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Renewable Fuel Standard Program

Requests for Volume Requirement Waiver under the Renewable Fuel Standard Program

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Section 211(o)(7) of the Clean Air Act allows the Administrator of EPA, in consultation with the Secretaries of Agriculture and Energy, to waive the requirements of the RFS under certain criteria. The waiver can be issued if the Administrator determines -- after a notice and comment period -- that implementation of the RFS requirements would severely harm the economy or environment of a State, a region, or the United States; or there is an inadequate domestic supply.

EPA seeks comment on several petitions for a waiver of the 2019 and 2020 RFS volume requirements from refineries and the governors of several states.

EPA Seeks Information Related to Petitions for a Partial Waiver of the 2017 and 2018 Renewable Fuel Standards

EPA is seeking information from petitioners related to their requests for a partial waiver of the 2017 and/or 2018 renewable fuel standards.

EPA Seeks Comment on Petitions for a Waiver of the Renewable Fuel Standards that would Apply in 2014

EPA sought comment on petitions for a waiver of the renewable fuel standards that would apply for 2014. EPA expects that a determination on the substance of the petitions will be issued at the same time that EPA issues a final rule establishing the 2014 RFS standards.

Denial of Requests for a Waiver of the Renewable Fuel Standard

In August 2012, Governors from several States requested a waiver of the national volume requirements for the renewable fuel standard program (RFS) pursuant to Section 211(o)(7) of the Clean Air Act. EPA's extensive analysis makes clear that Congressional requirements for a waiver have not been met and that waiving the RFS would have minimal impact on ethanol demand.

Denial of the State of Texas Request for a Waiver of a Portion of the Renewable Fuel Standard

On August 7, 2008 EPA denied the Texas waiver request for a portion of the Renewable Fuel Standard (RFS). The Governor of Texas requested that EPA waive a portion of the renewable fuel standard under section 211(o)(7) of the Clean Air Act on April 25, 2008. According to the Act, EPA's Administrator is required to grant or deny the request within 90 days of receipt. On July 22, 2008, the Administrator announced that additional time was needed to adequately respond to the public comments and develop a decision document that explains the technical, economic and legal rationale of EPA's decision. Below is EPA's response and the related documents.