Fuel Manufacturer Threatens to Sue EPA for Failing to Meet EPA-Set Deadlines

December 1, 2014

The American Fuel and Petrochemical Manufacturers, a top fuel manufacturer, has threatened to sue the EPA for failing to meet its own deadlines on its 2015 proposal for the renewable fuel mandate.

AFPM filed a notice of intent to sue the EPA Monday over the 2015 Renewable Fuel Standard. The standard requires refiners to mix a certain amount of ethanols and biofuels into the U.S. fuel supply--and delaying such a standard creates uncertainty in the marketplace for renewable fuels.

"For some reason, the administration feels that it is above the law and does not need to comply with the statutory deadlines of the RFS," Charles Drevna, president of AFPM, told The Hill. The EPA should have finalized its standards for 2015 by November 30, the AFPM said.

The EPA announced it would delay its final rule on the mandate before the Thanksgiving holiday.

The National Corn Growers Association said the announcement "shows the [Obama] administration recognizes the proposed rule was inherently flawed and based on an unworkable methodology."

"At this point we have no choice but to take the matter to court. Today, obligated parties are left to sit and wait for EPA to not only propose the 2015 standard, but to actually issue a final rule for 2014, which we now know that EPA has no intention of doing until sometime in 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.