EPA denies Texas request for RFS waiver; 11.1 billion gallon biofuels mandate confirmed for 2009

In Washington, EPA Administrator Stephen Johnson denied a request by the State of Texas to reduce the nationwide Renewable Fuels Standard (RFS) by 50 percent.  As a result, the required total volume of renewable fuels, such as ethanol and biodiesel, mandated by law to be blended into the fuel supply will remain at 9 billion gallons in 2008 and 11.1 billion gallons in 2009.

“After reviewing the facts, it was clear this request did not meet the criteria in the law,” said EPA Administrator Stephen L. Johnson.  “The RFS remains an important tool in our ongoing efforts to reduce America’s greenhouse gas emissions and lessen our dependence on foreign oil, in aggressive yet practical ways.”  The EPA can waive the RFS if it determines that the mandated biofuel volumes would cause “severe harm” to the economy or the environment.

In a statement, Johnson said “The agency recognizes that high commodity prices are having economic impacts, but EPA’s extensive analysis of Texas’ request found no compelling evidence that the RFS mandate is causing severe economic harm during the time period specified by Texas.” The EPA received 15,000 comments during the comments period. In its Federal Register notice, the agency will publish a detailed explanation of the decision that it said “will also serve as a framework for any future waiver considerations.”

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