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NCGA Teams with Renewable Fuels Association in California Lawsuit
September 17, 2001
FOR
IMMEDIATE RELEASE
Contact:
Mimi
Ricketts, Director of Marketing Communications, 636/733-9004, ext.112
David
Uchic, Manager, Washington, D.C., Communications, 202-628-7001
ST.
LOUIS (September 17, 2001) -- The National Corn Growers Association
(NCGA) has joined the Renewable Fuels Association (RFA) in support of
the U.S. Environmental Protection Agency (EPA) in a lawsuit filed by
the state of California against the EPA. California is filing a Petition
of Review with the Ninth Circuit of the U.S. Court of Appeals as a result
of the EPA's denial of that state's request for waiver of the oxygen
content requirement of the Reformulated Gasoline (RFG) program.
Both RFA and NCGA
are joining in what is called intervener status. NCGA CEO and Executive
Vice President Rick Tolman explained that intervening is the only way
to participate in the court's proceedings. "Intervention provides two
benefits," said Tolman. "First, interveners file a separate brief. We
can use this brief to make up any shortcomings in the EPA's analysis
or to expand on important points.
"Second," continued
Tolman, "by intervening, NCGA will become a player, so to speak, in
the litigation. We will have a greater opportunity to discuss strategy
with the EPA and maybe strengthen the case."
California filed
the suit Aug. 13 asking the court to find the EPA acted "arbitrarily
and capriciously" in denying the petition. The request was based on
a claim that additional reductions of oxides of nitrogen (NOx) were
necessary in the Los Angeles Basin and in the Sacramento area in order
to attain the national primary ambient air quality standard (NAAQS)
for ozone and particulate matter.
The EPA performed
extensive analysis of the available data. That analysis concluded there
is significant uncertainty over the changes in emissions that would
result from a waiver. In announcing the denial of the waiver, EPA Administrator
Christie Whitman stated, "We cannot grant a waiver for California since
there is no clear evidence that a waiver will help California to reduce
harmful levels of air pollution."
Tolman concluded,
"We're confident the courts will uphold the EPA's original decision.
We are glad to be able to ally ourselves with the RFA to ensure a positive
future for the environment, the nation's corn growers and the ethanol
industry."
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