COURT BACKS FOES OF ETHANOL L.A. SMOG FIGHTERS SAY GAS ADDITIVE HURTS.

Byline: Kerry Cavanaugh and Nicholas Grudin Staff Writers

Siding with California, a federal appellate court on Thursday ordered the U.S. Environmental Protection Agency to reconsider the state's request to waive rules that would lead to ethanol's being added to most gasoline.

The court's decision came as the Los Angeles region copes with its worst ozone pollution in years. Some air-quality regulators have suggested that ethanol could be contributing to the higher smog levels since many gasoline producers switched to it in January, well ahead of the upcoming Dec. 31 deadline to phase out MTBE, a gasoline additive that has polluted local groundwater.

South Coast Air Quality Management District officials praised the ruling, saying they could cut ozone emissions by 4 tons per day if the waiver is granted.

``I don't need to tell you how much we need every single ton or pound of reductions we can get our hands on,'' said Sam Atwood, AQMD spokesman.

EPA spokeswoman Lisa Fasano said the agency is reviewing the court directive and will consult with the Department of Justice on the next steps. But she said the science doesn't support suggestions that ethanol could be behind the recent smog spike.

``The air-quality problems in the South Coast region are so complicated you can't pin it on one simple change,'' Fasano said. ``There's a whole host of things that have changed recently that could contribute to

the recent spikes.''

Pollution in the San Fernando, Santa Clarita and San Bernardino valleys has ballooned this summer, with the areas recording the most severe ozone conditions in five years.

Concern over the recent ozone increase prompted U.S. Sen. Dianne Feinstein on Tuesday to request an investigation into the impact of ethanol-blended gasoline on air quality.

``The switch to ethanol-blended gasoline is considered one of the main culprits in the increased ozone,'' the California Democrat wrote in a letter to Winston Hickox, secretary of the California EPA. ``I believe we need to look carefully at its impact on air quality.''

The California EPA said Feinstein's concern would be addressed, despite some studies that indicate ethanol is not to blame.

The court ruling could give Feinstein and California air regulators another chance to get rid of ethanol or other additives that have been required to make gasoline burn cleaner.

California officials have said gasoline producers can meet pollution limits without adding ethanol or MTBE. But the federal EPA denied the waiver request, saying there was not enough evidence that ethanol increased ozone emissions.

Supporters of ethanol say it helps cut down on greenhouse gases, bolsters the farming industry and reduces the nation's dependence on foreign oil, according to Russell Long, executive director of the Bluewater Network, a national environmental group.

Kerry Cavanaugh, [phone]

kerry.cavanaugh(at)dailynews.com