title": "Year-Round Sale of E15", "retrieved": "2024-05-24T04:03:26.652933", "id": "IN10979_7_2023-11-07", "formats": [ { "filename": "files/2023-11-07_IN10979_9a9d0322ab80f97ccc14457805f64ebd7a12665f.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/IN/IN10979/7", "sha1": "9a9d0322ab80f97ccc14457805f64ebd7a12665f" }, { "format": "HTML", "filename": "files/2023-11-07_IN10979_9a9d0322ab80f97ccc14457805f64ebd7a12665f.html" } ], "date": "2023-11-07", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "IN", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=IN10979", "type": "CRS Insight" }, { "source_dir": "crsreports.congress.gov", "title": "Year-Round Sale of E15", "retrieved": "2024-05-24T04:03:26.651478", "id": "IN10979_5_2022-04-21", "formats": [ { "filename": "files/2022-04-21_IN10979_4914410a5ac2521a81f92e7731aba053808a2d76.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/IN/IN10979/5", "sha1": "4914410a5ac2521a81f92e7731aba053808a2d76" }, { "format": "HTML", "filename": "files/2022-04-21_IN10979_4914410a5ac2521a81f92e7731aba053808a2d76.html" } ], "date": "2022-04-21", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "IN", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=IN10979", "type": "CRS Insight" }, { "source": "EveryCRSReport.com", "id": 600738, "date": "2019-06-20", "retrieved": "2019-12-20T18:11:38.364390", "title": "Year-Round Sale of E15", "summary": "Within Congress, interest and concern continues in the year-round sale of E15\u2014a fuel blend of 15% ethanol and 85% gasoline. Until this year E15 generally could not be sold during summer months because it did not meet the Reid Vapor Pressure (RVP) requirements, which limit fuel volatility under the Clean Air Act (CAA), for the summer ozone season (June 1-September 15). On May 30th, the U.S. Environmental Protection Agency (EPA) promulgated a final rule allowing year-round E15 sales. A potential issue for Congress is if EPA should have the authority to interpret the CAA as it did to make such a change, or if Congress chooses to stipulate how E15 will be treated under the CAA.\nClean Air Act RVP Requirements\nThe Clean Air Act authorizes the EPA Administrator to regulate fuels and fuel additives. Among other pollutants, the CAA regulates ground-level ozone (\u201csmog\u201d), which negatively impacts human health among other environmental effects. One of the requirements to reduce smog is a limit on gasoline volatility because volatile compounds evaporate and contribute to smog formation. RVP is a common metric of gasoline volatility; the lower the RVP, the less volatile the gasoline. RVP requirements in \u00a7211(h) of the CAA\u2014which apply to the 48 contiguous states and the District of Columbia\u2014generally prohibit the sale of gasoline with an RVP greater than 9 pounds per square inch (psi) during the high ozone season (i.e., the summer months). The act provides some exceptions, including a waiver\u2014the \u201cone pound waiver\u201d\u2014stipulating that ethanol-gasoline fuel blends containing 10% ethanol (E10) are subject to a 10 psi RVP limit, given certain conditions. Further, the act provides exclusions from the waiver such that, upon notification by a governor that the RVP limit granted for E10 will increase air pollutant emissions in that state, the Administrator must revert to the 9 psi limit for that area. In some areas of the country, generally based on nonattainment for ozone, more stringent RVP limits apply (e.g., 7.0 or 7.8 psi RVP for conventional gasoline), with the one pound waiver added on.\nAuthority to Lift the E15 Summer Months Restriction\nAt issue is whether EPA has the authority to grant E15 the one pound waiver that allows for the year-round sale of E15. On at least two occasions, EPA reported that it lacks the authority to include blends with over 10% ethanol in the one pound waiver. EPA stated in a July 2011 E15 Misfueling Mitigation Final Rule that \u201c... section 211(h)(4) of the CAA and this legislative history supports EPA\u2019s interpretation, adopted in the 1991 rulemaking, that the 1 psi waiver only applies to gasoline blends containing 9\u201310 [% by volume] ethanol.\u201d However, in May 2017, the EPA Administrator stated that EPA was undertaking a statutory analysis of the RVP waiver for inclusion of E15. In the 2019 final rule, EPA reports that it has the authority to extend the waiver to E15. \nFederal Agency Actions\nUnder the final rule EPA is to generally allow E15 to be sold year-round, among other provisions. In short, to do this, EPA modified its interpretation of CAA Sec. 211(h)(4) to interpret \u201ccontaining\u201d to mean \u201ccontaining at least\u201d 10% ethanol. This modification establishes a lower limit for ethanol content eligible for the one pound waiver instead of an upper limit. EPA also reports that E15 is \u201csubstantially similar\u201d to E10 allowing E15 with an RVP of 10 psi to be introduced into commerce during the summer. EPA states it is removing certain limitations on the volatility of E15 promulgated in the E15 Misfueling Mitigation Rule, among other things. \nLegislative Action\nMultiple bills in the 116th Congress address E15, although they are not directly associated with RVP and year-round sales of E15. For example, H.R. 1024 addresses labeling requirements for fuel pumps that dispense E15. H.R. 104 would prohibit the sale of gasoline that contains greater than 10% ethanol and would repeal the waivers granted to E15. Legislation introduced in the 115th Congress (H.R. 1311, S. 517) would have given ethanol-gasoline fuel blends containing over 10% ethanol (e.g., E15) a waiver from the CAA RVP limits. \nLegislative Issues and Options\nStakeholders have varying perspectives on EPA\u2019s 2019 decision to allow the year-round sale of E15. The renewable fuel industry generally agrees with EPA\u2019s decision, while the petroleum industry and many environmentalists disagree. Some in the renewable fuel industry believe E15 will enhance competition and will help to strengthen the rural economy. Some in the oil and natural gas industry do not favor year-round sales of E15 due to concerns about vehicle performance and legal concerns, among other considerations. The American Fuel and Petrochemical Manufacturers filed a petition for review of the rule with the U.S. Court of Appeals for the D.C. Circuit. \nCongress could consider whether to leave the CAA as is, to amend RVP requirements under the CAA to include higher ethanol-gasoline fuel blends, or to underscore that E15 is not to receive an exemption from the RVP requirements. To inform this decision, Congress may consider how year-round E15 sales might affect other federal programs (e.g., Renewable Fuel Standard) and associated stakeholders, such as the petroleum industry, environmental organizations, and the advanced and conventional biofuel industries. \n\n(Portions of this CRS Insight are sourced from CRS Insight IN10703, Reid Vapor Pressure Requirements for Ethanol, issued on May 18, 2017, available to congressional clients upon request from the author.)", "type": "CRS Insight", "typeId": "INSIGHTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/IN10979", "sha1": "ebca6634ed83b189776b7ad800e8148137053b72", "filename": "files/20190620_IN10979_ebca6634ed83b189776b7ad800e8148137053b72.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/IN10979", "sha1": "7e0f45e88aecd23e1f18c7b5f3e47a1aa1017e5b", "filename": "files/20190620_IN10979_7e0f45e88aecd23e1f18c7b5f3e47a1aa1017e5b.pdf", "images": {} } ], "topics": [] }, { "source": "EveryCRSReport.com", "id": 594868, "date": "2019-03-25", "retrieved": "2019-04-17T13:54:57.328029", "title": "Year-Round Sale of E15", "summary": "Interest continues in the year-round sale of E15\u2014generally described as an ethanol-gasoline fuel blend of 15% ethanol and 85% gasoline\u2014among some Members of Congress. At present, E15 generally cannot be sold during summer months because it does not meet the Reid Vapor Pressure (RVP) requirements, which limit fuel volatility, under the Clean Air Act (CAA) for the summer ozone season (generally June 1-September 15). Recently, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would allow higher-volatility summertime E15 (in line with an existing exemption for 10% ethanol-gasoline fuel blends), among other provisions, thus allowing year-round E15 sales. However, it is not clear if EPA has the authority to grant the exemption. At issue for Congress is whether to leave the CAA as is, amend the CAA to exempt higher ethanol-gasoline fuel blends from the RVP requirements, or to make clear that E15 is not to receive an exemption from the RVP requirements. To inform this decision, Congress is also considering how year-round E15 sales might affect other federal programs (e.g., Renewable Fuel Standard) and associated stakeholders, such as the petroleum industry and the advanced biofuel industry. \nClean Air Act RVP Requirements\nThe CAA authorizes the EPA Administrator to regulate fuels and fuel additives. Among other pollutants, the CAA regulates ground-level ozone (\u201csmog\u201d). One of the requirements to reduce the formation of smog is a limit on gasoline volatility (volatile compounds evaporate and contribute to smog formation). RVP is a common metric used to determine gasoline volatility; the lower the RVP, the less volatile the gasoline. RVP requirements (in \u00a7211(h) of the CAA)\u2014which apply to the 48 contiguous states and the District of Columbia\u2014generally prohibit the sale of gasoline with an RVP greater than 9 pounds per square inch (psi) during the high ozone season (i.e., the summer months). The act provides some exceptions, including a waiver\u2014the \u201c1 lb waiver\u201d\u2014stipulating that ethanol-gasoline fuel blends containing 10% ethanol (E10) are subject to a 10 psi RVP limit, given certain conditions. Further, the act provides exclusions from the waiver such that, upon notification by a governor that the RVP limit granted for E10 will increase air pollutant emissions in that state, the Administrator must revert to the 9 psi limit for that area. In some areas of the country, generally based on nonattainment for ozone, more stringent RVP limits apply (e.g., 7.0 or 7.8 psi RVP for conventional gasoline), with the 1 pound waiver added on.\nAuthority to Lift the E15 Summer Months Restriction\nOn at least two occasions, EPA reported that it does not have the authority to include blends with an ethanol content greater than 10% in the 1 pound waiver. EPA reported in a July 2011 E15 Misfueling Mitigation Final Rule that \u201cIn sum, the text of section 211(h)(4) of the CAA and this legislative history supports EPA\u2019s interpretation, adopted in the 1991 rulemaking, that the 1 psi waiver only applies to gasoline blends containing 9\u201310 vol% ethanol.\u201d However, in May 2017, EPA reported that it was undertaking a statutory analysis of the RVP waiver for inclusion of E15. In the current proposal, EPA states that they have the authority to extend the waiver to E15. Further, several rulemakings by EPA may indirectly address the RVP requirements. These rulemakings include the 2016 renewables enhancement and growth support proposed rule, which would control evaporative emissions from higher-level ethanol blends, and the current rule for National Ambient Air Quality Standards for ozone, which may prompt states to tighten requirements on evaporative emissions in ozone nonattainment areas. \nFederal Agency Actions\nOn March 12, 2019, EPA issued a proposed rule that would allow E15 to be sold year-round, among other provisions. In short, to do this, EPA proposes three things:\nmodify EPA\u2019s interpretation of Section 211(h)(4) of the CAA to interpret \u201ccontaining\u201d to mean \u201ccontaining at least,\u201d thereby establishing a lower limit of the ethanol content that may receive a 1 pound waiver instead of an upper limit;\nissue a regulation that would modify certain parts of an existing EPA regulation that addressed the volatility of E15 in the E15 Misfueling Mitigation Rule (MMR), in part, to revise the interpretation of Section 211(h)(4) of the CAA in the MMR; and \nclarify EPA\u2019s interpretation of Section 211(f) of the CAA \u201cto ensure that E15 with an RVP of 10 psi can be introduced into commerce.\u201d\nEPA asserts that these actions would subject E15 to the same volatility standards that apply to E10. The deadline for public comment is April 29. EPA reports it should be able to meet its deadline to have the rule in place before the summer driving season. \nLegislative Action\nIn the 116th Congress, one bill relates to E15: H.R. 1024 addresses labeling requirements for fuel pumps that dispense E15. Legislation was introduced in the 115th Congress (H.R. 1311, S. 517) that would have given ethanol-gasoline fuel blends containing greater than 10% ethanol (e.g., E15) a waiver from the CAA RVP limits. \nLegislative Issues and Options\nCongress could consider whether to leave the CAA as is, to amend RVP requirements under the CAA to include higher ethanol-gasoline fuel blends, or to underscore that E15 is not to receive an exemption from the RVP requirements. Amending the CAA to allow E15\u2014as some stakeholders have supported\u2014could increase demand for ethanol production, which may lead to additional economic development for the agricultural sector. However, it is not clear that an amendment would lead to increased E15 demand due to infrastructure constraints and consumer choice, among other issues. Further, it is not clear if such a change would impact other aims of the Renewable Fuel Standard (RFS) statute: including greenhouse gas emission reduction, energy security, etc. Some in the oil and natural gas industry do not favor the proposed RVP change due to concerns about vehicle performance and legal concerns, among other considerations. Some in the renewable fuel industry support a swift implementation of the proposed RVP change.\nPortions of this CRS Insight are sourced from CRS Insight IN10703, Reid Vapor Pressure Requirements for Ethanol, issued on May 18, 2017, available to congressional clients upon request from the author.", "type": "CRS Insight", "typeId": "INSIGHTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/IN10979", "sha1": "822ae94b556ef7d6f0885d848cfdf0b019cd1205", "filename": "files/20190325_IN10979_822ae94b556ef7d6f0885d848cfdf0b019cd1205.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/IN10979", "sha1": "db5fbcbd86be4925724b529eb55b07c1436bcdef", "filename": "files/20190325_IN10979_db5fbcbd86be4925724b529eb55b07c1436bcdef.pdf", "images": {} } ], "topics": [] }, { "source": "EveryCRSReport.com", "id": 586271, "date": "2018-10-11", "retrieved": "2018-10-12T13:16:49.042784", "title": "Year-Round Sale of E15", "summary": "Because of recent actions by the Trump Administration and other factors, congressional interest has grown concerning the year-round sale of E15\u2014an ethanol-gasoline fuel blend of 15% ethanol and 85% gasoline. At present, E15 cannot be sold during summer months because it does not meet the Reid Vapor Pressure (RVP) requirements under the Clean Air Act (CAA) for the summer ozone season (generally June 1-September 15). Recently, it has been reported that the Trump Administration directed the U.S. Environmental Protection Agency (EPA) to lift the summertime restriction, thus allowing year-round E15 sales. It is not clear if EPA has the authority to lift the restriction. At issue for Congress is whether to leave the CAA as is or to amend it to exempt higher ethanol-gasoline fuel blends from the RVP requirements, and how year-round E15 sales might affect both federal programs (e.g., Renewable Fuel Standard) and associated stakeholders (e.g., the petroleum industry, environmental organizations, and the advanced biofuel industry). \nRVP Requirements Under the Clean Air Act\nThe CAA authorizes the EPA Administrator to regulate fuels and fuel additives. Among other pollutants, the CAA regulates ground-level ozone (\u201csmog\u201d). One of the requirements to reduce the formation of smog is a limit on gasoline volatility (volatile compounds contribute to smog formation). RVP is a common metric used to determine gasoline volatility; the lower the RVP, the less volatile the gasoline. RVP requirements (in Section 211(h) of the CAA)\u2014which apply to the 48 contiguous states and the District of Columbia\u2014generally prohibit the sale of gasoline with an RVP greater than 9 pounds per square inch (psi) during the high ozone season (summer months). The act provides some exceptions, including a waiver stipulating that ethanol-gasoline fuel blends containing 10% ethanol (E10) are subject to a 10 psi RVP limit, given certain conditions (i.e., 1 pound waiver). Further, the act provides exclusions from the waiver, such that upon notification by a governor that the RVP limit granted for E10 will increase air pollutant emissions in that state, the Administrator must revert to the 9 psi limit for that area. In some areas of the country, more stringent RVP limits apply (e.g., 7.0 or 7.8 psi RVP for conventional gasoline), with the 1 pound waiver added on.\nAuthority to Lift the E15 Summer Months Restriction\nOn at least two occasions, EPA reported it does not have the authority to include blends with an ethanol content greater than 10% in the 1 pound waiver. EPA reported in a July 2011 Final Rule that \u201cIn sum, the text of section 211(h)(4) of the CAA and this legislative history supports EPA\u2019s interpretation, adopted in the 1991 rulemaking, that the 1 psi waiver only applies to gasoline blends containing 9\u201310 vol% ethanol.\u201d However, in May 2017, EPA reported that it was undertaking a statutory analysis of the RVP waiver for inclusion of E15. Further, several rulemakings by EPA may indirectly address the RVP requirements. These rulemakings include the 2016 renewables enhancement and growth support proposed rule, which would control evaporative emissions from higher-level ethanol blends, and the current rule for National Ambient Air Quality Standards for ozone, which may prompt states to tighten requirements on evaporative emissions in ozone nonattainment areas. \nLegislative Action\nLegislation has been introduced in Congress (H.R. 1311, S. 517) that would give ethanol-gasoline fuel blends containing greater than 10% ethanol (e.g., E15) a waiver from the CAA RVP limits. H.R. 1311 and S. 517 would amend two sections of the CAA. First, the bills would amend Section 211(h) to include such fuel blends for both the RVP ethanol waiver and the RVP exclusion from the ethanol waiver. Second, the bills would amend the CAA section on new fuels and fuel additives (Section 211(f)(4)) to allow for a fuel or fuel additive that received a waiver under Section 211(f)(4) prior to January 2017 and met all of that waiver\u2019s requirements, except for the RVP requirement, to be sold. This portion of the bill would apply to E15, which was granted a partial waiver by EPA in 2011 under CAA Section 211(f)(4). Other E15-related legislation has been introduced (e.g., H.R. 5855, H.R. 1315, H.R. 777). For instance, H.R. 1315 would prohibit the sale of ethanol-gasoline fuel blends containing greater than 10% ethanol and would void the E15 waivers previously granted by the EPA.\nLegislative Issues and Options\nCongressional options on RVP include whether the CAA should be left as is or amended to include higher ethanol-gasoline fuel blends. Amending the CAA\u2014as some stakeholders have supported\u2014could increase demand for ethanol production, which may lead to additional economic development for the agricultural sector. However, it is not clear that an amendment would lead to increased E15 demand due to infrastructure issues and consumer choice among other issues. Further, it is not clear if such a change would lead to additional production of advanced biofuels (e.g., cellulosic ethanol) which may have a greater ability to reduce greenhouse gas emissions. Some stakeholders do not favor the RVP policy change announced by the Trump Administration due to concerns about costs, the environment, and market share, among other things. \nSome portions of this CRS Insight are sourced from CRS Insight IN10703, Reid Vapor Pressure Requirements for Ethanol, issued on May 18, 2017, available to congressional clients upon request from the author.", "type": "CRS Insight", "typeId": "INSIGHTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/IN10979", "sha1": "c36a9093d06344974416c63405a5f8450fa68dc4", "filename": "files/20181011_IN10979_c36a9093d06344974416c63405a5f8450fa68dc4.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/IN10979", "sha1": "b6d43c3889ba260ec4a17bf7aa63a27bf099b05c", "filename": "files/20181011_IN10979_b6d43c3889ba260ec4a17bf7aa63a27bf099b05c.pdf", "images": {} } ], "topics": [] } ], "topics": [ "Energy Policy" ] }