The E-15 Access Standard Act (Act), Neb. Rev. Stat. §§66-2208 to 66-2218, was adopted by LB562 of 2023. E-15 Access Standard Act
Section 66-2211 of the Act provides that beginning January 1, 2024, if a retail dealer constructs a new retail motor fuel site or replaces more than eighty percent of the motor fuel storage and dispensing infrastructure located at an existing retail motor fuel site, the retail dealer shall advertise for sale and sell E-15 gasoline from at least fifty percent of all qualifying motor fuel dispensers located at such retail motor fuel site unless the retail dealer has filed a statement with the Nebraska Department of Agriculture under §66-2215 of the Act in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.
Section 66-2211 further provides that a retail dealer owning or operating a retail motor fuel site is not prohibited from advertising for sale and selling motor fuel site is not prohibited from advertising for sale and selling motor fuel from any number of nonqualifying motor fuel dispensers and it is not a violation if a retail dealer is out of compliance with this section while (a) temporarily maintaining, repairing, or reconditioning motor fuel storage and dispensing infrastructure or (b) temporarily installing, expanding, replacing, or converting motor fuel storage dispensing infrastructure.
Section 66-2211 further states that If the statewide ethanol blend rate for 2027 is below fourteen percent as determined pursuant to section 66-2216 and the retail motor fuel site is not a retail motor fuel site described in subsection (1) of this section, then beginning January 1, 2028, the retail dealer shall advertise for sale and sell E-15 gasoline from at least one qualifying motor fuel dispenser located at such retail motor fuel site unless:
(a) A waiver has been issued under section 66-2213 because the motor fuel storage and dispensing infrastructure located at the retail motor fuel site is not compatible with the use of E-15 gasoline.
(b) The retail motor fuel site is exempt under section 66-2214 because all of the motor fuel storage tanks located at such site are listed with the State Fire Marshal as described in section 66-2214; or
(c) The retail dealer has filed a statement with the department under section 66-2215 in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.
Section 66-2212 provides that the Governor may issue or renew an executive order that temporarily suspends the E-15 access standard if there is an inadequate supply of E-15 gasoline or the market price of E-15 gasoline may cause consumers to suffer economic hardship.
The U.S. Environmental Protection Agency (EPA) defines E-15 as gasoline blended with 10.5% to 15% ethanol. In 2011, EPA approved E-15 for use in light-duty conventional vehicles of model year 2001 and newer, through a Clean Air Act waiver request, based on significant testing and research funded by the U.S. Department of Energy.
More information on ethanol and its benefits can be found on the Nebraska Commodity Boards’ websites:
What is E-15 gasoline? E-15 is a gasoline mixture that is comprised of 15% ethanol and 85% gasoline.
What is UNL88 or Unleaded-88? UNL88 or Unleaded-88 is a marketing term for E-15 gasoline.
What types of vehicles can use E-15 gasoline? Any vehicle model year 2001 and newer has been approved by the EPA for E-15 use. This represents more than 96% of the vehicles on America’s roads today.
Are there any vehicles that cannot use E-15 gasoline? Yes, any vehicles model year 2000 and older are prohibited from using E-15 along with all motorcycles, all heavy-duty vehicles (such as school buses and delivery trucks), all off-road vehicles (such as boats and snow mobiles) and, all engines in off-road equipment (such as chainsaws and gasoline lawn mowers).
Will E-15 damage my vehicles? Ethanol can help your car run better. It is a natural, biodegradable high-octane additive that can help reduce engine knock and pinging while also removing gum and other deposits from your fuel system. It also helps prevent your gasoline line from freezing in the winter months.
Will the use of E-15 gasoline affect my vehicle's warranty? While the EPA offers a clear guidance on the use of E-15 gasoline, some auto manufacturers may not. Since E-15 gasoline was only recently approved for use, some owner’s manuals for the 2001 through 2012 model years do not offer guidance on the use of E-15 gasoline since it was not an approved fuel when these vehicles were manufactured. It is likely that any 2012 model year and later model year owner’s manuals will contain such guidance. Owners of 2001 through 2012 model year cars should check with their auto manufacturer or an authorized dealership for guidance on using E-15 gasoline. The EPA has stated that manufacturers may not deny a warranty based on the use of a different fuel if that fuel did not cause the problem for which the warranty claim is made.
What is motor fuel storage and dispensing infrastructure? The Department of Agriculture has defined motor fuel storage and dispensing infrastructure as: motor fuel storage tanks, motor fuel pumps, fuel lines, and motor fuel dispensers.
What is a qualifying dispenser? A qualifying dispenser is a dispenser that is capable of dispensing motor fuel at all times that it is in operation.
What is a non-qualifying dispenser? A non-qualifying dispenser is a dispenser that exclusively dispenses any of the following: aviation fuel, diesel fuel, diesel exhaust fluid, kerosene, vehicles tank meters which do not dispense motor fuel on the premises of a retail motor fuel site, and dispensers operated as part of a commercial marina.
I am a smaller retail motor fuel site do I have to comply with the act? Yes, however there are a few exceptions that might be made. Was your station opened prior to 1/1/2024? Do you only have one qualifying motor fuel dispenser, or was your site’s average annual gasoline gallonage 300,000 or less for the most recent 3-year period? If so, you may qualify for a small retail motor fuel waiver. Please contact Weights & Measures Program Specialist Zach Leech at 402-471-6814 or by email at zachary.leech@nebraska.gov for more information.
How is my annual gasoline gallonage totaled? Gallonage is averaged from a 3-year period starting in 2024. For more information, please contact the Nebraska Department of Revenue.
I have older underground storage tanks that are not compatible with E-15 gasoline, is there an exception? Subsection (2) of 66-2211 shall not apply if all your motor fuel storage tanks are listed with the State Fire Marshal and fall within one of these following categories: (1) each motor fuel storage tank not constructed of fiberglass installed during or prior to 1985; or (2) each motor fuel storage tank constructed of fiberglass installed during or prior to: (a) for a double-wall fiberglass underground tank 1991; or (b) for a single-wall fiberglass underground tank 1996.
My station has storage and dispensing infrastructure that is not compatible with E-15 gasoline, is there a waiver available? Section 66-2213 provides a waiver for motor fuel sites with storage and dispensing infrastructure not compatible with E-15 gasoline. A retailer may apply by submitting an application to the department. This application shall be supported by credible evidence that the dealer is unable to comply with subsection (2) of section 66-2211 because the infrastructure is not compatible with the use of E-15 gasoline and the cost to replace said infrastructure would exceed fifteen thousand dollars as determined by a person certified by the department as a professional retail motor fuel site installer. This application shall include an inventory and description of the motor fuel storage and dispensing infrastructure located at the site. Please contact Weights & Measures Program Specialist Zach Leech at 402-471-6814 or by email at zachary.leech@nebraska.gov for more information.
I am a new retail motor fuel site opened after 1/1/2024 are there any available waivers for my site? No. All available waivers are only applicable to existing sites opened prior to 1/1/2024.
What are the benefits for my fuel site to sell E-15? A tax credit is being offered by the Nebraska Department of Revenue for motor fuel sites selling higher ethanol blends (E-15 and above). Contact the Department of Revenue at 402-471-5730 for more information.
Are there any special labeling requirements for E-15 gasoline? There are a few requirements for labeling on your dispensers. The type of oxygenate (ethanol) must be disclosed and shall be identified as “with” or “contains” ethanol. This information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver’s position in a type at least ½in in height and 1/16in in width.
The label must be conspicuous and legible; the EPA require the use of the orange federal labels. EPA requires the label be placed on the upper 2.3 of the dispensers where consumers will see the label and in a prominent position that makes clear which nozzle or button is dispensing E-15.
Where can I request label for my E-15 offering? The Nebraska Ethanol Board is providing complementary labels for your ethanol gasoline dispensers. Please visit the Nebraska Ethanol Board’s website to request labels. If you have any questions about labeling requirements, please contact Weights & Measures Program Specialist Zach Leech at 402-471-6814 or by email at zachary.leech@nebraska.gov.
Are the available waivers published online? Applications for the available waivers can be requested by contacting Weights & Measures Program Specialist Zach Leech by email at zachary.leech@nebraska.gov. The Department is required to publish all granted waivers to our website within ten days after the issuance of the order.
I purchased an existing gas station after 1/1/2024. Do I have to offer E-15 gasoline immediately after opening? No, you will only have to offer E-15 after you replace 80% of you dispensing infrastructure or if the statewide blend rate for 2027 is below 14%.
If you have any questions, please contact Weights and Measures Program Specialist Zach Leech at 402-471-6814 or by email at zachary.leech@nebraska.gov