Epa's Whitman Ok's 2006/7 Final Diesel Rule, Battle Shifts To Court

Diesel Fuel News, March 5, 2001 by Jack Peckham

U.S. EPA Administrator Christine Todd Whitman last week gave her official stamp of approval to the 2006/7 highway diesel fuels/emissions rules -- leaving intact the 15 ppm fuel sulfur limits and very tough nitrogen oxides (NOx) and particulate matter (PM) limits on heavy-duty vehicles.

With that action, the new administration of President George W. Bush puts to rest any thought of scrapping the President Clinton-era rule, although that seemed a dubious notion ever since Bush nominated Whitman as EPA administrator (see Diesel Fuel News 12/25/2000, p1). The 60-day diesel rule review ordered by President Bush turned out to be nothing more than perfunctory.

But the EPA decision won't stop National Petrochemical & Refiners Association (NPRA) from continuing its lawsuit to block the rule, NPRA said.

"The Bush administration determined that this action not be delayed in order to protect public health and the environment," EPA's Whitman said. "I look forward to working with state and local governments to meet their air quality goals as well as with citizens and businesses to ensure that diesel trucks and buses remain a viable and important part of the nation's economy."

* Advisors To Monitor Supply, Tech

An advisory panel is supposed to report to EPA annually on the progress being made by industry to comply with the 2006/7 rules, Whitman said.

"We were pleased to hear of your decision to ask an independent advisory board to look at the issues of diesel supplies and related technology and report to you annually," American Petroleum Institute President Red Cavaney said in a letter to Whitman.

"Our concern is with the timetable for [ULSD] implementation, particularly with the rule's impact on the availability of an adequate supply of diesel fuel," API said.

* NPRA Lawsuit Intervenors

Announcing they're intervening on EPA's side in the NPRA diesel lawsuit (so far) are American Lung Association, Environmental Defense, Natural Resources Defense Council, Sierra Club, U.S. Public Interest Research Group, state regulators STAPPA/ALAPCO, California Trucking Association, and (possibly) automakers.

Automakers, catalyst makers, environmental/public health groups, some refiners (especially BP and Tosco) and state/local air pollution regulators also praised Whitman's endorsement of tough diesel regulations.

A sampling of comments:

"With the uncertainty regarding the future of the rule removed, we believe the emission control industry, engine manufacturers and the oil industry can now move forward with making the necessary investments," Manufacturers of Emission Control Association's Bruce Bertelsen said.

"This is a victory for not only the automobile industry but also consumers and the environment," Alliance of Automobile Manufacturers President Jo Cooper said.

"Because of this decision, children with asthma will be able to spend more time outdoors," Sierra Club's Carl Pope said. "The elderly and people with respiratory problems will be able to breathe easier."

"New EPA Administrator Whitman reviewed the rule closely and agreed that it is needed to protect public health and that it can be achieved at a reasonable cost," Clean Air Trust's Frank O'Donnell said.

"This program will clean up one of the most noxious sources of air pollution in our communities," said Environmental Defense attorney Vickie Patton.

"It is an incredible milestone in the future of diesel, which will be cleaner than alternative fuels," said International's Pat Charbonneau, VP-Engine Engineering. International makes the ultra-clean "green diesel technology" bus that requires ULSD to achieve PM emissions even lower than compressed natural gas (CNG) buses.

"We believe that technology exists to allow the provision of 15 ppm low sulfur fuel into the U.S. marketplace," BP's John Manzoni, U.S. Region VP, said, adding that BP "continues to support the 15 ppm standard called for in the rule and the proposed timing of introduction." BP's only concerns are the need for expedited permitting at refineries, and problems with temporary phase-in/supply of two diesel fuels.

"EPA has failed to address our concerns that the diesel fuel supply will be adequate and that proper distribution systems will be in place," said American Trucking Associations President Walter McCormick Jr. What's more, "EPA should require cleaner fuel for all diesel engine users, something EPA's diesel fuel rule does not address."

* NPRA: 2003 Review?

"The new Administration appears to be focusing its efforts on enactment of its economic program," National Petrochemical & Refiners Association said.

"We have heard reports that the Administration may review the rule in two years. NPRA believes that it must do so at some point because the rule is unworkable in its current form and will result in significant shortages of diesel fuel...

"NPRA will continue to pursue vigorously the legal action it has filed in federal court to require EPA to revise this rule into a more balanced and workable form. We expect others to join that litigation in the near future."