WASHINGTON, D.C. (NAFB) – The Renewable Fuels Association insists the law is clear in limiting EPA biofuel waivers to oil refiners, but in a possibly troubling sign, the RFA can’t understand why the Supreme Court agreed to hear the case this month.
RFA chief Geoff Cooper does not doubt that the law is clear that the Environmental Protection Agency can only grant refiner exemptions from using ethanol continuously, and only if they were given in the past.
Cooper says lower courts have affirmed the common definition understanding of “extend,” including the Tenth U.S. Circuit Court of Appeals that overturned small refinery ‘gap year’ waivers. So, why is the Supreme Court hearing the case, if RFA, National Corn Growers, and other industry groups feel so confident the law is in their favor?
RFA Insists Law Clear in Ethanol Waivers Case, But Unsure Why Supreme Court Reviewing
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RFA, Growth Energy and NCGA argue in DC Circuit Court regarding EPA E15 rulemaking : Biofuels Digest
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(NAFB) – Corn and biofuels groups made their arguments Tuesday in a court case for year-round E15.
Growth Energy, the Renewable Fuels Association and the National Corn Growers gave oral arguments in American Fuel and Petrochemical Manufacturers vs. EPA to the D.C. Circuit Court. Oil refiners are challenging the Environmental Protection Agency’s 2019 rulemaking that paved the way for the year-round sale of E15.
In a joint statement, Growth Energy, RFA, and NCGA said, “Oil refiners are simply trying to reclaim more market share by blocking American drivers from year-round access” to E15.
In June 2019, EPA issued its final rule extending the Reid Vapor Pressure volatility waiver to E15, and found that E15 is substantially similar to E10 certification fuel, allowing its introduction into commerce by fuel manufacturers without the need for a separate E15 waiver. The action allowed for the sale of E15 fuels year-round.
Getty Images Court looks at EPA’s interpretation of Clean Air Act holding E15 to the same gasoline volatility standards as E10.
On Tuesday, the D.C. Circuit Court heard oral arguments in
American Fuel & Petrochemical Manufacturers, et al. vs. EPA, a case in which oil refiners challenge the Environmental Protection Agency’s 2019 rulemaking that paved the way for the year-round sale of E15.
Growth Energy, the Renewable Fuels Association, and the National Corn Growers Association defended the rule and also argued in support of upholding the rule allowing the 1-psi Reid Vapor Pressure waiver that currently applies to E10 during the summer months. Under the finalized expansion in May 2019, E15 was allowed to be sold year-round without additional RVP control rather than just eight months of the year.