EPA faces another ethanol battle


The US Environmental Protection Agency (EPA) is facing renewed legal action over its decision to allow up to 15% ethanol in fuel for 2007 onward vehicles.

The latest challenge comes from a coalition of car, boat and power equipment makers, representing around 400 million engine-powered products, and will be heard in the US Court Of Appeals for the District of Columbia.

The case challenges the legality of the EPA's Federal legislation which was designed to allow the higher percentage ethanol fuels and additives to be sold on the basis that they would not damage engines.  According to the EPA, cars built in 2007 or later, as well as light trucks, would effect engine performance or emissions and that these vehicles account for 30% of gasoline usage in the US.  The Agency is currently running tests to extend the legislation to 2005 and 2006 engines.

However, the coalition of manufacturers claims that the new rules could, in fact, void product warranties and damage engines.  As well as contesting that the legislation is not tough enough on preventing 'misfuelling' situations, with the E15 fuels being sold at the same locations as other lower Ethanol-based fuels.  In addition, the lawsuit also contests that the EPA failed to accurately document or estimate the level or implications of misfuelling for both consumers and manufacturers.