Refiners Sue EPA Because of E15

The National Petrochemical and Refiners Association filed a lawsuit over partial approval of 15 percent ethanol gasoline.

January 05, 2011

WASHINGTON - On Monday, the National Petrochemical and Refiners Association (NPRA) has filed its own lawsuit against the U.S. Environmental Protection Agency (EPA) because of the partial approval to sell E15 fuel, the Associated Press reports.

The Obama administration said in October that gasoline stations could offer gasoline with 15 percent ethanol, a ruling that has several trade organizations suing the government. The decision specifically allows E15 to be sold for vehicles built after the 2007 model year, a move that has been controversial for both ethanol producers, who want a higher ethanol content, and engine manufacturers, who fear that the blend could harm vehicle, boat, snowmobile and outdoor power equipment engines.

The refiners association is asking a federal appeals court to repeal the decision on the basis that the EPA lacks authority under the Clean Air Act to okay a plan for fuels not applicable for all engines. The group also said the agency approved E15 based on new information without allowing the public time to comment on those findings.

The agency "acted unlawfully in its rush to allow a 50 percent increase in the amount of ethanol in gasoline without adequate testing and without following proper procedures," said Charles Drevna, NPRA president. The International Liquid Terminals Association and the Western States Petroleum Association joined with NPRA in filing the lawsuit.

EPA did not offer comments on the lawsuit, but the agency has stated that the higher blends are necessary in order to meet a congressional mandate calling for more ethanol usage. In December, automobile and engine manufacturers filed a lawsuit saying motorists would mistakenly fill up with E15 and possibly damage older vehicle engines.

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