The Climate Report - Winter 2011
On November 4, 2010, U.S. EPA
partially granted ethanol producers' request for a Clean
Air Act waiver allowing use of gasoline containing up to 15 percent
ethanol by volume, known as "E15." While the application
sought a waiver for use of E15 across the board, EPA granted the
waiver only with respect to model year 2007 and newer light-duty
motor vehicles, because those vehicles have more sophisticated
emissions control systems. In addition, EPA's testing showed
that when used with E15, emissions deterioration rates over the
useful life of the vehicles were not significantly different than
when used with gasoline containing no ethanol. EPA rejected the
waiver with regard to model year 2000 and older light-duty motor
vehicles, heavy-duty motor vehicles, motorcycles, and non-road
products, because such vehicles and products have less
sophisticated emissions control systems that may not meet emissions
standards if used with E15.
On November 9, 2010, various food, restaurant, meat, and petroleum
associations filed a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit. Grocery Mfrs.
Ass'n v. U.S. Envtl. Prot. Agency, No. 10-1380 (D.C.
Cir.). The petitioners argue that the waiver is premature, because
the testing is insufficient to show that use of E15 will not cause
or contribute to the failure of emissions control devices, and that
EPA lacks statutory authority to grant the partial waiver.
Growth Energy, the ethanol producers' trade association that
applied for the E15 waiver, has moved to intervene in partial
support of EPA, stating that while it "reserves the right to
challenge certain aspects of the EPA's waiver decision, it has
a direct and substantial interest in defending the grant of a
waiver and the EPA's authority to grant a waiver in the
circumstances of this case." Motion of Growth Energy for Leave
to Intervene at 4, Grocery Mfrs. Ass'n v. U.S. Envtl. Prot.
Agency, No. 10-1380 (D.C. Cir. Dec. 6, 2010). The industry
petitioners do not oppose the motion, and EPA has indicated that it
will take no position.
Two more challenges to the waiver have been filed recently:
Alliance of Automobile Manufacturers v. EPA, No. 10-1414
(D.C. Cir.), and Petrochemical & Refiners Assn. v.
EPA, No. 11-1002 (D.C. Cir.). Procedural motions are due
January 14, 2011, and dispositive motions are due January 28,
2011.
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