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NPRA says EPA E15 misfueling regs won’t help consumers

Gregory M. Scott, executive vice president and general counsel of NPRA, the National Petrochemical & Refiners Association, testified at an Environmental Protection Agency (EPA) public hearing today that proposed EPA regulations designed to prevent misfueling with gasoline containing 15% ethanol (E15) will fail to protect consumers.

“E15 will find its way into older vehicles, small engines, and boats with dire consequences for personal safety, irreversible engine damage, consumer confusion, operational problems, loss of manufacturers’ reputations and warranty arguments,” Mr. Scott said in prepared testimony.  “The risks are large and daunting.”

EPA approved the use of E15 on October 13 for cars and light-duty trucks produced for the 2007 model year and later, but did not approve use of E15 for older cars and light-duty trucks. In addition, EPA did not approve the use of E15 for any model year for motorcycles, heavy-duty trucks, buses, boats, snowmobiles and engines for gasoline-powered equipment such as lawnmowers and chain saws.

EPA’s October 13 decision increased the amount of ethanol allowed in gasoline for newer cars and light-duty trucks by 50% from the previous limit of 10% (E10).

The environmental agency’s proposed regulation includes E15 fuel pump labeling requirements designed to make consumers aware when a pump dispenses E15 and to educate consumers on the very limited number of vehicles that EPA has determined can use E15. EPA also proposed a quarterly survey of gasoline retailers designed to help ensure that gasoline pumps are properly labeled.

“It is inevitable that if E15 is made available at retail, many consumers will misfuel – putting the wrong gasoline into the wrong engine,” Mr Scott said. “This misfueling may occur intentionally, due to price differential or a quality perception, or unintentionally, due to consumer confusion or inattention. Such misfueling cannot be avoided merely with a dispenser label.”

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