2060-AQ17 201004 Unified Agenda of Federal Regulatory and Deregulatory Actions 2060 Air and Radiation AR 2000 Environmental Protection Agency EPA Regulation To Prevent the Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs This rulemaking does two things. One, it will help prevent the misfueling of vehicles and engines not certified to operate on gasoline containing greater than 10 percent ethanol ("E10+"). We are proposing a rulemaking under the Clean Air Act section 211(c) to control and regulate distribution of fuels and fuel additives that may pose harm to the environment or public health. Vehicles or engines not certified or approved for E10+ may experience increased emissions of criteria pollutants and accelerated deterioration of emission control systems due to higher oxygen content from increased ethanol levels. These emissions increases will have an adverse effect on air quality and public health due to known relationships between regulated pollutants and the formation of ground level ozone. Furthermore, vehicles or engines operating on E10+ may experience operability issues leading to tampering of certified configurations designed to satisfy EPA emissions requirements. Two, this rulemaking modifies the Reformulated Gasoline ("RFG") and Anti-dumping programs (40 CFR part 80) to update the Complex Model allowing fuel manufacturers to certify batches of gasoline containing up to 15 percent ethanol ("E15"). These modifications are required for fuel manufacturers to sell E15. This rulemaking is necessary because of the proliferation of "blenderpumps"—fuel pumps that allow consumers with flex-fuel vehicles to select E10+ blend levels—and the Agency's pending waiver decision under the Clean Air Act section 211(f)(4) which, if granted, would allow the use of E15 ("E15 waiver"). Such a waiver and the current expansion of blender pumps create a need for a label to ensure that consumers do not fuel their vehicles or engines with unapproved fuels. This rule is urgently needed because of the speed that blender pumps are spreading and the possibility of the Agency rendering a decision on the E15 waiver as early as the summer of 2010. Other Significant First Time Published in The Unified Agenda Proposed Rule Stage No Undetermined Not Yet Determined Not Yet Determined No NPRM 06/00/2010 Final Action 12/00/2010 SAN No. 5438. No No Federal Undetermined No No Barry Garelick 2060 Air and Radiation AR 202 343-9028 Garelick.Barry@epamail.epa.gov 6406J, Washington DC 20460 Robert Anderson 2060 Air and Radiation AR 202 343-9718 Anderson.Robert@epamail.epa.gov 6405J, Washington DC 20460