Ethanol interests seek to intervene in EPA-California gasoline suit
By the OGJ Online Staff
WASHINGTON, DC, Sept. 17 -- Fuel ethanol supporters Monday said they have filed a motion with the US Ninth Circuit Court of Appeals to intervene in the case of California Air Resources Board vs. the US Environmental Protection Agency.
Two groups, the Renewable Fuels Association and the National Corn Growers Association, said they support the federal government's position to maintain an oxygenate standard in reformulated gasoline.
RFA represents fuel ethanol producers; NCGA speaks for corn farmers, who supply about 95% of the feedstock used to make fuel-grade ethanol in the US.
California officials say they need more flexibility meeting clean fuel rules in light of their decision to ban the use of methyl tertiary butyl ether by 2003. MTBE and fuel ethanol are the most commercially available fuel additives used to meet the 2 wt % oxygen standard for RFG.
MTBE is easier for refiners to use since it is pipeline fungible and sometimes is made on site. Ethanol, although subsidized, is often more expensive and less plentiful because it must be shipped by rail car long distances from production centers in the Midwest, refiners say.
Ethanol supporters say their industry is prepared to meet demand in California and other states considering a MTBE ban.
"The RFA and NCGA filed extensive data, analyses, and comments during the EPA's review of the California's request for an oxygen waiver and we want to ensure those findings are adequately brought to the attention of the court," said Bob Dinneen, RFA president.
In June EPA denied California's request for a waiver from the federal oxygen standard of the Clean Air Act. The state argued that ethanol could not replace MTBE. EPA found that California failed to prove that maintaining the standard through use of ethanol would be detrimental to the state's achievement of national ambient air quality standards. Such a finding is necessary by law before a waiver can be granted, RFA maintained.
"The EPA made their decision based on sound science and the law," said Dinneen. "Our brief will reinforce the EPA's finding and defend the interests of our members that are at stake in this proceeding. We remain confident the court will side with the EPA experts and deny California's appeal. The ethanol industry stands ready to supply California's entire demand for oxygenates."