ethanol Judges Strike Down EPA Rule Allowing Year-Round E15 Fuel Sales

[ThumperTalk]

D.C. Circuit decided the Environmental Protection Agency Rule overstepped congressional authority

PICKERINGTON, OH – July 14, 2021 – (Motor Sports NewsWire) – The U.S. Court of Federal Appeals for the District of Columbia on July 2 struck down a 2019 rule that allowed for the sale of a 15 percent ethanol gasoline blend during the summer months by concluding that the Trump-era waiver fell out of the administration’s legal jurisdiction.

The American Motorcyclist Association joined the American Petroleum Institute, National Marine Manufacturers Association, Coalition of Fuel Marketers and Citizens Concerned about E15 in a lawsuit against the Environmental Protection Agency citing that fuel blends containing more than the standard 10 percent ethanol sold during summer months violated the Clean Air Act and damaged motorcycle engines and exhaust systems. Additionally, the AMA argues that a lack of clear and strong warnings concerning the risk of E15, or any ethanol blends, at the pump lead to a greater potential of misfuelling.

Although the case was filed in the U.S. Court of Appeals for the D.C. Circuit, it was not an appeal of a lower court’s decisions. The Clean Air Act grants the D.C. Circuit the jurisdiction to challenge final rules under the statute. Three judges on the U.S. Circuit Court of Appeals for the District of Columbia ruled that the EPA change to allow for year-round E15 sales must be dependent on congressional approval, as the Clean Air Act sets out clear regulations governing fuel volatility.

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“We’re happy to see the court rule against year-round sales of E15, which would have drastically increased the danger posed by this fuel to motorcyclists,” said the AMA’s Director of Government Relations Michael Sayre. “Even with this victory, there is a long way to go to mitigate the dangers of E15 for our motorcycles, and the AMA will continue to support efforts to improve labeling of E15 and limit this unsafe fuel in the marketplace.”

Sayre added that while newer motorcycle engines are certified to handle a maximum-rated 10 percent blend, ethanol impacts all motorcyclists — as well as any American who owns a boat, chainsaw, lawnmower and other gas-powered consumer products, none of which have been certified for E15.

The court ruled that provisions of the Clean Air Act prohibit the sale of certain fuels with a higher volatility from June 1 through Sept. 15 to limit smog.

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“This decision is a win, but it also raises the stakes in the long-running battle between the renewable and petrochemical industries,” Sayre said. “We expect pro-ethanol members of Congress to introduce legislation to allow for the year-round sale of E15 and even now the EPA is considering regulatory changes to further weaken or eliminate the existing E15 warning label. The AMA will continue to be vigilant and advocate for safe fuels for our motorcycles.”

The AMA opposes further expansion of E15 fuel in the marketplace, as none of the estimated 22 million motorcycles and all-terrain vehicles in use in the United States are approved by the EPA to operate on ethanol blends higher than 10 percent. Using higher-ethanol blends in those vehicles is illegal and may cause engine and fuel system damage and void the manufacturer’s warranty.

Current misfuelling mitigation efforts have never adequately informed consumers of the risk of E15 to their vehicles and some retailers have begun to market E15 fuel as Unleaded 88, only compounding the confusion for the average consumer. Owners of older and vintage machines that require ethanol-free fuel are also threatened by more ethanol being blended into the nation’s fuel supply as it reduces access to the fuel required to safely run their motorcycles and ATVs.

For these reasons, the AMA will continue to push for improved labeling to warn consumers about the dangers of E15 and for access to safe fuel for our motorcycles and ATVs.

Visit the AMA’s Action Center to learn about more legislative issues.

 

About the American Motorcyclist Association

Founded in 1924, the AMA is a not-for-profit member-based association whose mission is to promote the motorcycle lifestyle and protect the future of motorcycling. As the world’s largest motorcycling rights and event sanctioning organization, the AMA advocates for riders’ interests at all levels of government and sanctions thousands of competition and recreational events every year. The AMA also provides money-saving discounts on products and services for its members. Through the AMA Motorcycle Hall of Fame in Pickerington, Ohio, the AMA honors the heroes and heritage of motorcycling. For more information, visit americanmotorcyclist.com.

Not a member? Join the AMA today: americanmotorcyclist.com.

Source: American Motorcyclist Association

 

[SS109]

Wow, the AMA actually did something. Shocked.

[bweighmaster]

They do more than you know ....  It pays to keep up with the Org.   

[kidwoo]

whoohoo!

And yes the AMA looks like a big driver in an AMA press release LOL.

Edited July 15, 2021 by kidwoo

[ThePit]

Remember that it may be done under the guise of environmentalism but it's the corn lobby that's actually driven ethanol fuel blending. It's an energy negative subsidy program, more gas is burned growing and processing the corn than us saved by burning it but they don't care as long as it sells their corn.

[SS109]

4 hours ago, bweighmaster said:

They do more than you know ....  It pays to keep up with the Org.   

Oh, I do try to keep up. I'm involved in helping to keep riding areas open and to get new legal places to ride here in AZ. The AMA has never helped us, not even once! I've not seen them do anything for us two wheeled off roaders here in AZ ever. Hell, other than this, I don't recall them doing anything positive on their own for any two wheeled off roaders in the US. If they actually have, and it wasn't initiated by some other group and only then the AMA jumped onboard, please enlighten me.

[bweighmaster]

If you are a member , you should get a newsletter to keep you in the know ...

[Guest]

3 minutes ago, bweighmaster said:

If you are a member , you should get a newsletter to keep you in the know ...

I send all my AMA money to the NRA, because they actually do things in support of my rights. 

[bweighmaster]

Also a member ,  for many years .   Protects my rights ..

[nots0much]

2 hours ago, HeavyWaffles said:

I send all my AMA money to the NRA, because they actually do things in support of my rights. 

Oh, jeez... NRA is the AMA of the 2A. 

[maicoguy]

Its well known that the more ethanol we burn the poorer the fuel economy becomes, and the more fuel we burn, the more contaminants we put into the atmosphere.  

Get rid of the ethanol completely and we increase our mileage with no other changes to the engines.  

Corn is a food and fiber product , and so long as petroleum is plentiful, it should be used for those purposes only.  

[ThePit]

19 minutes ago, maicoguy said:

Its well known that the more ethanol we burn the poorer the fuel economy becomes, and the more fuel we burn, the more contaminants we put into the atmosphere.

It's not about the atmosphere it's about subsidizing corn farmers. Environmentalists did not push for ethanol blending corn farmers did and used environmental arguments as their excuse. Producers didn't argue because ethanol is high octane so it's an easy way to meet the octane ratings.

[ar2stroke]

The soil is burned up from endless corn growing then burning it in fuel. Food production cost sky rocket causing shortages.

[DGXR]

Lifetime AMA member here.  They do more for the future of motorcycling than most riders realize.

Ethanol may be an energy-negative endeavor, but the goal is not to produce free energy -- the goal is to reduce smog in impacted areas.  Having said that, I think the ethanol industry needs to be checked before things get out of hand.  If 15% is approved, what's to stop it from going higher?  This is a slippery slope!  10% is enough!  

[Josh_95]

EPA can kiss my @$$!  

[screaminsquirrels@comcast.]

1 hour ago, nots0much said:

Oh, jeez... NRA is the AMA of the 2A. 

The AMA doesn't even come close to the power of the NRA.  I am a member of both.  I suggested once to the AMA that they needed to match the NRA.  Received a personal letter telling me that they did not have the power of the NRA and that they were aware of the clout of the NRA.  I receive emails imploring me to send money to the NRA, ILA, PVF weekly.  As any member knows the ILA and PVF are the NRA.  

[Bikewreck]

There were more acres planted in corn this year than the last 5.  Ethanol has many uses in chemistry formulations, just not gasoline……

[ThePit]

5 hours ago, Bikewreck said:

There were more acres planted in corn this year than the last 5.  Ethanol has many uses in chemistry formulations, just not gasoline……

Ethanol production prior to blending was under 1 billion gallons and we're at like 15 billion now. At least 80% of ethanol production is for fuel and it's a giant scam waste of money subsidy to corn farmers.

Edited July 16, 2021 by ThePit

[Liggett]

I'm a Life Member of the NRA but I will send them NO MORE MONEY till Wayne LaPierre is ousted!

On the ethanol subject. We're somewhat lucky here in Vermont that we can purchase non-ethanol 91octane year 'round. We run it all winter in our snowmobiles, snowblower's etc. Motorcycles , chainsaws, boats and lawn mowers in summer. Ethanol is a death warrant for all small engines. It's sad how many consumers are ignorant of this fact.

Edited July 16, 2021 by Liggett

[pilot jet 34]

And, it takes lotza water to grow & process corn, then fuel to get it to wherever it needs to go to make crap fuel. 

But the greenies don't see it that way...