We appreciate the opportunity to provide comments and recommendations in response
to the October 14 E15 Scoping Workshop. Growth Energy is the world’s largest
association of ethanol producers, representing 97 producer plants, more than 130
associate members up and down the supply chain, and tens of thousands of biofuels
supporters across the country. Together, we are working to bring better and more
affordable choices at the fuel pump to consumers, improve air quality, and protect the
environment for future generations.
Given our experience and expertise in the regulation of ethanol and our efforts to expand
the domestic market for higher blends, we have provided the following recommendations
for the state of California to consider so that consumers can benefit from E15 access as
soon as possible.
E15 Should Be Considered and Regulated as California RFG (CaRFG)
In every market E15 is available, it is treated and regulated as gasoline fuel. It is also
offered alongside E10 gasoline. The California Air Resources Board (CARB) should align
with its sister agency the California Department of Food and Agriculture’s (CDFA) Division
of Measurement Standards1 and the U.S. Environmental Protection Agency (EPA)2
in
1 https://www.cdfa.ca.gov/dms/programs/Petroleum/docs/e15_faq.pdf
2 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-U/part-1090/subpart-A/section-1090.80
2
characterizing E15 as gasoline rather than a flex fuel or alternative fuel. In particular,
Growth Energy supports CARB’s codification of the practical approach to implementing
AB 30 that it took in initial guidance at the October 14 Scoping Workshop on E15 Use in
California (Workshop). Specifically, CARB requires the petroleum, CARBOB portion of
E15 to meet normal California reformulated gasoline regulations, allows blending with
10.5% and 15% ethanol, and requires the finished E15 to meet normal CaRFG standards,
except for oxygen content.3 We appreciate CARB’s reiteration of this in the AB 30
Frequently Asked Questions document released on November 10.4 Formalizing this
interim approach through codification of CaRFG specifications for E15 is both efficient
and consistent with other jurisdictions’ and other California agencies’ treatment of the fuel.
Were CARB to regulate E15 as an alternative fuel, it would create more uncertainty and
raise more questions regarding the dispensing of E15. For instance, without significantly
and unnecessarily overhauling a number of fuel regulations, the only fuel retail stations in
California that would be capable of dispensing E15 without costly equipment upgrades
may be stations already offering E85. The expense to upgrade equipment to dispense
E15 as an alternative fuel would be prohibitive to widespread adoption in the California
market. Therefore, for ease of adoption and in line with the federal definition of E15 as a
gasoline, we strongly encourage CARB to regulate E15 as a CaRFG fuel.
Growth Energy disagrees with comments made during the Workshop suggesting that
were E15 regulated as CaRFG, the fuel specification for CaRFG would have to change
such that E15 would be mandated and E10 would no longer be eligible for sale in the
state. This is incorrect as a regulatory matter and a mischaracterization of precedent in
other states. CARB retains discretion to promulgate fuel specifications for CaRFG under
both E10 and E15 formulations. Moreover, a multitude of markets requiring low-RVP and
RFG fuels offer E15 alongside E10.5 Currently, there are 556 retail locations in 11 RFG
jurisdictions offering E15 alongside E10. Not dissimilar to California today, states with
RFG markets are able to maintain fuel specifications for E10 and E15 simultaneously by
incorporating ASTM standards by reference, such as D4814 (Standard Specification for
Automotive Spark-Ignition Engine Fuel)
6 and D4806 (Standard Specification for
Denatured Fuel Ethanol)
7
, with some including supplemental tabulated values that govern
3 Oct. 14 Workshop Slides at 14.
4 https://ww2.arb.ca.gov/resources/fact-sheets/ab-30-frequently-asked-questions
5https://www.getbiofuel.com
6 https://store.astm.org/d4814-25.html
7 https://store.astm.org/d4806-25.html
3
fuel properties and components. One recent successful example is Arizona, which
incorporated E15 into its cleaner burning gasoline regulations.8
In sum, continuation of
CARB’s interim policy that treats E15 as a gasoline product is the best path forward for
regulatory efficiency and to ensure market certainty for fuel suppliers and retailers.
Addressing Retail Equipment Compatibility
Currently, CARB, the State Water Resources Control Board (WRCB), the Office of the
State Fire Marshal (OSFM), and other associated agencies require retail fuel storage and
dispensing equipment to be certified by Underwriter’s Laboratory (UL) or a similar
nationally recognized laboratory for approval to dispense fuel in the state. During the
federal approval process for E15, the Obama administration’s EPA allowed for a
manufacturer’s statement of compatibility or a manufacturer’s warranty statement for E15
in lieu of UL testing and certification for Underground Storage Tank (UST) systems.
9
Manufacturers have long provided statements of compatibility for tanks of various design
and materials of construction, with many rated up to E100.
10 This has proven safe and
effective in all 34 states in which E15 is sold. Also, a recent advisory provided by the
WRCB to Unified Program Agencies and UST Owners and Operators provided guidance
that allows the use of manufacturer’s statements as a method to demonstrate
compatibility of numerous components within the UST system.11
Retail fuel dispensing equipment also has a robust history of compatibility with E15. More
than 90 percent of dispensers in-use nationwide are from companies with equipment
warrantied for E15 or higher: All Wayne dispensers in service today carry a warranty for
and are compatible with E15. Meanwhile, all Gilbarco dispensers installed since 2008
have the same warranty. Additionally, hanging hardware (hoses, nozzles, breakaways,
etc.) is also often compatible with E15. This is evidenced by manufacturer’s warranty
statements indicating compatibility, including numerous from the CARB Phase II
Enhanced Vapor Recovery program. This enhanced compatibility is largely due to
materials of construction for this equipment having been developed in accordance with
aggressive test fuels and often certified using fuels with safety margins extending up to
8 https://apps.azsos.gov/public_services/register/2023/5/contents.pdf
9 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-280/subpart-C/section-280.32
10 https://afdc.energy.gov/files/u/publication/ethanol_handbook.pdf
11 https://www.waterboards.ca.gov/ust/docs/2025/ust-e15-letter.pdf
4
(or beyond) 15 volume percent ethanol. Aggressive test fuels contain increased aromatic
and ethanol content with higher inclusion rates of contaminants such as water, peroxides,
or acids, according to SAE J1681.
12 An example of a test fuel containing higher safety
margins of ethanol content is ASTM Reference Fuel H, used in UL330 for hose and hose
assemblies.
13
Overall, these characteristics have allowed authorities having jurisdiction (AHJs) to
approve equipment using a manufacturer’s statement in addition to, or in lieu of, existing
certifications. This method of approval is also supported by equivalency language
provided in NFPA30/30A.14,15 Alternatively, in states such as Iowa, the State Fire Marshal
used enforcement discretion, based on information provided by UL regarding its testing
parameters16, to accept all UL87 listed equipment compatible with E10 as also compatible
with E15. This determination is noted on page 5 of the Class 2 Waiver for the Iowa E15
Access Standard17, and provided by the authority granted in Iowa Code Section
455G.31.
18 To date, Iowa has reported no adverse effects from this regulatory decision
on compatibility.
The thorough nature of design requirements for California fuel dispensing hardware,
combined with policy such as requiring the permanent closure of single-walled
underground storage tanks, places the state in a position to leverage relatively modern
fueling infrastructure and minimize cost and schedule for fuel retailers to effectively offer
E15.
We urge CARB, OSFM, and other involved agencies to continue the acceptance of
manufacturer’s statements of compatibility, or manufacturer’s warranties, for approval to
store and dispense E15 in California, bringing the state in line with federal guidance and
the regulatory and approval practices of the 34 states currently offering E15.
12 https://www.sae.org/standards/j1681_202305-gasoline-alcohol-diesel-fuel-surrogates-materials-testing
13 https://www.shopulstandards.com/ProductDetail.aspx?UniqueKey=38520
14 https://www.nfpa.org/codes-and-standards/nfpa-30-standard-development/30
15 https://www.nfpa.org/codes-and-standards/nfpa-30a-standard-development/30a
16 https://www.cspdailynews.com/fuels/ul-announces-new-e15-dispensing-directive
17 https://iowaagriculture.gov/sites/default/files/weights/E15_Class2_Waiver_Information.pdf
18 https://www.legis.iowa.gov/docs/code/455G.31.pdf
5
Phase II Enhanced Vapor Recovery
With California’s unique requirements on enhanced vapor recovery (EVR) and the
inability previously to offer E15, there are currently no EVR systems approved for E15 in
the state. Given the lower volatility of E15 compared to E10, current E10-approved EVR
systems will easily suffice. As described in the Tier I Report of the E15 MME, previous
literature review and testing of RVP characteristics for both E10 and E15 have
demonstrated that the two fuels are indistinguishable.19 The Tier II Report of the E15 MME
also found that differences in evaporative emissions of E10 and E15 are statistically
insignificant.20
Vapor Balance Phase II EVR systems represent a vast majority of the market and should
be approved under the same standards as vacuum-assisted systems due to the
similarities of E10 and E15 and the proven history of compatibility of E10 listed equipment
to store, handle, and dispense E15.
CARB’s AB 30 FAQ referenced the need to certify EVR systems for use with E15. Given
the “statistically insignificant” differences in evaporative emissions, we recommend CARB
re-issue Executive Orders VR-20321 and VR-20422, and others as necessary, to ensure
that maximum ethanol concentrations of 15 volume percent are allowed for all Phase II
Vapor Recovery systems. This will help accelerate E15 adoption in the state without the
need for retailers to wait while testing is conducted on EVR equipment for a fuel with
evaporative emissions that are statistically indistinguishable from its approved fuel of E10.
CARB’s Concerns Over Misfuelling Are Unfounded, Mitigated by EPA Regulations
During the Workshop, CARB requested feedback on misfuelling incidents and whether
California should consider “any additional restrictions beyond” what is required by the
EPA to prevent misfuelling. As we noted in 2022 comments to the EPA on the Renewable
Fuel Standard, “even EPA has acknowledged that misfuelling fears are speculative and
likely unfounded.”23 Indeed, EPA cited “no evidence that misfuelling commonly occurs or
19 https://ww2.arb.ca.gov/sites/default/files/2022-07/E15_Tier_I_Report_June_2020.pdf
20 https://ww2.arb.ca.gov/sites/default/files/2025-03/E15_MME_Tier_II_Report_July_2023.pdf
21 https://ww2.arb.ca.gov/sites/default/files/2024-01/vr203AD_lgl_c.pdf
22 https://ww2.arb.ca.gov/sites/default/files/2024-01/vr204ad_lgl.pdf
23 https://growthenergy.org/wp-content/uploads/2022/02/Growth-Energy-RVO-Comment_Exhibits.pdf
6
is otherwise a legitimate concern.” In fact, over the course of a ten-year period, data
shows there have been no incidents attributing the use of E15 to engine damage or
“inferior performance.”24
EPA currently requires fuel retailers offering E15 to follow a rigorous blueprint that
includes plans on how to mitigate and prevent misfuelling and a compliance survey plan,
while fuel and fuel additive manufacturers are required to register their product with the
EPA under 40 CFR Part 79.25
We appreciate CARB and their partner agency CDFA’s release of documentation showing
that only the federal label prescribed in 40 CFR 1090.1510 is required.26 We believe the
combination of the required Misfuelling Mitigation Plan and the required federal label
provide sufficient and robust protections for consumers and retailers. Any additional
labels, warnings, or guidance beyond those requirements are unwarranted and would
unnecessarily confuse California drivers and dissuade them from using an acceptable
and compatible fuel.
E15 Adoption Rates, Potential Cost Impacts Largely Depend on Regulatory
Decisions
Among the questions raised during the Workshop is the value to California consumers
and the costs to retailers for infrastructure improvements. The cost to retailers and its
impact on E15 adoption rates will ultimately be determined by the decisions made and
actions taken by CARB, OSFM, and other regulatory agencies involved.
We have seen significant growth in the number of fuel retail locations in states that have
embraced E15, treating it as a gasoline rather than alternative fuel. In 2019, there were
just over 2,000 fuel retail locations in the country offering E15. That number has since
grown to more than 4,500 locations in just six years.
24 https://www.americasfuel.com/engine-performance
25 https://www.epa.gov/fuels-registration-reporting-and-compliance-help/e15-fuel-registration#mmp
26 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-U/part-1090/subpart-P/subject-groupECFR5fdfb67ce1d6cec/section-1090.1510
7
As we have detailed above, there are simple and uncontroversial equipment compatibility
determinations that CARB and OSFM can make for dispensing equipment and Phase II
EVR systems that leverages existing infrastructure and streamlines equipment
compliance, unlocking savings for consumers while providing necessary and appropriate
environmental protections. Taking the wrong approach on how E15 is regulated,
equipment compatibility decisions, and methods of dispensing will effectively lock E15 out
of wide swaths of California’s fuel market.
1. Requiring new dispensers could easily escalate typical E15 conversion costs by
more than four times, while requiring new tanks could escalate conversion costs
by well over fifteen times.27 Utilizing manufacturer’s statements as proof of
compatibility, ensuring that E15 may be dispensed from shared infrastructure with
E10, and regulating E15 as a gasoline product, have been a proven way to keep
conversion costs very low while maintaining safe operation and robust fuel quality.
2. Failing to amend Executive Orders VR-203 and VR-204 or taking other expeditious
action to clear vapor recovery-related barriers will cause a lengthy delay in E15’s
entry into California’s fuel market with no animating environmental cause of
concern. As mentioned above, testing during the multimedia evaluation of E15
27 https://www.energy.gov/sites/prod/files/2019/02/f59/USDRIVE_FWG_PotentialImpactsIncreasedEthanolBlendLevel.pdf
8
yielded no statistically significant differences in evaporative emissions between
E10 and E15. In fact, as ethanol content of a fuel increases, its evaporative
emissions decrease.28 As a result, E15 is more than suitable for Phase II EVR
systems currently approved for E10, a slightly more volatile gasoline.
3. Of the 34 states in which E15 is being offered, regulating agencies have accepted
manufacturer’s statements of compatibility in lieu of a UL certification or
certification from a nationally recognized laboratory. As mentioned above, more
than 90 percent of dispensers in use nationwide are from companies with
equipment warrantied for E15 or higher. We urge CARB, OSFM, and other involved
agencies to accept the manufacturer’s statements of compatibility or
manufacturer’s warranties for approval to dispense E15 in California in lieu of UL
listing, bringing it in line with federal guidance and the regulatory and approval
practices of the 34 states currently offering E15.
28 https://growthenergy.org/policy-priority/e15-and-higher-ethanol-blends/
9
Conclusion
California has the opportunity to utilize E15 with a greater environmental and climate
benefits than any other state currently allowing its sale. Given California’s status as a
mandatory RFG state, E15 can be sold year-round without annual summer RVP waivers
or other EPA regulatory action. With the passage and signing into law of AB 30, California
has the opportunity to provide energy cost savings at the pump with a lower carbon fuel
in as little as a few weeks, provided the correct regulatory decisions are made. We
encourage CARB to align its regulatory approach with the other states currently offering
E15, providing certainty, clarity, and uniformity in the market without any negative
environmental or economic impacts.
Sincerely,
Christopher P. Bliley
Senior Vice President of Regulatory Affairs
Growth Energy
November 17, 2025
Matt Botill
Division Chief
Industrial Strategies Division
1001 I Street
Sacramento, CA 95814
Via electronic submission
RE: E15 Scoping Workshop Public Comments
Mr. Botill:
The post Growth Energy Public Comments on California E15 Scoping Workshop appeared first on Growth Energy.
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The TOBI award for Technical & Regulatory was presented to Dr. Bob McCormick. Dr. McCormick’s research has amassed over 16,000 citations and has been instrumental in advancing new ethanol markets, from mid-level blends to aviation and marine fuel. As a senior research fellow and platform leader for fuels and combustion research at the National Laboratory of the Rockies, Dr. McCormick’s expertise is critical to accelerating bioethanol adoption across all applications.
