Pennsylvania’s alternative fuel economy has confronted a regulatory roadblock, which requires urgent attention and swift action. The Vehicle Code has an outdated, untenable threshold for the E85 fuel standard, challenging flex-fuel vehicle owners and gas station retailers throughout this Commonwealth.
The definition of Alternative Fuels Tax (75 Pa.C.S.   9002) encompasses E85 fuel as containing at least 85 percent ethanol. However, this statutory requirement conflicts with the U.S. Department of Energy’s flex-fuel standard and the ASTM International D5798 standard, which conclusively define E85 fuel as containing 51 percent to 83 percent ethanol. Ethanol blends meeting the 85 percent threshold (i.e., current law) are not commercially available anywhere in the alternative fuel market, creating an unachievable standard and undermining the ability of our gas station retailers to promote alternative fuels.
My legislation has a simple fix to modernize the E85 fuel standard as containing 51 percent to 83 percent ethanol. Please join me in co-sponsoring this common-sense solution, which will sustain Pennsylvania’s flex-fuel economy.