Ethanol blend suppliers should mark shipping papers accurately, according to information from the New England Fuel Institute (NEFI).
NEFI noted in its newsletter, NEON, that the Environmental Protection Agency (EPA) has issued a letter to gasoline retailers warning that it is illegal to sell ethanol blends above E-10 for use in gasoline-only vehicles and engines.
In addition, NEFI noted that the agency was silent on steps suppliers should take to prevent liability for misfueling that occurs on the retail level. A supplier may potentially be held liable for misfueling if the supplier knew or should have known that ethanol blends delivered to the retail site were being used to fuel gasoline-only vehicles and engines.
NEFI said that according to EPA, the illegal sale of blends over E-10 to consumers with gasoline-only vehicles and engines exposes retailers and possibly their suppliers to significant civil penalties under the Clean Air Act. The EPA letter recommended dispenser label warnings and other measures for blends over E-10 to prevent retailer liability for misfueling.