The "Four-Gallon Rule": Another Unintended Consequence of Ethanol Policy

The energy field is replete with unintended consequences, and US policy promoting ethanol fuels has had more than its share.  The growing competition  between food and fuel uses of corn, amplified by the current drought, is a prime example, along with the so-called "dead zone" in the Gulf of Mexico that has been exacerbated by the extra fertilizer used to boost corn yields enough to meet the rising demands of the federal Renewable Fuel Standard (RFS).  Most of these effects occur out of the sight of average consumers, but here's a new one that could start showing up at a gas station near you, very soon: the EPA's "four-gallon" rule.  As a result of EPA's decision to allow gasoline blenders to sell fuel containing up to 15% ethanol, and in recognition of the adverse consequences of high-ethanol blends for small engines, gas stations will be required to post signs enforcing a minimum purchase of four gallons from certain pumps.  This is yet another indication that the EPA has put expediency above prudence in giving its approval to a fuel that is not ready for mass-market distribution. 

A little background is necessary to understand how we reached this point.  In 2007 the Congress passed the Energy Independence and Security Act that included the RFS, mandating dramatic increases in the quantity of ethanol blended into gasoline.  Unfortunately, its passage coincided with a sea change in the gasoline market. Prior to the financial crisis and recession, US gasoline demand had been growing by 1-2% per year for decades, and on that pace there should have been ample future gasoline demand growth to accommodate all the additional ethanol that Congress was instructing the EPA to require refiners and gasoline blenders to add, by means of the standard blend of 90% gasoline and 10% ethanol.  Instead, gasoline sales fell by more than 3% in 2008 and still haven't recovered their 2007 peak, running about on par with 2002 this year.  When you do the arithmetic, that means that instead of being able to absorb over 15 billion gallons of ethanol this year, the market can only handle around 13 billion gallons--barely enough to satisfy the 2012 mandate level and 2 billion short of the amount required in just three years.  (This ignores cellulosic ethanol requirements, which have been revised downward each year as commercial production fails to appear.)

With sales of 85% ethanol E85 trickling along at levels too low to stave off the approaching "blend wall", the ethanol industry applied in 2009 to be allowed to increase the ethanol dosage in gasoline from 10% to 15%, requiring an EPA waiver of existing regulations.  That waiver was granted in 2010 for cars made after model-year 2006 and later extended for cars made after model year 2000, in spite of continuing concerns about its impact on the engines and fuel systems of all cars not labeled as "flexible fuel vehicles", as well as testing by UL indicating that some existing gasoline dispensers failed in dangerous ways when ethanol blends above 10% were introduced. 

The four-gallon rule is part of the EPA's ongoing contortions, in the form of gas pump labeling and "misfueling mitigation plans", to make sure that E15 doesn't get into the wrong vehicles, or worse yet, into small engines--lawn mowers, string trimmers, boats, etc.--where it has been found to cause potentially serious problems.  So in addition to labels indicating that E15 is only approved for 2001 and later automobiles, the EPA is instituting a minimum sales quantity rule to prevent someone from filling a gas can for use in a small engine with E10 from a "blender pump"--one that can dispense either E10 or E15 on demand.  That's because even after the pump is switched to E10, enough higher-ethanol fuel could remain in the hose to skew the ethanol content of the first few gallons delivered. (I'd suggest that this ought to be of concern to motorists, as well.)

I'm sure the EPA sees its new four-gallon rule as a sensible measure to protect the owners of small consumer or industrial engines from damaging their equipment. Yet from my perspective outside the bureaucracy it looks like another symptom of an E15 policy that falls short of the prudence necessary when dealing with the retail distribution of motor fuels and borders on regulatory malpractice.  At some point in the process someone in EPA should have held up his or her hand and pointed out that the obvious solution was not layering increasingly impractical and downright weird regulations onto already overburdened gas station operators, but to call for a fundamental reexamination of a Renewable Fuel Standard that has been overtaken by unforeseen events.  And that's without even considering that the lower energy content of the extra ethanol equates to a new $0.07 per gallon tax on gasoline at current prices. The publicity surrounding this issue provides an ideal opportunity for one or both presidential candidates to commit to suspending the E15 program, pending a thorough review of the RFS and its implementation. 

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E15's Problems Are Symptomatic of A Failing Biofuels Policy

A new report on automobile engine durability casts further doubt on the compatibility of mid-level ethanol blends such as E15 (15% ethanol, 85% gasoline) with the existing US light-duty vehicle fleet. The report was issued this week by the Coordinating Research Council (CRC) under the auspices of API, Global Automakers, and the Alliance of Automobile Manufacturers.  It found that at least some of the vehicles included in EPA's certification of E15 for use in cars manufactured since 2001 experienced excessive valve wear and other mechanical problems over the course of a simulated engine lifetime.  Together with previous research highlighting the risks of E15 for gas station pumps, the report's findings raise serious questions about the federal government's current ethanol policy and who will ultimately bear its hidden costs.

I've written extensively about the EPA's approval of E15 for use in vehicles and the underlying rationale for increasing the ethanol content of most gasoline beyond the 10% limit (E10) for which most cars on the road today were designed.  At current volumes, domestically produced corn-based ethanol accounts for roughly 10% of all US gasoline and displaces the energy equivalent of 600,000 barrels per day of imported petroleum products.  However, without increasing the amount of ethanol blended into each gallon of gasoline, and in the absence of a miraculous transformation in the public's minuscule appetite for E85 (the 85% ethanol blend sold for flexible fuel vehicles) the US ethanol strategy has hit its natural limit.  Since US gasoline consumption, which prior to the recession routinely grew at 1-2% per year, has stalled at a level comparable to what we used ten years ago, the enthusiasm of the US ethanol industry for E15 to expand its market is entirely understandable.

The CRC's results have been criticized by both the ethanol industry and the Department of Energy.  Although I don't have the background to judge CRC's report assumption by assumption and result by result, it does appear that many of the criticisms raised by the DOE were addressed in the body of the report, including the choice of ethanol-free gasoline as the reference fuel.  As for complaints that the auto and oil producers have a vested interest in making E15 look bad, ethanol producers are at least as conflicted for their part.  Moreover, without impugning the integrity of the fine folks at the DOE, the federal government also has a significant conflict of interest in this matter: The administration and its cabinet agencies are stewards of a 2007 national biofuels policy that now depends on the adoption of mid-level ethanol blends like E15 if it is to have any chance of reaching its goal of 36 billion ethanol-equivalent gallons per year by 2022, from around 15 billion gallons per year today.  The apparent damage to some engines running on E15 under test conditions similar to those used by the car manufacturers for their own product testing highlights risks that must be addressed before consumers should be asked to put this fuel into their cars.

In addition to concerns about the safety of this fuel for the mechanical integrity of the tens of millions of vehicles for which the EPA has approved it, including both of my family's vehicles, E15 still faces substantial practical obstacles to its widespread distribution--obstacles that will likely require significant new federal funding to overcome. My industry contacts tell me that gasoline retailers considering selling E15 must install brand new gas pumps, because the nationally recognized testing laboratories like UL won't certify existing product dispensers for use with E15.  Anyone who ignores this requirement faces serious liabilities and could end up in violation of local fire codes.  So not only would retailers selling E15 instead of E10 be excluding a large portion of their existing market--at a minimum all pre-2001 cars--but they would have to make significant investments to do so.  Such investments are unlikely to be repaid by higher prices for E15 than for E10, because if anything, E15 should sell for a discount to E10.  Its nearly 2% lower energy content than E10 would translate into a requirement for roughly one extra fill-up a year for the average driver, or a penalty of about $37 per year at current prices.

There's an obvious solution for the risks that the administration is asking motorists to take on with E15 fuel.  Since neither vehicle manufacturers nor fuel retailers are prepared to accept the liability for excessive engine wear or fuel system damage from using E15 instead of E10 or purer gasoline--a position the Congress is considering granting statutory protection--the federal government should step up to this role.  The DOE and EPA claim E15 is safe for cars.  In the private sector, such claims would have to be backed up by warranties, explicit or implied.  Why should this situation be any different?  The President should therefore instruct DOE and EPA to carve out a portion of their annual budgets--after cuts--to fund a new federal warranty program for vehicles damaged by E15.  If these agencies are unwilling to stand behind their assessment of E15, then perhaps this fuel is not as ready for prime time as they suggest.  In any case, foisting this liability on consumers would represent a hidden and likely regressive new tax.

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The Regulatory-Ethanol Complex

The US Environmental Protection Agency has a problem, and that problem is ethanol. Last Friday the EPA expanded its previous waiver on ethanol in gasoline to allow blends of up to 15% to be used in cars built in model year 2001 and later, compared to the earlier threshold of model year 2007. Because it did this just three months after granting the initial waiver, it's not clear how much additional testing was actually done, despite the agency's obligatory reference to "sound science". This step is a further indication that EPA is presiding over a failed biofuel mandate created by Congress in the expectation that a massive cellulosic biofuel industry would spring forth at their command, in parallel with a massive upsurge in sales of the 85% ethanol/15% gasoline blend, E85. None of that has happened, and for now the corn ethanol industry is the only horse that EPA has left to ride in this race. Until these waivers were issued, that horse was rapidly running out of track on which to run.

It's not that EPA loves corn ethanol. In fact, the first draft of its RFS2 renewable fuel standard incorporated an emissions-measurement basis that was distinctly unfavorable to older conventional ethanol facilities. That was subsequently toned down, after reinterpreting the science relating to "indirect land use impacts". Unfortunately for EPA, however, corn ethanol is the only avenue for continuing to comply with the annually escalating biofuel mandate set in the Energy Independence and Security Act of 2007, unless they want to flood the US with Brazilian cane ethanol. Oilseed-based biodiesel remains a niche product, and the US biodiesel industry is half-dead after the EU imposed anti-dumping tariffs as punishment for biodiesel exports to Europe that were subsidized by a $1.00 per gallon US biodiesel tax credit--a credit that lapsed at the end of 2009 but was reinstated retroactively as part of the Lame Duck Congress's tax deal.

The central problem relates to the so-called blend wall, the annual quantity of ethanol that can be accommodated in gasoline under the previous 10% blending limit. With US gasoline sales having dropped in 2008, rather than continuing on their path of 1-2% annual increases, and still not recovered to their former level, the entire US gasoline pool can only absorb 13.9 billion gallons per year of ethanol. As a practical matter, the blend wall is probably a billion gallons lower than that, given the challenges of getting ethanol to the remotest corners of the country. By coincidence, the RFS target for 2011 after backing out the renewable diesel requirement is roughly 13 billion gallons. The production capacity of the US corn ethanol industry already stands at 14 billion gallons per year, with more ethanol plants under construction or expansion.

Accommodating all that extra ethanol would have been easy if E85 had taken off as planned. However, if Minnesota's E85 statistics are any indication, E85 sales appear to have declined since 2008. In the absence of E85 demand, the EPA's waivers have the effect of moving the blend wall and giving the ethanol industry more headroom to grow. In theory, this would also have been needed to make room for cellulosic ethanol, but so little of that is being produced that EPA has had to scale back its quota for that category two years in a row, with a further adjustment in 2012 a virtual certainty.

Expanding the waiver to cover earlier car model years was crucial to making it useful. The first round didn't encompass enough cars--and thus enough annual fuel volume-to make it likely that refiners, distributors and retailers would incur the cost and risks of introducing it into the market. Going back to 2001 adds roughly another 90 million cars and light trucks and includes some of the highest car-sales years in US history. As a result, the broader waiver now probably covers about half of the 240 million light-duty vehicles on the road in the US.

The consequence for consumers will be higher taxes, in several forms. First, there's the tax associated with paying for fuel that has less value, due to ethanol's lower energy content, yet carries the same pump price. At current gasoline prices a gallon of E15 is worth about 5.5 ¢ less than the E10 blend most of us are buying today. Then there's the indirect tax associated with the higher maintenance and repair expenses that some motorists are likely to experience. Despite the EPA's reassurances about having tested E15, the focus of their testing was explicitly on emissions, not on performance and longevity. And finally there's the tax or debt we'll incur for the ethanol blenders credit that will be paid out on the incremental ethanol volumes facilitated by the waiver. That could eventually amount to an extra $3.2 billion per year, unless the current Congress finally ends this redundant subsidy that has been in place for more than thirty years.

Although it is probably best viewed as a marriage of convenience, for now the EPA and the corn ethanol industry are joined at the hip, forming a sort of regulatory-industrial complex. For political reasons EPA can't afford to abandon its partner, because the administration is fully committed to the RFS2 biofuel targets as part of its broader approach to energy security and emissions--even though corn ethanol does little or nothing to reduce the latter. Until and unless E85 takes off, the only real alternative to the E15 waivers would be to admit that the 2007 biofuel standards were unrealistically ambitious and must be suspended pending the arrival of so-called drop-in fuels--synthetic hydrocarbons derived from biomass sources such as algae, cellulose or sugar cane. Drop-ins could provide the same renewables energy benefits as ethanol, but without the latter's blending, fuel economy and logistical disadvantages. In the meantime, I will not knowingly fuel either of my family's 2004 model cars with E15, as long as I have a choice.

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UL Study Raises New Questions About E15

One of the energy stories I've followed with great interest all year concerns efforts to increase the proportion of ethanol blended into ordinary US gasoline. This began last year when Growth Energy, an ethanol trade association, asked the Environmental Protection Agency for a waiver to increase the allowed percentage of ethanol in gasoline from 10% to 15%. In October EPA issued a partial approval of the request, but only for vehicles built in model year 2007 or later. However, a new report from Underwriters Laboratories (UL) indirectly casts doubt, not only EPA's ruling, but on whether the agency was assessing all the relevant issues.

I ran across the UL report on the compatibility of mid-level ethanol/gasoline blends in gasoline dispensing equipment--the pumps, hoses and tanks in gas stations--in a posting on API's EnergyTomorrow blog. It cited the UL study, which had been commissioned by the Department of Energy, as evidence that E15, the 15% blend of ethanol and gasoline that the EPA just approved for use in newer cars, could result in serious failures of gas pumps. Yet when I read the report, I immediately encountered its innocuous-sounding conclusion stating, "The overall results of the program were not conclusive insofar as no clear trends in the overall performance of all equipment could be established." It went on to say that the equipment "generally performed well." If I had stopped reading there, I'd have concluded that API was blowing the whole story out of proportion.

When I read the data included in the report, however, a different story emerged. Of the new and used gasoline dispensers and associated equipment tested, very few exhibited no problems on the 17% ethanol test fuel used. In fact, in UL's long-term exposure test, many hoses, nozzles and swivels leaked. 100% of the meter, manifold and valve assemblies tested leaked or failed to shut off. Perhaps most worryingly, two-thirds of the breakaway couplings tested leaked, failed their pressure tests, or required more than the recommended pull to separate. (A breakaway is designed to pop the hose off the dispenser when a customer forgets to remove the nozzle from his car's gas intake and attempts to drive off. This happens a surprising number of times a year, and before the deployment of breakaways such incidents imposed significant repair costs on dealers, even when the resulting spills didn't cause fires.)

The common denominator in these failures was what the report refers to as "nonmetals", gaskets, seals and parts made from various polymers. From that I would draw two conclusions: First, it ought to be possible to design new dispensers and retrofit existing dispensers with new gaskets, seals and plastic parts designed to withstand higher concentrations of ethanol, just as the fuel systems in flexible fuel vehicles are designed to tolerate blends of up to 85% ethanol. However, considering that the US has between 90,000 and 160,000 gas stations, depending how you count them, the number of dispensers that would have to be modified is at least in the high tens of thousands, if not well into the hundreds of thousands. To my knowledge the ethanol industry has not offered to defray the cost of these conversions for a retail fuel industry that operates with extremely lean margins. Nor is it obvious that dealers would qualify for federal assistance, as they do when they add E85 capability.

My second conclusion--really more of a suspicion--has nothing to do with gas pumps or gas stations, and everything to do with cars. After reading the UL report I went back and reread portions of the EPA's official waiver response, which ran to 58 pages in the Federal Register. From what I can tell, EPA wasn't really looking at whether cars would suffer damage from operating on a higher percentage of ethanol than the fuel for which they were designed. The waiver was granted on the basis of those cars not emitting more pollutants than on the fuel for which they were designed. Quoting from the EPA document:

"For MY 2007 and newer light-duty motor vehicles, the DOE Catalyst Study and other information before EPA adequately demonstrates that the impact of E15 on overall emissions, including both immediate and durability related emissions, will not cause or contribute to violations of the emissions standards for these motor vehicles. Likewise, the data and information adequately show that E15 will not lead to violations of the evaporative emissions standards, so long as the fuel does not exceed a Reid Vapor Pressure (RVP) of 9.0 psi in the summertime control season. The information on materials compatibility and drivability also supports this conclusion."

That's good as far as it goes, but from my perspective this finding reflects a necessary but hardly sufficient standard for putting a new fuel into the marketplace, particularly when the failures of the dispensers in the UL study point to the possibility of similar failures of "nonmetals" in the fuel systems of cars or other devices not designed to run on more than 10% ethanol. Even if the leaks found in the testing of product dispensers didn't result in safety hazards, they would at a minimum increase the evaporative emissions from infrastructure, aside from the automotive impact on which EPA apparently focused. I also find it interesting that a bill was introduced in Congress this summer, as EPA was considering the waiver request, that would appear to make it more difficult for consumers to recover the cost of damages resulting from compatibility problems in approved vehicles or misfueling of non-approved vehicles.

As I've noted in my previous postings on this topic, I'm sympathetic to the box into which altered circumstances have placed both the ethanol industry and the federal government with regard to ethanol blending. US gasoline sales, which stagnated after the financial crisis and are only growing by a historically modest 0.7% this year (through November) according to API's latest statistics, are not expanding fast enough to accommodate the output of all the ethanol plants that have been built or are under now construction. When the Renewable Fuels Standard was enacted as part of the Energy Independence and Security Act of 2007, the bill's architects presumably expected that E85 sales would take up any slack. The fact that that hasn't happened does not justify creating a new outlet for additional ethanol in automobiles not designed to accommodate it, any more than it would justify running a new fuel through infrastructure that has been shown not to be up to the challenge. If EPA doesn't revisit the more comprehensive aspects of this question as part of its deferred decision on allowing E15 for cars made before 2007, then perhaps it's time for another government agency with a broader charter to take over this issue.

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Splitting the Baby on E15

I've been going over the EPA's ruling yesterday partially granting the waiver request from Growth Energy, an ethanol trade association, to allow gasoline with up to 15% ethanol to be used in cars not specifically designed as flexible fuel vehicles. The request had created a serious dilemma for the EPA, because granting it could jeopardize the integrity of millions of consumers' car engines and fuel systems, but turning it down would call the entire national renewable fuels strategy into question. What looks like the agency's attempt to find a middle ground that could satisfy all parties might turn out to have little practical impact on the ethanol market for some time, while still unleashing a potentially very disruptive shock wave on the entire motor fuels industry in this country.

If that sounds contradictory, you have to look at the specifics of what the EPA has agreed to here, and overlay them on the highly-competitive, relatively low-return network of gasoline blending, distribution and sales infrastructure through which it must eventually feed. Instead of approving E15, a blend of 15% ethanol and 85% gasoline for all vehicles, or even just for vehicles produced since 2001--as many had speculated they would--the agency has only given the green light for putting this fuel into cars made in the last four years. I might note that this interval includes some of the lowest US car sales rates in recent memory, so yesterday's ruling affects just a fifth or so of the total US light-duty vehicle fleet. The decision for another tranche of cars built between 2001-2006 is to be made after further study, perhaps by the end of the year.

In essence this means that no fuel producer can afford to stop supplying the E10 (or less) fuel that is compatible with all those pre-2007 cars, and precious few retailers are likely to take a bet on switching one of their tanks to a new fuel that only a fraction of their customers can take advantage of, once all the other legalities of introducing E15 into the market have been satisfied. So while this decision might seem to be about promoting the use of more home-grown, renewable fuel in preference to petroleum products that depend on deepwater wells and foreign suppliers, its implementation hinges on a very lopsided business decision for a group of mainly independent fuel retailers and distributors, rather than the major oil companies whose brands we see on filling station polesigns.

A retail gas station has a finite number of product dispensers drawing on an even smaller number of underground storage tanks. In order for a retailer to introduce a new fuel without ripping up the forecourt (which entails being out of business for several months and possibly longer, should he have the misfortune to discover a leak in the process) then he must do the math on how many gallons per month of the new product he might sell, and at what margin, against how many gallons and how much margin he'd lose from the discontinued product. This is the dynamic that has contributed to the excruciatingly slow lift-off of E85, which is at the heart of why E15 even became an issue. It was never supposed to be necessary, because the extra ethanol mandated under the federal Renewable Fuel Standard (RFS) was intended to be sold in big, 85% at-a-time chunks, not little 10-15% slices, and into a gasoline market that was still growing at its historical 1-2% per year clip.

So as a retailer--a small and not very lucrative business--do you give up premium unleaded? Seems an obvious choice, since it's probably your lowest-volume offering. But unless you have a dedicated mid-grade tank, you need premium to blend in the pump to make mid-grade, which accounts for more of your sales. Worse yet, your margin per gallon on premium is your best, followed by your margin on mid-grade. Or you could give up diesel, though if you do, you'll never see those customers again: not on the forecourt, and not in your store, where you make much of your monthly profit. The alternative is an expensive investment in a new tank and dispenser, against a highly questionable return. By now it should be obvious this is a losing game for retailers, who as far as I can see would choose to continue to sell E10 to everyone, including post-2006 cars affected by the E15 ruling, and just ignore the EPA.

The folks who won't be able to ignore the EPA will be the refiners and major fuel blenders. That's because they continue to fall under the authority of the steadily increasing RFS mandates, requiring them to sell a higher percentage of biofuel every year until 2022, or pay large penalties. And while the EPA was kind enough to reduce the mandate for cellulosic ethanol last year and this year--for the very good reason that it isn't yet available in the expected quantities--the chances of getting a waiver in the future because a company has run out of room to blend ethanol into E10 look pretty low, when the EPA can just insist that you make E15 or E85, both now legal. This sets up a situation in which suppliers will shortly need to induce their retailers to take on one or both of these products and make it worth their while, further depressing the margins in this part of the business and making an exit strategy even more attractive.

It's hard to gauge exactly what this could mean for consumers. At a minimum, it might lead to drivers of older cars pulling into some gas stations only to find that the unleaded fuel advertised on the sign is actually not compatible with their particular car. (The EPA as part of yesterday's ruling has promised pump labeling sufficiently clear that no one will fill up with E15 by mistake.) Or in a bigger station, all the E10 pumps might be over on one side of the convenience store, and all the E15 pumps on the other. And of course this raises the awkward question of why consumers would ever consciously choose to fill up with a fuel containing at least 2% fewer BTUs and thus offering 2% lower mpg and range, unless it's going to be cheaper for them--which is inconsistent with E15 carrying sufficiently higher margins to make it worth the retailer's effort to sell.

The result looks like a dog's breakfast, although I can't honestly say I'd have ruled much differently if I were running the EPA and only charged with upholding the RFS and making this ruling on the basis of whether it would increase the overall pollution from the affected vehicles, rather than on whether its policy and ostensible environmental benefits outweigh its costs and risks for vehicle longevity and consumer value. The EPA's supporting documents included evidence that a significant proportion of E10 already approaches 11% ethanol, so E15 means routinely exposing engines and fuel systems to a mix of 16% or more ethanol, even if they were only designed with 10% in mind. Who will bear the liability for the expensive repairs that some cars will require? There are few aspects of this situation that offer consumers any upside, but I see ample downside, if only from having to bear the additional costs that will be passed on by retailers who are in no position to absorb them.

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