Industry group sues to block latest RFS implementation

Source: Marc Heller, E&E reporter • Posted: Thursday, February 11, 2016

A lobbying organization for refiners and petrochemicals manufacturers sued U.S. EPA today to block implementation of the renewable fuel standard for 2014-16.

The group, the American Fuel and Petrochemical Manufacturers, didn’t outline its specific objections in a petition filed with the U.S. Court of Appeals for the District of Columbia Circuit. A more detailed filing will follow, once the court sets a briefing schedule, said spokeswoman Rebecca Adler.

In a statement, AFPM President Chet Thompson said EPA hadn’t given stakeholders enough time to meet the requirements, among other complaints. The agency is supposed to give obligated parties 14 months’ lead time before compliance is required, AFPM told EPA in public comments on the RFS in July 2015.

“Despite the agency’s best efforts, certain aspects of the final RFS rule still run afoul of the Clean Air Act,” Thompson said in a news release today.

“Among other things, EPA failed to provide obligated parties with requisite lead time and used flawed methodologies in establishing volume requirements. This rule further confirms that the RFS program is dysfunctional and that the only real solution is full repeal by Congress,” Thompson said.

Repeal of the RFS isn’t likely anytime soon, but lawmakers have introduced legislation to do so, including the “Renewable Fuel Standard Repeal Act,” S. 1584, by Sen. Bill Cassidy (R-La.) and the “Renewable Fuel Standard Elimination Act,” H.R. 703, by Rep. Robert Goodlatte (R-Va.).