2.1. Possible legal interpretations to allow for E15 RVP waiver

 

On 11 October 2018, President Donald Trump directed the EPA to initiate rulemaking to expand the 1 psi Rvp allowance for E15 during the summertime.  This directive follows intense lobbying from the ethanol producers. Several industry groups have repeatedly petitioned EPA to reconsider the RVP limitation imposed when the E15 waivers were granted in 2010 and 2011.

 

EPA is currently working on proposed rulemaking to grant the RVP waiver for E15.  It is unclear how EPA will proceed to justify the RVP waiver for E15, considering the statutory language of CAA Section 211(4), and the Agency’s previous interpretation as detailed when granting the substantially similar waiver for E15 use in model year 2001 and newer vehicles.  EPA is e