EPA RFS Waiver Request Public Comment Period Runs Through Sept. 26

September 5, 2012 02:32 AM

via a special arrangement with Informa Economics, Inc.

Document omitted from Aug. 27 Federal Register for unknown reason

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

The public comment period on requests for a waiver of Renewable Fuels Standard (RFS) ethanol mandates will run through Sept. 26, according to the Federal Register notice that was finally published Aug. 30. Link.

Whoops. The request for public comment was to have initially been published in the Federal Register in the Aug. 27 edition but was "inadvertently omitted" from that day’s edition, according to the version published on Aug. 30.

EPA requested information on:

  • Whether compliance with the RFS would severely harm the economy of Arkansas, North Carolina, other States, a region, or the United States;

  • whether the relief requested will remedy the harm;

  • to what extent, if any, a waiver would change demand for ethanol and affect prices of corn, other  feedstocks, feed, and food;

  • the amount of ethanol that is likely to be consumed in the U.S. during the relevant time period, based on its value to refiners for octane and other characteristics and other market conditions in the absence of the RFS volume requirements; and

  • if a waiver were appropriate, the amount of required renewable fuel volume appropriate to waive, the date on which any waiver should commence and end, and to which compliance years it would apply.

EPA also said that those offering comments should "include data or specific examples in support of their comments in order to aid the Administrator in evaluating the requests for a waiver and determining what action if any is appropriate in light of all of the circumstances."

Comments: It’s still not clear why the delay occurred, but the public comment period is now open -- there has already been a request to extend the comment period! EPA received more than 15,000 public comments in 2008 when Texas Gov. Rick Perry requested a waiver which EPA eventually denied after taking longer than the prescribed decision timeline to make that determination. The decision date for EPA on the requests received thus far is Nov. 13.


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






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