WASHINGTON – U.S. Sens. Ben Nelson (D-NE), Tim Johnson (D-S.D.), John Thune (R-S.D.) and Chuck Grassley (R-IA) introduced legislation on Tuesday that would direct the U.S. Environmental Protection Agency (EPA) to increase the allowable level of ethanol in gasoline from 10 percent to 15 percent, the Associated Press reports. E85 would be exempt from the bill because is only used in flex-fuel vehicles.
Sen. Nelson told the news source that the measure could help fulfill the renewable fuels mandate that requires 36 billion gallons to be used nationwide by 2022 and prevent ethanol production from outpacing the amount of ethanol-blended gasoline allowed.
Nelson also said that “many experts” believe vehicles that can operate on E10 also can run on 15 percent blends, but that EPA has been “dragging its feet.”
"We've had meetings with them. I've attended meetings with them. The staffs of the various senators have had meetings with them, and nothing is forthcoming," he told the AP.
Meanwhile, the issue is complicated by the fact that current retail equipment is legally certified to sell fuels containing no more than 10 percent ethanol (E10). Retailers who sell E10+ fuels are violating OSHA regulations, tank insurance policies, bank loan covenants and are exposing themselves to lawsuits alleging gross negligence for selling fuel through non-compatible equipment.
Until EPA determines that existing vehicles can operate on fuel containing more than 10 percent ethanol, these higher blend fuels will be appropriate only for flexible fuel vehicles. NACS believes that EPA will establish the scientific basis for approving the use of these fuels in more vehicles, and when that happens, retailers will need a legal means to sell the products and help the market comply with the renewable fuels standard.
Therefore, NACS is meeting with legislators to change the manner in which equipment is deemed legally able to sell these fuels. Until this is accomplished, it is unlikely many retailers will take the risk to sell these higher blend fuels, regardless what determination EPA makes with regards to vehicle performance and emissions.
EPA is reviewing more than 13,000 comments from a March request to increase ethanol the content in gasoline, and has until Dec. 1 to grant or deny the request.
"EPA is already working as fast as it can, along with the department of Energy, to examine all of the engine testing information so that we can issue an answer to this waiver as soon as possible," EPA spokeswoman Adora Andy told the news source.
The measure has been introduced as an amendment to a Senate appropriations bill for Interior Department funding that is currently under consideration.