EPA plans independent review of diesel sulfur rule

Oct. 1, 2001
The US Environmental Protection Agency expects to conduct an "independent review" of its controversial low-sulfur diesel rule in mid-2002.

The US Environmental Protection Agency expects to conduct an "independent review" of its controversial low-sulfur diesel rule in mid-2002.

The blue-ribbon panel will include representation by the oil industry, environmental groups, state regulators, and automakers, EPA said last week.

Last June, EPA signaled it would pursue an independent study to take a second look at the rule, which the agency implemented during the administration of President Bill Clinton.

The current rule would force refiners to meet a 15 ppm standard in 2006 on 80% of diesel supply. The remaining 20% would be phased in by 2010 (OGJ Online, June 6, 2001).

Panel makeup

EPA said no specific persons are under consideration for the panel, which will focus on industry's progress to date in meeting the rule.

A few refiners say they can meet the standard in time. But most say the regulation is too stringent and are suing to prevent the agency from carrying out the rule. EPA says the lead times are sufficient, and environmental groups say the rule is needed to bolster air quality.

Environmental groups and automakers deem the review a waste of time. Their spokesmen said the groups plan to be actively involved in the panel to ensure that EPA does not turn its back on the rule.

Oil industry protests

Meanwhile, the oil industry has lodged complaints against the rule with the White House Council on Environmental Quality and to Vice-Pres. Dick Cheney.

Industry has gotten a sympathetic reception at the Department of Energy, where some policymakers are concerned that the rule may be too much of a strain on supply, given the short time frame.

Briefs in the pending diesel sulfur lawsuit are due Oct. 1. EPA predicted the legal battle would be protracted.