EPA Issues Interpretation of its RFS Periodic Review Obligations

On November 30, U.S. EPA published a document titled "Periodic Reviews for the Renewable Fuel Standard Program,” describing EPA's interpretation of its requirement under the RFS [in 42 U.S.C. §7545(o)(11)] to conduct periodic reviews of existing technologies and the feasibility of compliance with the RFS related to prescribed volume requirements [in paragraph (o)(2)(B)].

The document explains how EPA has fulfilled its obligation to conduct these reviews to date, which has largely been through its consideration and application of its waiver authority.  EPA’s notice does not explain the impetus for issuing this interpretation, aside from noting certain ambiguities in the statutory language. 

View more information on EPA’s interpretation in the document HERE.