The Western States Petroleum Association (WSPA) has filed suit against the California Air Resources Board (CARB) over a regulation it claims may worsen rather than improve air quality in California.
WSPA is challenging a CARB regulation that it contends would allow vehicles operating on M85, a blend of 85% methanol and 15% gasoline, to emit more pollutants that similar vehicles fueled solely by gasoline.
The association said the regulation purports to equalize the air quality effects of different fuels by determining the extent to which emission from these fuels react in the atmosphere to form ozone, or the reactivity adjustment factor (RAF).
In late September, CARB sent the regulations to the California Office of Administrative Law (OAL) for final legal approval. OAL upheld the regulations on Nov. 9. WSPA filed suit after exhausting its administrative options.
INCREASED EMISSIONS
"CARB acknowledges that this regulation will lead to greater emissions from these alternate fuel vehicles," WSPA said.
"In testimony before the board, Dr. Harvey Jeffries of the University of North Carolina warned that this regulation may actually aggravate the problem-the additional emission producing more ozone than would be the case if the regulation were not adopted."
The regulation involved was adopted by CARB on Nov. 14, 1991, establishing an RAF of 0.41 for "transitional" low emission vehicles-in the sense of a transition to zero emission vehicles-operating on M85. The RAF standards were based on California exhaust emission test procedures for 1988 and subsequent model year passenger cars, light duty trucks, and medium duty vehicles.
Fuels with a lower RAF factor would be allowed higher overall levels of emissions than those with a higher RAF factor. That, says industry officials, puts reformulated gasoline, with a higher RAF factor, at a considerable disadvantage in California.
SCIENCE QUESTIONED
In fact, says WSPA, the regulation does not take into account an emitted pollutant's maximum incremental reactivity-what happens when an emission reaches the atmosphere.
The bigger fear for industry is that other states or the federal government may eventually adopt the California emission standards, as has been the case with many other air quality regulations.
"This regulation was based on science that is uncertain and controversial," said WSPA Executive Director Douglas Henderson.
"We believe the Air Resources Board acted hastily and inappropriately in adopting a regulation that was criticized by members of its own team of experts and other renowned scientists as clearly needing further work."
CARB has acknowledged that uncertainties in its work will require the agency to revise these regulations every 3 years, WSPA pointed out.
WSPA contends there is a scientific consensus that no reliable method exists to accurately calculate the relative ozone effects of emissions produced by methanol, conventional gasoline, or any other fuel and that the effects of these emissions varies widely with changes in weather and environmental conditions.
During the rulemaking process, WSPA argued the regulations were based on flawed science that could not support CARB's conclusions.
"In essence, the board's action mistakenly conveys the impression that M85 is an environmentally superior fuel," Henderson said.
"We are concerned about a regulation that could actually worsen air quality, especially when the scientific basis is in such dispute."
CARB will hear testimony on its proposed RAF for reformulated gasoline on Dec. 10.
The agency intends to enact similar regulations for other alternate fuels later.
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