A: EPAct contains a provision to address unforeseen circumstances that may occur which result in a shortage of renewable fuel and available RINs and we believe that the statutory provision is sufficient to address unforeseen circumstances that may occur on a nationwide or regional scale. Specifically, EPAct provides that on petition by one or more States, EPA, in consultation with the Departments of Agriculture and Energy, may waive the required aggregate renewable fuels volume obligation in whole or in part upon a sufficient showing of economic or environmental harm, or inadequate supply. As explained in the preamble to the rule (see 72 FR 23927) the RFS rule is a flexible program that permits trading of RINs and deficit carryovers.
Question and Answer was originally posted at http://www.epa.gov/otaq/renewablefuels/420f07041a.pdf
What mechanisms exist to suspend RFS program requirements, should renewable supply be limited due to natural disasters?
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