Outgoing Trump Admin Mulls Industry-Wide Biofuel Waiver for Oil Refiners and E15 Labeling Change

January 19, 2021

Print This Article Share it With Friends

by Stephanie Kelly (Reuters) The Trump administration is considering requests from the oil refining industry and its backers for a sweeping nationwide waiver to exempt them from their obligations to blend biofuels, a measure they argue would help them weather the economic impact of the coronavirus pandemic.

U.S. President Donald Trump’s Environmental Protection Agency (EPA) is requesting comment on the potential general waiver for the 2019 and 2020 compliance years and also is proposing a new rule that would remove or alter the labeling for retail gasoline that contains higher ethanol blends, according to notices to be published to the Federal Register on Tuesday.

...

In its notice, the EPA said that it had received requests for a general waiver from both refineries and from the governors of several states hosting them.

...

Biofuel groups criticized EPA’s decision to consider the petitions.

“It cannot succeed because EPA has no authority to waive RFS (Renewable Fuel Standard) volumes unless the petitioners show that the RFS itself is the cause of the ‘severe economic harm’ to a state, region, or the nation,” said Renewable Fuels Association President Geoff Cooper.

The biofuel industry, however, supports a labeling change for high ethanol blends of gasoline because it believes current labels that warn of potential engine complications from ethanol can discourage consumption.

...

Earlier this week, the EPA signaled it would not act on a slew of pending individual waiver requests submitted by refining facilities because of pending litigation.

In the same document, the agency said it was also proposing to further extend the deadlines for oil refiners to prove compliance with the RFS for both the 2019 and 2020 years. READ MORE

RFA reacts to the EPA not granting 2019 waivers (RFD TV; includes VIDEO)

EPA proposals on E15, RFS waiver draw split reactions (Agri-Pulse)

E15 Fuel Dispenser Labeling and Compatibility with Underground Storage Tanks (Environmental Protection Agency/Federal Register)

Notice of Receipt of Petitions for a Waiver of the 2019 and 2020 Renewable Fuel Standards (Environmental Protection Agency/Federal Register)

EPA proposes to alter E15 labeling requirements, UST regs (Ethanol Producer Magazine)

EPA Seeks Comment on E15, RFS Waivers: EPA Asks for Public Comment on RFS General Waiver Requests (DTN Progressive Farmer)

ETHANOL GROUP CALLS EPA’S PROPOSED ETHANOL RULE A “POISON PILL” (Brownfield Ag News)

Ethanol Lobbyists Don’t Want to Be Labeled -- Makers and owners of boats, motorcycles and other equipment that can be harmed by high ethanol blends want more prominent warning (Wall Street Journal)

RFA Responds to EPA’s Last-Minute Actions on RFS, E15 (Renewable Fuels Association)

ACE Reacts to EPA Biofuels Proposals (Energy.AgWired.com)

Mixed Bag of Last Minute EPA Proposals for Biofuels (Energy.AgWired.com)

US EPA issues 4 biofuel-related announcements in Trump administration’s final days (Biobased Diesel Daily)

NCGA Calls EPA Action Positive Step Forward for Ethanol (Wisconsin Ag Connection)

Ernst: EPA’s proposed fuel dispenser labeling rule ‘better late than never’ (Ripon Advance News)

Excerpt from Agri-Pulse: In its proposal, EPA suggests to either “modify the E15 label or remove the label requirement entirely” and also seeks comment on “whether state and local governments may be preempted from requiring different labels on fuel dispensers.”

The agency also suggests modification of Underground Storage Tank regulations to “grant certain allowances for compatibility demonstration for storage or ethanol blends” and proposes “compatibility requirements for future UST installations or component replacements that would ensure compatibility with higher blends of ethanol.”

...

EPA also released an anti-backsliding study where it determined “no additional measures are necessary pursuant to (the) Clean Air Act” to mitigate the “adverse air quality impacts of the renewable fuel volumes” required under the law and formally announced a proposal to push back 2019 and 2020 Renewable Fuel Standard compliance to Nov. 30, 2021, and June 1, 2022. READ MORE