The Environmental Protection Agency (EPA) plans to decide by mid-November if certain states will receive waivers from renewable fuel requirements for ethanol in gasoline. Five states have asked EPA for waivers for ethanol in gasoline, and one state has sought a waiver for biodiesel.
While not saying which states are under consideration, the governors of Arkansas, Delaware, Georgia, Maryland, and North Carolina asked EPA in August to waive the ethanol mandate due to effects from extreme drought. Current law requires that the 2013 fuel supply contain 16.55 billion gallons of renewable fuels. EPA also will require 1.28 billion gallons of biomass-based diesel fuel to be introduced into the national fuel supply in 2013. EPA has the authority to waive renewable fuel requirements if the mandate "would severely harm the economy or environment of a state, a region, or the United States." The agency indicated that no matter which decision is made on the waiver, the issue will most likely be litigated by one-side or the other.
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