The American Fuel & Petrochemical Manufacturers (AFPM) and the Western
States Petroleum Association (WSPA) filed a lawsuit today with the D.C. Circuit
Court challenging the Environmental Protection Agency's (EPA) decision to
require refiners to blend cellulosic ethanol or pay the agency for waiver
credits due to the inability to blend these non-existent fuels under the federal
Renewable Fuel Standard (RFS).
This challenge comes after the recent decision by EPA to deny a petition
filed by AFPM, WSPA and the American Petroleum Institute in January for a waiver
of the 2011 cellulosic fuel requirements under the RFS. This petition was filed
after EPA's own data showed that no cellulosic fuel was commercially available
and refiners would be forced to purchase credits representing a fuel that did
not exist.
"Congress gave EPA authority to waive RFS requirements when there is an
inadequate supply of domestic biofuel. If EPA isn't going to exercise this
authority in a year when zero gallons were produced and available, when would
EPA use this waiver provision?" commented AFPM General Counsel Rich Moskowitz.
"EPA's waiver denial is contrary to Congress' intent and forces refiners to
purchase credits from EPA for cellulosic fuels that are not commercially
available and amounts to a hidden fuel tax on consumers."
The Clean Air Act requires EPA to establish the appropriate amount of
cellulosic biofuel that should be mandated each year based upon the amount of
fuel it expects to be available in the marketplace. EPA's 2011 rule required
refiners and importers of gasoline and diesel to blend 6.8 million gallons of
cellulosic biofuels into the fuel supply, despite the fact EPA's own tracking
system indicating that zero gallons of cellulosic fuel were commercially
available in 2011.
"Someday cellulosic fuel may be available and may even be cost-effective, but
today the fuel doesn't exist. EPA's denial of this waiver request is in poor
judgment and a perfect example of the agency's continuing war on fossil fuels,"
said AFPM President Charles T. Drevna. "The requirement to blend cellulosic
biofuels that do not currently exist—and will not be available in the immediate
future—in any form that satisfies EPA's phantom fuel requirements, let alone the
quantities mandated by the RFS program, is one of many examples of how the RFS
is broken. Congress should repeal the RFS and embrace a more realistic approach
to biofuels; American consumers deserve better from their government."
About AFPM
AFPM, the American Fuel & Petrochemical Manufacturers (formerly known as
NPRA, the National Petrochemical & Refiners Association) is a trade
association representing high-tech American manufacturers of virtually the
entire U.S. supply of gasoline, diesel, jet fuel, other fuels and home heating
oil, as well as the petrochemicals used as building blocks for thousands of
vital products in daily life. AFPM members make modern life possible and keep
America moving and growing as they meet the needs of our nation and local
communities, strengthen economic and national security, and support 2 million
American jobs.
SOURCE American Fuel & Petrochemical Manufacturers
Source: PR Newswire (http://s.tt/1e6rL)