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US Rep. Shimkus’ Bill Would Prevent E15 Lawsuits

U.S. Rep. John Shimkus (R-Collinsville) has introduced a bill in Congress to prevent lawsuits related to problems with E15, a fuel that increases the use of ethanol to 15 percent.

The new gasoline combination represents a major contrast to a majority of the ethanol fuel currently sold in the United States for passenger cars and pickups, which are comprised of 10 percent ethanol and 90 percent gas. The federal government is determining whether to make the fuel available to consumers.

The Environmental Protection Agency recommends that E15 be used for vehicles manufactured as early as 2001, but critics worry people may mistakenly use it in older models.

The American Fuel & Petrochemical Manufacturers has challenged the government's efforts to offer E15. In a statement, the group's President Charles Drevna said with a lawsuit pending, the EPA should not rush to force E15 to the marketplace.

"EPA's hasty attempts to speed introduction of E15 before necessary testing is complete could endanger the safety of American consumers, threatening their vehicles and gasoline-powered equipment with possibly severe damage," Drevna said. "This action is more about political science than real science because it is designed to protect the ethanol industry rather than the American people."

Shimkus' bill is known as the Domestic Fuels Act of 2012 (HR 4345). It has gained support from Republicans and Democrats in the House, and there is a similar measure that has been introduced in the U.S. Senate.

Shimkus touts the proposal, saying that by protecting retailers, engine manufacturers, and fuel producers from E15 related lawsuits, he hopes to see E15 and other alternative fuels available at gas pumps.

"One way in which we help decrease our reliance on imported crude oil is the success of ethanol," Shimkus said. "As we move forward, our ability to use that at retail locations is directly proportional to their ability of whether they're going to get sued or not."

The Renewable Fuels Association's President and CEO, Bob Dinneen, has come out in support of Shimkus' legislation. He calls it a thoughtful approach to help speed the country's transition to E15 and higher ethanol blends.

"The bill would avoid unnecessary infrastructure investments by providing gasoline marketers with a commonsense certification pathway for existing equipment that assures safety while accelerating consumer access to these new fuels," Dinneen said. "The Domestic Fuels Act could help deliver price relief at the gas pump for consumers while increasingly liberating this country from its unhealthy, unsafe dependence upon foreign oil."

But the environmental organization, Friends of the Earth opposes the measure, saying E15 could harm people by damaging vehicles and gasoline-powered equipment. Michal Rosenoer, who is an environmental policy advocate with the group, said oil companies should be held liable if something goes wrong.

"The engine damage they're going to incur is going to cost lots of money," Rosenoer said. "Big oil, first and foremost, should not be protected from the liability, but what we need is a more comprehensive liability policy in total."

Before it can be available to consumers, E15 must pass a series of federal tests and become a registered fuel in individual states. At this point, 20 ethanol makers have already registered to sell the fuel, including the Archer Daniels Midland Company in Decatur.

"The U.S. Environmental Protection Agency's approval of ADM's E-15 registration is a step toward bringing this homegrown fuel to American drivers," said Matt Bruns, vice president of Corn Processing for ADM. "E15 offers American drivers a cleaner, renewable alternative to traditional gasoline while positively contributing to our country's energy security, rural economic development and environmental improvement."

The Obama administration is looking to assist gas station owners in installing 10,000 blender pumps over the next several years. The federal government also has provided grants, loans and loan guarantees to push the use of bio-fuels.

(AP Photo/Mike Groll, file)