By the OGJ Online Staff
WASHINGTON, DC, Oct. 5 -- The US 9th Circuit Court of Appeals has granted fuel ethanol supporters a voice in California's legal debate of reformulated gasoline.
The state says the US Environmental Protection Agency should not have denied California's request to waiver the oxygenate standard from RFG under federal clean air rules. It now is suing the agency in federal court. Congress has yet to act on the issue.
Two groups, the Renewable Fuels Association and the National Corn Growers Association, sought to intervene in the case last month, hoping to maintain an oxygenate standard in reformulated gasoline.
In June EPA denied California's request for a waiver from the federal oxygen standard of the Clean Air Act. The state has banned methyl tertiary butyl ether and said there is not enough ethanol available to replace it (OGJ Online, Sept. 17, 2001).
"The RFA is pleased the court recognized the expertise we can bring to the discussion regarding ethanol and air quality issues," said Bob Dinneen, president of the RFA.
The court also will allow Chevron USA Inc., the South Coast Air Quality Management District, and Western States Petroleum Association to participate in the case. Industry supports California's waiver request.
California's opening brief is due Nov. 19. Chevron and other groups supporting California's view have briefs due Dec. 3. The EPA brief is due Jan. 2, 2002. RFA and NCGA briefs supporting EPA are due Jan.16, 2002.
