Ethyl Corp. plans to sue the U.S. Environmental Protection Agency to win the right to use a manganese based fuel additive in unleaded gasoline.
The company has been seeking approval to use methylcyclotentadienyl manganese tricarbonyl as an additive marketed since 1978 as HiTec 3000 (OGJ, Jan. 20, 1992, p. 26). EPA again rejected Ethyl's petition (OGJ, July 18, Newsletter) on the grounds that more studies are needed on the potential effects of manganese emissions on public health. Ethyl said it will file suit in the District of Columbia federal appeals court.
Bruce Gottwald, Ethyl chairman and chief executive officer, said, "EPA has chosen quite simply to ignore all valid scientific evidence demonstrating that HiTec 3000 performance additive presents no negative health effects and actually contributes to a cleaner environment."
He said the additive would reduce automotive nitrogen oxide emissions 20% and carbon monoxide emissions 5-6% and cut U.S. refinery emissions millions of tons a year by increasing the efficiency of gasoline refining, saving 82,000 b/d of oil imports.
ETHYL'S POSITION
Gottwald said, "After millions of miles of testing, some 17 years of 'real world' use in Canada, and extensive health monitoring, we cannot let this unjust decision stand. We will appeal the decision with full confidence that the court ultimately will rule in Ethyl's favor based on the facts."
Gottwald pointed out that EPA ruled last November the additive had met all applicable emissions standards under the Clean Air Act but asked for another 180 days to resolve the issue of manganese and health.
He said, "It was disheartening recently to visit with several high level EPA decisionmakers who remain unwilling to accept the environmental benefits of HiTec 3000 performance additive as demonstrated by our numerous scientific submissions. For more than 4 years, Ethyl has sought and failed to receive a fair or comprehensive review of the facts.
"During the 180 day extension the EPA, without any scientific data or basis, deliberately and continually changed the health rules to develop standards on which they could base a denial. For example, EPA's reference concentration for airborne manganese was derived using uncertainty factors never before applied to a fuel additive.
"Until Ethyl's waiver request reached EPA, the agency had previously set standards 100 times greater than currently proposed and concluded manganese presented no health risk. It is a case of unfair prejudice against our product because EPA's own air data and Canadian data we provided clearly demonstrate little or no significant change in airborne manganese when our additive is used."
Ethyl said manganese is the 12th most abundant element on earth, and all living things require manganese to sustain life.
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