EPA has not yet made any final decisions on the requests from several states for a waiver of Renewable Fuel Standard (RFS) requirements this year, according to EPA Administrator Andrew Wheeler in testimony before the Senate Environment and Public Works Committee.
He acknowledged the ethanol industry is facing difficult times, noting he has “talked personally with a number of small refiners all over the country, including I think every small refinery in Wyoming, and we are working with them to see what we can do to help them during this time.” He also noted the fewer miles driven was also an issue and pledged “we have extraordinary circumstances this year and we are looking to see what relieve we can provide everyone.”
As for request by states for waivers of RFS requirements, Wheeler said he was “familiar” with the requests, but when asked if a decision on the requests had been made, he replied that “No, we have not yet.” Sen. Joni Ernst, R-Iowa, asked if EPA would look at prior years when waiver requests had been made and were denied, noting that the decision calls on EPA to determine if the RFS is the cause of harm or if it is some other factor like the Saudi-Russia frictions or the COVID-19 situation. Wheeler said that “yes” the agency would look at precedent.