New Lawsuit Threatens EPA's Ethanol Blending Decision

The National Petrochemical and Refiners Association yesterday filed a lawsuit against the Environmental Protection Agency over EPA's decision to use as much as 15 percent ethanol in gasoline for vehicles from model year 2007 or later.

The National Petrochemical and Refiners Association yesterday filed a lawsuit against the Environmental Protection Agency over EPA's decision to use as much as 15 percent ethanol in gasoline for vehicles from model year 2007 or later. According to NPRA, it filed the legal action because it contends that the Clean Air Act does not authorize such a partial waiver for 15 percent ethanol in later model-year cars.

In October, EPA announced that it would allow E15 in later model vehicles, but not in vehicles older than the 2007 model year. In that announcement, the agency indicated that it might allow E15 to be used in older model vehicles if testing currently underway indicated that action would be safe.

Ethanol content in gasoline had been limited to 10 percent, based on concerns ethanol's corrosive properties would damage engine parts if allowed at higher concentrations. Ethanol producers have pushed for the higher limit.

NPRA and other critics of the EPA decision maintain that owners of vehicles older than model year 2007 will unknowingly use the E15 blend. The NPRA lawsuit joins another one filed Dec. 20 by the Alliance of Automobile Manufacturers and other groups challenging the E15 decision.

NPRA President Charles Drevna said in a statement, "The organizations challenging EPA's decision believe the agency has acted unlawfully in its rush to allow a 50 percent increase in the amount of ethanol in gasoline without adequate testing and without following proper procedures. As a result, we had no choice but to take this issue to court." 

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