Texas Governor Asks EPA for Additional Waivers Under RFS

On December 1, the day after EPA issued its final 2018 standards under the Renewable Fuel Standard (RFS) program, Governor Abbott (R) of Texas sent a letter to EPA Administrator Pruitt requesting EPA use its general waiver authority, citing the number of refiners in the State of Texas allegedly being harmed by high RIN prices. The letter appears to be limited to a request that EPA reduce the D6 requirements (sometimes referred to as the implied “conventional biofuel” requirement) under the RFS to 9.7% of the gasoline pool. 

This letter is in addition to a similar letter sent by the Governor of Pennsylvania in November, which also cited the economic impacts on refiners in the state. EPA has since indicated it will respond to the Pennsylvania Governor’s request in a separate action.