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EPA/AR RIN: 2060-AQ17 Publication ID: Fall 2011 
Title: 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 
Abstract: Under the Clean Air Act section 211(c), this rulemaking proposes 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 gasoline containing greater than 10% ethanol ("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 emission increases will have an adverse effect on air quality and public health. Furthermore, vehicles/engines operating on E10+ may experience operability issues leading to tampering of certified configurations designed to satisfy EPA emissions requirements. This rulemaking proposes to help mitigate misfueling by prohibiting the use of E10+ in vehicles/engines not approved to use E10+ and by requiring an E15 misfueling mitigation program. This rulemaking also proposes to modify the Reformulated Gasoline program (40 CFR part 80) to update the Complex Model allowing fuel manufacturers to certify batches of gasoline containing up to 15% ethanol ("E15"). These modifications are required for fuel manufacturers to make and sell E15. This rulemaking is necessary because of the proliferation of "blenderpumps"—pumps that allow consumers to select E10+ blend levels—and the Agency's recent E15 partial waiver decisions in response to a waiver request under the Clean Air Act section 211(f)(4) which allow for E15 to be introduced into commerce for use in some vehicles/engines. Such a waiver and the expansion of blenderpumps create a need for a misfueling mitigation program to ensure that consumers do not fuel their vehicles or engines with unapproved fuels. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 80   
Legal Authority: CAA 211(c)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/04/2010  75 FR 68043   
Final Action  07/25/2011  76 FR 44406   
Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b80c65; EPA Docket information: EPA-HQ-OAR-2010-0448
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 325193 Ethyl Alcohol Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Barry Garelick
Environmental Protection Agency
Air and Radiation
6406J,
Washington, DC 20460
Phone:202 343-9028
Email: Garelick.Barry@epamail.epa.gov

Robert Anderson
Environmental Protection Agency
Air and Radiation
NVFEL, 2565 Plymouth Road,
Ann Arbor, MI 48105
Phone:734 214-4280
Email: anderson.robert@epa.gov