The Environmental Protection Agency (EPA) is responding to requests from state governors to remove the 1-psi volatility waiver for gasoline-ethanol blends containing 10 percent ethanol in their states. The governors made their request pursuant to CAA section 211(h)(5), which provides that the Administrator shall remove the 1-psi waiver via regulation upon demonstration that the 1-psi waiver increases emissions in their state. After review of the modeling results presented by the governors in their requests, EPA is proposing to remove the 1-psi waiver in the following states: Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota and Wisconsin.
EPA also received multiple petitions from stakeholders requesting an extension of the effective date to the summer of 2024. This action proposes to delay the effective date for one year consistent with statutory provisions. EPA proposes an effective date for all states of April 28, 2024. This action also proposes a regulatory process by which a state may request to reinstate the 1-psi waiver.
Sioux Falls, SD, based POET Energy spokesperson Joshua Shields says the proposal left unresolved concerns about access to the renewable fuel blend in 2023. Shields adds, “The lack of near-term certainty underscores the urgent need to ensure E15 sales are not interrupted.”
Iowa Governor Kim Reynolds responded, “While long overdue, I am thrilled that the EPA has approved our multi-state bipartisan RVP waiver request that will pave the way for year-round E15 and bring certainty to the industry.” However, regarding the delay, Reynolds, says, “I look forward to requesting another emergency waiver for this year while at the same time asking the courts to require the Administration to grant our request immediately.”
EPA will hold a virtual public hearing for the proposed rule on March 21, 2023. This hearing will be held virtually-only (i.e., there will be no in-person hearing).
In order to attend the virtual public hearing, all attendees (including those who will not be presenting verbal testimony) must register by sending an email to RFS-Hearing@epa.gov. A separate registration form must be submitted for each person attending the hearing. Please register no later than one week prior to the hearing.
In order to allow everyone to be heard, EPA is limiting verbal testimony to three minutes per person. Speakers will not be able to share graphics via the virtual public hearing. Speakers will be able to request an approximate speaking time as part of the registration process, with preferences considered on a first-come, first-served basis.
If you have further questions or special needs, please contact Nick Parsons at RFS-Hearing@epa.gov.
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