The notice is required under the federal Clean Air Act as the first step in initiating formal litigation over EPA’s failure to promulgate renewable fuel volumes under the RFS by Nov. 30 of the preceding year. The agency has missed its 2015 deadline, AFPM noted.
It took the step on Dec. 1, just 5 days after EPA announced it would not finalize 2014 biofuel quotas under the RFS until yearend (OGJ Online, Nov. 21, 2014), more than a year after their Nov. 30, 2013, deadline. AFPM filed a notice of intent to sue over EPA’s not issuing the 2014 quotas on time this past Nov. 21.
“At this point we have no choice but to take the matter to court,” AFPM Pres. Charles T. Drevna said.
Refiners and other obligated parties under the RFS are required to purchase biofuel credits known as Renewable Identification Numbers if they are unable to secure enough biofuels to meet RFS quotas which EPA has yet to issue for either 2014 or 2015.
“This disregard for the law and obvious contempt for the obligated parties are reasons why Congress needs to step in and repeal or significantly reform this badly broken program,” Drevna said.
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