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EPA Addresses Issue of Whether RFS Waiver Decision Has Been Delayed

07:56AM Nov 06, 2012
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via a special arrangement with Informa Economics, Inc.

Agency response follows WSJ report some interpreted as applying to RFS waiver requests


NOTE: This column is copyrighted material, therefore reproduction or retransmission is prohibited under U.S. copyright laws.


The Wall Street Journal last week signaled in an editorial (link) that the Environmental Protection Agency (EPA) had delayed a decision on a petition submitted in Oct. 2011 by the Competitive Enterprise Institute and Action Aid. That petition said the agency did not use “basic standards of quality” in implementing the regs for ethanol mandates under the Renewable Fuels Standard (RFS). In the editorial, the paper also noted that EPA in late October had extended a decision on the petition another 90 days.

EPA responds. While some interpreted the WSJ item as indicating the delay applied to the waiver requests by several governors relative to RFS ethanol mandates, EPA said there has not been an extension of the RFS waiver decision. “The only extension involved in this action to date is EPA extending the deadline for the public comment period for 15 days,” EPA said in response to a query. “The new deadline concluded October 11. EPA continues to review those comments.”


Comments: The issue appears to have been blurred by some observers and there is no sign yet that EPA is poised to delay making a decision on the RFS ethanol mandate waiver requests by Nov. 13 – 90 days after receipt of the request. A delay would not be totally unexpected, however, as EPA delayed its decision on the 2008 ethanol mandate waiver request by Texas beyond the original deadline – EPA was to have made that decision in late July but delayed the decision until early August.



NOTE: This column is copyrighted material, therefore reproduction or retransmission is prohibited under U.S. copyright laws.