The National Petrochemical & Refiners Association said Monday it has launched a legal challenge to the US Environmental Protection Agency's decision to allow higher levels of ethanol in conventional vehicles.
The move is the third such legal challenge in the past few months.
NPRA, along with the International Liquid Terminals Association and the Western States Petroleum Association, on Monday filed a petition in federal court to overturn EPA's decision last October to allow 15% ethanol in non-flex-fuel cars and light trucks of the 2007 model year and later, up from the current 10% level.
The groups have asked the US Court of Appeals for the District of Columbia Circuit to review and overturn the EPA decision, contending EPA violated the Clean Air Act and the Administrative Procedure Act.
In December, trade groups representing major automakers as well as makers of engines for lawnmowers and outboard boat motors petitioned a federal court to review the EPA E15 decision.
In November, the American Petroleum institute and a coalition of agriculture and meat-producing groups filed a similar lawsuit.
The NPRA suit argues EPA does not have authority under the Clean Air Act to approve a partial waiver allowing E15 in some engines but not in others. It also "contends EPA based its partial waiver decision on new data submitted to the public rulemaking docket on the day before EPA announced the partial waiver, providing no time for the stakeholder review or meaningful public comment required under the Administrative Procedure Act."
NPRA has said that the move to E15 for only some vehicles will result in misfueling and possible engine damage. That has led to marketer concerns over liability. "Let's make sure there's no need for liability" coverage, said NPRA President Charles Drevna in a phone interview. NPRA hopes "science and the legal system will prevail," he said.
EPA is expected to announce a decision on E15 for model year 2001-2006 non-flex-fuel cars and trucks later in January.
--Beth Evans
The move is the third such legal challenge in the past few months.
NPRA, along with the International Liquid Terminals Association and the Western States Petroleum Association, on Monday filed a petition in federal court to overturn EPA's decision last October to allow 15% ethanol in non-flex-fuel cars and light trucks of the 2007 model year and later, up from the current 10% level.
The groups have asked the US Court of Appeals for the District of Columbia Circuit to review and overturn the EPA decision, contending EPA violated the Clean Air Act and the Administrative Procedure Act.
In December, trade groups representing major automakers as well as makers of engines for lawnmowers and outboard boat motors petitioned a federal court to review the EPA E15 decision.
In November, the American Petroleum institute and a coalition of agriculture and meat-producing groups filed a similar lawsuit.
The NPRA suit argues EPA does not have authority under the Clean Air Act to approve a partial waiver allowing E15 in some engines but not in others. It also "contends EPA based its partial waiver decision on new data submitted to the public rulemaking docket on the day before EPA announced the partial waiver, providing no time for the stakeholder review or meaningful public comment required under the Administrative Procedure Act."
NPRA has said that the move to E15 for only some vehicles will result in misfueling and possible engine damage. That has led to marketer concerns over liability. "Let's make sure there's no need for liability" coverage, said NPRA President Charles Drevna in a phone interview. NPRA hopes "science and the legal system will prevail," he said.
EPA is expected to announce a decision on E15 for model year 2001-2006 non-flex-fuel cars and trucks later in January.
--Beth Evans
