EPA Set to Announce Emergency Waiver Allowing Summertime Sale of E15 Nationwide
The Environmental Protection Agency announced it will once again suspend the ban on summertime sales of E15 blends. The EPA issued emergency waivers similar to last year that would allow E15 to be used nationwide between June 1 and September 15. The move comes after weeks of lobbying by lawmakers from corn producing states dissatisfied with the EPA’s decision to delay an RVP waiver request from 8 Midwest governors that would allow year-round E15 sales in those states. The E15 emergency waiver will temporarily exempt E15 from RVP volatility requirements that effectively block sales during the summertime driving season. To justify the emergency waiver, the EPA cites similar conditions that provided the foundation for a series of the temporary waivers last year. At the time, the EPA said that the fuel volatility waiver for E15 was in the public interest to address fuel supply shortages caused by the war in Ukraine. The EPA estimates that 2700 retail gasoline stations nationwide currently sell E15.
Its important to Note for Colorado and Wyoming – that the Waiver for our states does not relieve an operator of requirements similar to the pandemic waivers –
For Wyoming: OMA Sent the following: As far as our Tank Program is concerned, in order to store/sell E-15, the owner and or operator has had to show that all components of their tank system are compatible with E-15, which is outlined in DE Storage Tank Regulations Chapter 1, Section 12, as well as 40 CFR 280. 32 (EPA's UST compatibility regulation). If all of the components have been shown to be compatible, then we do not have a problem with them continuing to sell E-15. I have attached our Guidance Document addressing compatibility.
For Colorado - if your stations have E-15 compatible equipment then OPS will allow the sale of E-15
Retailers should be selling 7.8 R.V.P. Fuel – June 1st through September 15th, 2023
Conclusion for Denver Metro/North Front Range Area Based on the assessment of factors described above, the EPA is modifying the State’s recommendation to designate the following counties or partial counties as the DM/NFR nonattainment area for the 2015 ozone NAAQS:
Adams County,
Arapahoe County,
Boulder County,
Broomfield County,
Denver County,
Douglas County,
Jefferson County,
Larimer County,
Weld County.
These are the same counties that are included in the Denver nonattainment area for the 1997 and 2008 ozone NAAQS, but the intended area also includes the northern portion of Weld County. The air quality data factor analysis shows that Douglas, Jefferson, and Larimer Counties contain monitors in violation of the 2015 ozone NAAQS, therefore all or portions of Douglas, Jefferson, and Larimer County are included in the intended nonattainment area.
Guidance #21_Biofuel-Blend-Compatibility Attachment