Requests for Volume Requirement Waiver under the Renewable Fuel Standard Program
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.
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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.
- Learn more about the Petitions for a Waiver of the Renewable Fuel Standards that would Apply in 2014.
- Notice of Receipt of Petitions for a Waiver of the Renewable Fuel Standard (PDF) (3 pp, 204K, published November 29, 2013)
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.