The National Petrochemical & Refiners Association (NPRA), has filed a petition for review with the US Court of Appeals for the District of Columbia Circuit challenging portions of the Environmental Protection Agency’s (EPA) final rule for the second stage of the Renewable Fuel Standard program (RFS2), published March 26th, 2010.
‘The petition NPRA filed does not challenge the overall RFS2 program and does not call into question the important role renewable fuels play in our nation’s transportation fuel mix,’ NPRA President Charles T. Drevna said. ‘Rather, our concern is with the unreasonable retroactive application of certain provisions of the rule and fundamental fairness in the implication of policy.’
‘The Energy Independence and Security Act of 2007 required EPA to promulgate and finalise certain standards under the RFS2 program by specific dates in 2008 and 2009. The Agency, however, failed to meet those statutory deadlines. Instead, in its recently published RFS2 final rule, EPA retroactively and unlawfully imposed RFS2 compliance burdens on obligated parties, many of whom are NPRA members.’
‘Simply put, the fact that EPA failed to meet its statutory obligations under current energy law does not give the Agency license to impost retroactively additional compliance burdens on obligated parties. At the least, such action calls into serious questions the fundamental fairness of EPA’s RFS2 rule-making process.’