Nick Snow
OGJ Washington Editor
WASHINGTON, DC, Nov. 10 -- The American Petroleum Institute and nine national food and retail industry trade associations asked the US Appeals Court for the District of Columbia on Nov. 9 to review the US Environmental Protection Agency’s Oct. 13 partial waiver allowing ethanol limits to rise to 15% in gasoline sold to 2007 and newer model year cars and light trucks.
The groups contend that EPA’s decision was premature, lacks statutory authority, and was made before thorough testing to determine the new fuel blend’s safety, performance, and environmental impacts has not been completed. Ethanol’s present allowable limit in gasoline is 10%.
“Ongoing testing by our industry and the US Department of Energy to determine whether E15 is safe has not been completed,” said Bob Greco, API’s downstream operations director. “Results so far have revealed potential safety and performance problems that could affect consumers and the investments they’ve made in their automobiles.”
He said the US oil and gas industry is the nation’s largest ethanol consumer, and supports a workable renewable fuel standard and a responsible introduction of increased biofuels in a manner that protects motorists. “Rushing to allow more ethanol before we know it is safe could be disastrous for consumers and could jeopardize the future use of renewable fuels,” Greco warned.
Growth Energy, an ethanol advocacy group which sought the waiver from EPA, responded that the food trade associations, which include the Grocery Manufacturers Association and the American Frozen Food Institute, are challenging EPA’s decision to slow down progress on renewable fuels.
“In 2008, these big food companies gouged consumers while trying to shift the blame to America’s ethanol producers and farmers, so we’re not surprised by their actions today,” said Growth Energy chief executive Tom Buis. “We will fully evaluate their lawsuit, but the expansion of renewable fuels in America should be based on science. As extensive testing has shown, E15 is a good fuel for American motorists.”
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