Archive for July, 2009


EISA 2007 Is A Hazard To Public Safety

July 20, 2009

Who will be the first human casualty of the unintended consequences of EISA 2007

Today is the last day to comment on the E15 waiver request that is before the EPA.  I have learned a few things from those comments, none of them bode well.

I wonder if anyone at the EPA actually understands the federal RFS mandate.  You would think they should because they are the federal department tasked with implementing the mandate.  Anyone with an ounce of sense would look at the ethanol production quota table in Section 202 and instantly recognize that the Act was designed to produce and distribute E85.  The production demands are so large that by 2011 – 2012 there will be enough ethanol produced to take every gallon of gasoline in the U.S. E10 and all of the tax incentives and corporate welfare built into the Act are for E85, E10 is never mentioned.

So what happens when all of the gasoline in the U.S. is E10.  Something very interesting.  The Director of the Division of Air Resources, New York State Department of Environmental Conservation commented:  “E10 is not simply ethanol added to finished gasoline. Since most gasoline at retail contains ethanol, the industry factors the addition of ethanol into the formulation of the petroleum-based portion of the final blend. The chemical properties of ethanol and its dilution impact allow refiners to produce a petroleum-based blendstock which when combined with a specified amount of ethanol (or other oxygenate) results in a final blend with the desired legal and market properties.  The petroleum based blendstock, in most cases, would not qualify as gasoline or be legal to sell as gasoline.  For RFG this blendstock is RBOB. For conventional gasoline it is CBOB, and for California RFG it is CaRBOB.”

Does anyone at the EPA understand that there won’t be any ethanol free finished gasoline available for those engine applications that cannot run on ethanol belended gasoline?  Do they understand what will happen to the marine industry, aviation industry and public safety organizations that rely on small engines for their pumps, generators and portable tools?  Is the EPA prepared for the liability and litigation that will ensue from their decision to allow all of the gasoline in the country to go E10 or higher?  Liability will rest directly with the department since it is tasked with implementing the deeply flawed RFS mandate.

My final comment to the EPA for the E15 waiver can be read here.