Fuels and Fuel Additives; Waiver Decision/Circuit Court Remand

Zusammenfassung

On July 12, 1991, under section 211(f)(4) of the Clean Air Act (Act), the Ethyl Corporation (Ethyl) requested a waiver to permit the sale of its gasoline additive, methylcyclopentadienyl manganese tricarbonyl (MMT), an octane enhancer commercially labeled by Ethyl as HiTEC 3000, for use in unleaded gasoline. The Administrator of EPA denied Ethyl's application for a waiver on January 8, 1992, based primarily on concerns regarding the potential for increases in hydrocarbon emissions resulting from MMT use. Ethyl subsequently sought judicial review of that decision in the U.S. Court of Appeals for the District of Columbia Circuit. Based on new emissions data developed and submitted to EPA by Ethyl, EPA requested that the Court of Appeals remand Ethyl's application to the Agency for further action. On November 30, 1993, the Administrator of EPA found that Ethyl had met its burden to demonstrate under section 211(f)(4) that approval of its remanded application would not cause or contribute to a failure to meet emission standards. Ethyl agreed to resubmit its application at that time, thereby affording further time for the Agency to consider the issue of potential health effects associat