EPA Publishes Final Rule on E15 and RIN Reform
Removing a barrier to year-round E15 sales gives retailers more flexibility in offering renewable fuels.
Jun 11, 2019
WASHINGTON – The final rule on the year-round sale of E15 and enhanced disclosure requirements on Renewable Identification Number (RIN) transactions announced by EPA on May 30 have been published in the Federal Register.
As reported last week in NACS Daily, EPA is adopting a new statutory interpretation and making corresponding regulatory changes to allow gasoline blended with up to 15% ethanol to take advantage of the 1-pound per square inch (psi) Reid Vapor Pressure (RVP) waiver afforded under the Clean Air Act (CAA). In doing so, EPA is finalizing an interpretive rulemaking which defines gasoline blended with up to 15% ethanol as ‘‘substantially similar’’ to the fuel used to certify Tier 3 motor vehicles. Finally, EPA is making regulatory changes to modify certain elements of the Renewable Fuel Standard (RFS) compliance system, to improve functioning of the renewable identification number (RIN) market and prevent market manipulation.
Some questions have come up regarding the effective dates of various portions of the rule. Here are the effective dates for the different sections:
- Amendatory instructions 4–10 are effective July 10, 2019.
- Amendatory instructions 1–3 and 11–12 are effective June 5, 2019.
- Operational dates: For operational purposes under the Clean Air Act, the amendments to 40 CFR part 80, subpart M and corresponding portions of the preamble are effective as of July 10, 2019.
- Amendments to 40 CFR part 80, subparts B and N; corresponding portions of the preamble; and the interpretation of ‘‘substantially similar’’ in the appendix to this Federal Register document are effective as of May 30, 2019.
NACS counsel has prepared a detailed memo on this rule, available only to NACS members. If you have any questions, contact Eva Rigamonti at [email protected] or Paige Anderson at [email protected].
