U.S. Senator Tom Udall (D-N.M.) and U.S. Representative Peter Welch (D-Vt.) called on Environmental Protection Agency (EPA) Administrator Scott Pruitt to abide by all legal and regulatory requirements as the Trump administration reportedly considers the year-round sale of gasoline with 15 percent ethanol by volume (E15).
As the lawmakers noted, the EPA has previously and publicly concluded that it does not have the statutory authority to issue a waiver allowing for the year-round sale of E15 gasoline, which is currently restricted during summer months to lower emissions and protect human health. Udall and Welch said that the EPA should resist making major policy changes based on political considerations that lack scientific or legal basis, and that would worsen air pollution.
“We write to you to ensure that EPA abides by all legal and regulatory requirements when considering allowing the year-round sale of gasoline with 15 percent ethanol by volume (E15),” Udall and Welch wrote. “Currently, E15 must meet the volatility specification for conventional gasoline control areas of 9.0 pound per square inch (psi) during the summer (June 1 to September 15). The current summertime restrictions limiting gasoline volatility are intended to lower evaporative emissions to control the formation of ground-level ozone and to protect human health.”
“We are concerned with recent press reports that President Trump has directed the EPA to allow year-round E15 sales during closed door negotiations over the Renewable Fuels Standard (RFS) held at the White House with industry stakeholders and Members of Congress,” the lawmakers continued. “Previously, EPA has publicly concluded that it does not have the statutory authority to issue such a waiver, and the reported decision to reverse this conclusion appears to be driven by political considerations, rather than scientific or legal analysis. Legal and policy uncertainty around the RFS coming from these private White House negotiations can disrupt fuel markets, provide opportunities for financial speculators, and undermine the investment in second generation biofuels that reduce carbon pollution, a key goal of the RFS.”
“The plain reading of the Clean Air Act and EPA’s long-standing interpretation strongly suggest that EPA lacks authority to unilaterally allow year-round sales of E15 with the extension of a 1.0 psi waiver,” Udall and Welch wrote. “The reported basis for this change in position, directed by the White House, lack any scientific or legal explanation to the public. We are very concerned that career EPA officials may be being directed to reverse over 25 years of the agency’s position to manufacture legal and scientific justifications for a politically-directed decision on E15.”
Udall and Welch requested responses from EPA to a series of specific questions regarding the reported directive from the White House by July 9, 2018. The two lawmakers are also sponsors of the GREENER Fuels Act, legislation to reform the RFS by mitigating harmful environmental impacts and advancing the next generation of biofuels.
The full text of the letter is available here.
