Several industry groups have challenged EPA’s grant of a waiver allowing gasoline containing 15 percent ethanol (E‑15) to be used in model year 2001- 2006 cars and light trucks. Alliance of Auto. Mfrs. v. EPA, No. 11‑1046 (D.C. Cir. filed 2/16/11). EPA approved the waiver January 26, 2011. 76 Fed. Reg. 4,662. The previous limit on ethanol had been 10 percent. The waiver does not apply to motorcycles, heavy-duty vehicles or non-road engines, such as those in lawnmowers and chainsaws.
Although the petition for review does not detail the basis of the challenge, news reports identify several potential arguments, including that (i) EPA does not have Clean Air Act authority to grant a partial waiver to allow E‑15; (ii) the waiver increases the potential for misfueling boats, which are often fueled from the same pumps as cars or trucks; and (iii) the decision was premature because EPA had not conducted sufficient testing to determine how higher ethanolcontent gasoline would affect vehicle engines and components. See BNA Daily Environment Report, February 22, 2011.