EPA denies state requests for oxygenate waivers

June 13, 2005
The US Environmental Protection Agency June 2 denied requests by California, New York, and Connecticut for waivers from the 2 wt % oxygen content requirement for reformulated gasoline.

The US Environmental Protection Agency June 2 denied requests by California, New York, and Connecticut for waivers from the 2 wt % oxygen content requirement for reformulated gasoline.

The decision means fuel marketers in the states, which have banned use of the alternative oxygenate methyl tertiary butyl ether, will continue blending ethanol into reformulated gasoline before sale. MTBE has leaked into supplies of drinking water.

“Congress has required the use of oxygenates as part of the clean fuels program and has made it clear that this requirement can only be waived if a state demonstrates that it prevents or interferes with the state’s ability to meet national air quality standards,” said EPA Assistant Administrator of Air Jeff Holmstead. “California, New York, and Connecticut did not make this demonstration.”

EPA said in a statement that New York and Connecticut didn’t submit technical data needed to determine the effect of the requested waivers on emissions and air quality.

“Without this information, EPA could not evaluate whether the oxygen content requirement prevents or interferes with attainment of the smog or particulate matter standards,” it said.

EPA said California didn’t prove that emission effects of a waiver “would lead to any earlier attainment of the air quality standards for smog or particulate matter than would occur without a waiver.”

The agency said it agreed with California’s claim that an oxygen content waiver would decrease vehicle emissions of substances that form ozone smog and of particulate matter but argued, “The overall impact on emissions is slight.”

It said a waiver likely would decrease total emissions of volatile organic compounds and nitrogen oxides, both ozone precursors, but increase emissions of carbon monoxide.

California requested a waiver in 2001 and won a court case challenging EPA’s denial. EPA based its second denial on new information from California and on analyses conducted after the court vacated its denial of the first waiver request.