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U.S. Legislative Updates
EPA's Office of Underground Storage Tanks intends to issue guidance that would clarify EPA's underground storage tank (UST) compatibility requirements that apply to UST systems storing gasoline containing greater than 10 percent ethanol and diesel containing an amount of biodiesel yet to be determined. EPA published a notice in the Federal Register asking for comment on the proposed guidance, which provides owners and operators of underground storage tank systems greater clarity in demonstrating compatibility of their tank systems with these fuels. More information on the guidance is available at http://www.epa.gov/oust. NAFA intended to provide comments to EPA on the need for the guidance. UST compatibility with biodiesel and ethanol has been an issue for fleets in California and elsewhere. One issue is whether there should be a threshold biodiesel blend at a level greater than B20 (perhaps B30) to be the trigger point for any special UST guidelines beyond those for diesel – biodiesel blends up to and including B30 would be treated no differently than conventional diesel fuel. NAFA Members with comments on the need for the guidance are invited to contact NAFA's U.S. Legislative Counsel Pat O'Connor at patoconnor@kentoconnor.com Industry Groups Challenge EPA E15 Decision The American Petroleum Institute and the Grocery Manufacturers Association have joined with representatives from the meat and pork industries to challenge EPA's recent decision to allow increased ethanol content in fuel for model year 2007 and newer vehicles. EPA's decision increased the maximum ethanol level in gasoline for 2007 and newer vehicles from 10 to 15 percent (E15). In the lawsuit, which was filed in the U.S. Court of Appeals for the District of Columbia, the groups state that EPA's decision exceeds the agency's authority under the Clean Air Act. The groups also state in the suit that the Clean Air Act only allows EPA to issue a waiver for a fuel additive if it "will not cause or contribute to a failure of any emission control device or system" and that EPA does not have the authority to prescribe the use of E15 for certain model years. The groups further criticized EPA for allowing an increased ethanol content in fuel before the completion of safety testing, which is still being conducted by the Department of Energy.
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