WASHINGTON (Bloomberg) -- U.S. carmakers and engine manufacturers asked an appeals court to force the U.S. Environmental Protection Agency to reconsider its October decision allowing the sale of gasoline with 15 percent ethanol.
The decision should be sent back to the agency, and a court should review whether its “partial waiver” allowing so-called E-15 fuels violates the federal Clean Air Act, the Engine Products Group said in a statement. The petition was filed today in the federal appeals court in Washington.
“Our organizations collectively represent some 400 million engine products used by tens of millions of people every day in the U.S.,” Kris Kiser, a spokesman for the group, said in a statement.
The EPA on Oct. 13 granted a request from ethanol producers, including Archer Daniels Midland Co., to increase concentrations of the corn-based fuel additive in gasoline for vehicles made for 2007 and later. The previous limit was 10 percent.
The EPA's media department didn't immediately return calls for comment on the filing of the petition. The agency is still studying whether to allow higher concentrations of ethanol in vehicles older than the 2007 model year.
“EPA could have avoided this kind of market confusion by following all the science to its logical conclusion and allowing the use of E15 for all cars and light duty pickup trucks,” the Renewable Fuels Association, an ethanol trade association in Washington, said in a statement today. “The only way to meet the nation's energy, economic and environmental goals as put forth in the Renewable Fuels Standard is to increase ethanol consumption.”
The manufacturers said the testing EPA used for its decision was put in the administrative record too late for meaningful comment, that the regulator's own statute says fuels can't be approved that could cause failures, and that E-15 has been shown to adversely affect engines.
The Engine Products Group comprises the Alliance of Automobile Manufacturers, the Association of International Automobile Manufacturers Inc., the National Marine Manufacturers Association and the Outdoor Power Equipment Institute, according to the statement.