No. The Energy Policy Act included a specific default provision for 2006 that was to go into effect if the RFS program regulations were not in place. That provision was expressed in general terms, allowing EPA to structure the program for 2006 on a national collective basis. The statute has much more specific requirements for subsequent years. We are required to calculate the annual standard as explained in section 80.1105 of the regulation.
Question and Answer was originally posted at http://www.epa.gov/otaq/renewablefuels/420f07041a.pdf
Since ethanol use is expected to surpass the mandated EPAct levels, is there any mechanism available to EPA to allow compliance on a national collective basis, as was done under the 2006 default rule?
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