EPA Decision On RFS Due This Month

EPA indicates it's close to a decision; 90-day time limit nears

Published on: Nov 14, 2012
A decision is expected this month from the U.S. Environmental Protection Agency regarding the hotly debated Renewable Fuels Standard waiver.
 
Earlier this summer, a host of ag groups and a handful of state governors pushed the EPA to implement the waiver, which would suspend the requirement that 15.2 billion gallons of renewable fuels be introduced into the nation's fuel supply.
 
The first waiver requests came in mid-August, with the EPA issuing a request for comment on Aug. 30 and an extension of the time allowed to comment on Sept. 10. By statute, the EPA has 90 days from the receipt of a waiver request to determine if a waiver is appropriate. Final public comments on the proposed waiver closed Oct. 11.
As harvest final harvest numbers have rolled in, does the EPA have enough information to make an RFS decision?
As harvest final harvest numbers have rolled in, does the EPA have enough information to make an RFS decision?
 
An EPA spokesperson on Tuesday indicated that the EPA is completing the review process and a decision can be expected "shortly," according to a report from Reuters.
 
Last month, the National Pork Producers Council again called for a waiver of the RFS, citing the summer drought that impacted feed grain availability.
 
With the RFS, NPPC said, "a weather-driven supply shock no longer simply results in higher prices for feed grains but causes "explosively higher prices, crippling credit and liquidity shortfalls and the frightening prospect that some producers cannot assure stable access to corn to feed their animals."
 
The National Corn Growers Association, however, said in their comments to the EPA last month that more harvest information is needed to determine a final decision on the waiver.
 
A previous petition to the EPA in 2008 to grant a 50% waiver of the standard from Gov. Rick Perry of Texas was denied.