NMMA'a take:
Environmental Protection Agency Approves Partial Waiver for E15
In a long-awaited decision yesterday, the Environmental Protection Agency (EPA) announced a limited approval for the sale of gasoline containing up to 15% ethanol (E15) for model year 2007 and newer motor vehicles. This decision excludes marine engines and other non-road engines such as snowmobiles, lawn and garden equipment, as well as other gasoline-powered small engines such as generators. The waiver also excludes motorcycles, heavy-duty vehicles and older cars, although EPA is expected to approve E15 for cars and light-duty trucks made in 2001 and after later this year.
This decision is EPA’s response to a waiver petition filed in the spring of 2009 by pro-ethanol lobby group Growth Energy. Last December, the Agency announced it was delaying the decision in order to conduct additional testing on a limited set of cars and trucks. Gasoline retailers will not be able to sell E15 until EPA completes a new pump label rulemaking, which was also announced yesterday.
EPA’s decision to prohibit the sale and use of E15 in marine engines and boats affirms NMMA’s argument that this fuel is not appropriate for marine equipment. NMMA has commented formally to EPA on numerous occasions that Growth Energy, the pro-ethanol lobby requesting the waiver, had not submitted sufficient technical or scientific data to warrant EPA’s approval of the fuel. EPA’s announcement clearly reflects its agreement with NMMA that Growth Energy’s waiver petition was wholly insufficient.
Despite the exclusion of marine engines from this partial waiver, however, NMMA strongly opposes this action by EPA as it will have negative impacts for the boating consumer as well as marine manufacturers. Because EPA is currently only proposing a warning label on retail gasoline pumps, consumer confusion and misfueling are inevitable. Compounding the problem, EPA is taking no action to ensure compatible fuels remain available and affordable for the nation’s 13 million registered boat owners and the owners of hundreds of millions of gasoline-powered equipment and older automobiles.
Although EPA is not mandating the sale of E15, there are existing federal requirements that do mandate the graduated increase of renewable fuels in the U.S. gasoline supply. Over time, E15 will dominate the market like E10 has done. We also expect the ethanol industry to make further appeals to EPA and Congress to approve higher blends of mid-level ethanol, such as E20.
EPA Proposes a Retail Gasoline Pump Label
Recognizing that its decision to allow E15 for use only in some automobiles is bound to confuse consumers, who rightfully believe that the fuel they purchase at gas stations should be safe for general use, EPA has released a proposal (referred to as a "rulemaking") to label gasoline pumps with the following E15 warning label.
The label is orange and says:
Caution!
This fuel contains 15% Ethanol
Use Only In:
2007 and newer Gasoline Cars
2007 and newer Light-Duty Trucks
Flex Vuel vehicles
This fuel might damage other vehicles. Federal Law prohibits its use in other vehicles and engines.
EPA’s proposed rule would require that any gas stations selling E15 have a label on the pump that warns consumers that E15 is only suitable for certain cars. NMMA does not believe that a label alone is a sufficient safeguard to prevent misfueling and EPA has provided no data to support a conclusion that a label alone will prevent widespread consumer confusion and misfueling. NMMA is encouraging all marine industry employees and boaters to provide feedback to EPA on the label and encourage additional misfueling controls through our online advocacy tool which will be available in coming weeks.
EPA to Host Public Hearing in Chicago
EPA will host a public hearing on its proposed gasoline pump label rulemaking at the Knickerbocker Hotel in Chicago, IL on Nov. 16, 2010 at 10 AM. NMMA will attend this hearing and encourages other members of the boating industry to attend to voice their concerns with EPA’s approach.
What EPA Said about Marine Engines
EPA specifically addressed the issue of marine engines and the compatibility of E15 gasoline in its decision. As NMMA indicated in its formal written comments to EPA and in numerous in-person meetings with senior EPA officials, Growth Energy’s waiver petition submission reflected a lack of scientific information relating to marine equipment. Not only does Growth Energy cite no specific study, it omitted from its submission existing studies on marine engines and ethanol fuel.
EPA concurred with NMMA and its partners in the Alliance for Safe Alternative Fuels Environment (AllSAFE), a coalition of engine manufacturers. EPA concluded:
--“Growth Energy provided only limited information in support of their waiver request application regarding the potential emission impacts of E15 on nonroad products.”
--“Growth Energy did not submit any test data that evaluated how the use of E15 would impact evaporative emissions and evaporative emissions controls for nonroad products, either for immediate emissions impacts or long-term evaporative emission impacts (durability).”
--“In their comments, Growth Energy wrote that there is ‘no scientific basis’ for excluding [small nonroad engines] in a waiver for E15. . . Growth Energy also argues that there are no studies that show E15 will create problems for nonroad engines (marine engines specifically).”
--“Notable gaps [in Growth Energy’s petition] include information regarding marine engines, snowmobiles, recreational vehicles, motorcycles, and several classes of small nonroad engines.”
--Regarding marine and nonroad engines, “[e]even in areas in which Growth Energy provided data, those data were very limited. Since Growth Energy has not provided information to broadly assess the nonroad engine and vehicle sector . . . it is not possible for the Agency to fully assess the potential impacts of E15 on the emission performance of nonroad products.”
--“At a minimum, a comprehensive nonroad test program would be needed to support Growth Energy’s assertions. We know of no such programs underway.”
--“We do not believe the information provided by Growth Energy adequately addresses materials compatibility for E15 use in nonroad products.”
--“Growth Energy has not provided sufficient data and information to broadly assess the performance of all nonroad products while using E15.”
--“Additionally, based on our own engineering judgment, after review of all available data for nonroad products, we find that there are emissions-related concerns with the use of E15 in nonroad products, particularly regarding long-term exhaust and evaporative emissions (durability) impacts and materials compatibility issues. Therefore, the Agency has concluded that it cannot grant a waiver for the use of E15 in nonroad products based on existing data.”
EPA’s analysis of the total absence of information supplied by Growth Energy in its petition relating to marine engines and boat fuel systems is fully consistent with NMMA’s analysis in its formal written comments to EPA. Despite the ethanol industry repeated and invalid claims that E15 is suitable for any product, including boats, EPA concurred with NMMA and other nonroad engine manufacturers in this regard. However, EPA’s decision to partially approve E15 for new motor vehicles poses substantial problems for the boating and marine manufacturing community relating to consumer confusion, misfueling, and the long-term availability of compatible gasoline.
Boaters and Marine Industry Make Their Voices Heard
In the weeks and months leading up to EPA’s announcement, boaters have been actively engaging Congress and the Administration on this issue, especially in light of known problems with E10. Last year after the original waiver petition was filed, boaters submitted more than 30,000 comments to the EPA during the initial comment period. In fact, comments from the boating community comprised more than 40% of the total number of comments the Agency received.
Over the past few months, NMMA has been part of a major media and grassroots campaign to encourage the White House to “say no to untested E15” through advertisements, media outreach and emails to President Obama. In a span of only 10 days, boaters contributed to the more than 26,000 emails sent through
www.FollowTheScience.org to President Obama requesting that studies on all gasoline-powered engines be completed before allowing E15. NMMA President Thom Dammrich also penned a Letter to the Editor in The Hill emphasizing these consumer concerns.
NMMA has held briefings on Capitol Hill, participated in Congressional testimony with partners, held many meetings with congressional staff and EPA, DOE, and White House officials, urging an approach consistent with the obvious scientific conclusion that E15 is an incompatible and inferior fuel.
NMMA applauds all boating industry members and boaters who took the time to voice their position to EPA. Your efforts had a direct impact on EPA’s decision to prohibit E15’s use in marine engines and boats.
NMMA and Others Respond to EPA Announcement
Having led the marine industry on this issue for several years, NMMA quickly denounced EPA’s partial waiver decision as ill-advised, inappropriate, and contrary to the President’s stated policy goal of putting science first. The boating industry position was also cited in many news stories on the E15 development, including those that appeared in Bloomberg, the Milwaukee Journal-Sentinel, the Detroit News and others.
Several Members of Congress also spoke out against the waiver, including Senator Ben Cardin (D-MD), who noted that “thousands of waterman who make their livelihood on the Chesapeake Bay depend on reliable fuels to power their boats and rushing mid-level ethanol blends into any part of the market increases the risks of misfueling which can be both economically costly as well as present serious safety risks.” Congresswoman Chellie Pingree (D-ME), also blasted the announcement, noting that ethanol “has brought on many headaches for Mainers by damaging boat engines.” Senator Susan Collins, who addressed the marine industry at the 2010 American Boating Congress, also issued a very firm statement in opposition to EPA’s partial waiver decision. Several Members of Congress are already calling for hearings on Capitol Hill when Congress reconvenes in November. We applaud all of these Members of Congress and others who have taken a clear stand against this ill-advised gift to the ethanol lobby.
What this Means for Boating Consumers
NMMA and its members are committed to ensuring a positive boating experience for every boater. While this decision is unfortunate, NMMA will continue to explore every conceivable avenue to challenge this decision by EPA and to ensure that boating consumers are protected. Although it is not likely that E15 will enter the fuels market until, at the earliest, next year, boating consumers need to be vigilant in protecting their equipment from the corrosive and damaging impacts of E15.
NMMA advises consumers to:
--Read and follow their owner’s manual, which will clearly explain what fuels can be used to ensure a properly functioning marine engine or boat.
--Do not use E15. Fuel containing more than 10 percent ethanol (E10) in marine engines and boat fuel systems remains prohibited by EPA. Using an incompatible fuel may void your warranty.
--Pay attention at the pump. All boaters need to pay attention to pump labels to ensure that they are not pumping E15. E15 may be less expensive at the pump, but boaters are advised to find another gas station selling not more than E10 as any higher blend may void your warranty or damage your product.