E15 Motor Fuel: Biden Administration Announces Year-Round Sales

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Biden Administration announced on April 12th Executive action to permit year-round sales of E15 motor fuel.

The Administration’s decision is described as attempting to:

. . . spur the development of homegrown biofuels. . .

The development is deemed critical for the Administration’s stated objective of expanding options for affordable fuel in the short term and to build energy independence in the long term by reducing reliance on fossil fuels.

Ethanol is commonly blended with gasoline. Such petroleum-biofuel blends are described by a letter representing the first initial of the biofuel. For example, E for ethanol. This is followed by a number that usually describes the approximate biofuel percentage of the overall blend – E10 or E15. The United States Environmental Protection Agency (“EPA”) defines E15 as gasoline blended with 10.5 percent to 15 percent ethanol.

The National Association of Convenience Stores, National Association of Truck Stop Operators and SIGMA had previously asked EPA to exercise its waiver authority pursuant to Section 211 of the Clean Air Act to authorize the year-round sale of gasoline blended with up to 15 percent ethanol (i.e., E15).

The Administration in its April 12th announcement stated that EPA is planning to issue a national, emergency waiver authorizing the availability of E15 in the summer. The emergency waiver will be issued closer to June 1st.

A copy of the Administration’s E15 Fact Sheet can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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