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EPA rulemaking for RFS under fire

EPA rulemaking for RFS under fire
American Fuel and Petrochemical Manufacturers, American Petroleum Institute and Valero among those challenging EPA.

The American Fuel and Petrochemical Manufacturers filed a petition for review of the Renewable Fuel Standard rulemaking with the U.S. Court of Appeals for the D.C. Circuit on Feb. 10.

The following day, the American Petroleum Institute filed a lawsuit with the Court challenging the requirements.

And on Feb. 12, Valero Energy filed suit with the Court.

The American Fuel and Petrochemical Manufacturers are asking for a repeal of the RFS.

EPA's biofuel requirements are in court. (Photo: Monkey Business Images/Thinkstock)

“Despite the agency’s best efforts, certain aspects of the final RFS rule still run afoul of the Clean Air Act,” said AFPM president Chet Thompson in a media statement. “Among other things, EPA failed to provide obligated parties with requisite lead time and used flawed methodologies in establishing volume requirements. This rule further confirms that the RFS program is dysfunctional and that the only real solution is full repeal by Congress.”

The API says the EPA failed to meet deadlines for the 2014 to 2017 biomass-based diesel standards and it’s mandating more cellulosic ethanol in 2016 than exists.

“We will continue to shine a light on this outdated and broken mandate and the need for positive change for the American consumer,” said Frank Macchiarola, API downstream group director, in a media statement.

API has requested that EPA set the final ethanol mandate at no more than 9.7% of gasoline demand to help avoid the 10% ethanol blend wall while meeting consumer demand for ethanol-free gasoline.

Related stories:

Reuters – Valero Energy sues U.S. EPA over biofuels plan
The nation’s third largest ethanol producer wants RFS review.

Reuters – Factbox: U.S. EPA faces lawsuits over its biofuels plan
Who’s challenging the EPA?

FuelFix – Valero sues EPA over ethanol standard
Valero claims RFS unfairly favors some refiners over others.

Platts – Refiners’ lawsuits seek change in U.S. biofuels mandate’s point of obligation
Valero joins Monroe Energy, which filed its own petition last month

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