EPA proposes study of possible RFS ethanol quota air quality impacts

The US Environmental Protection Agency has proposed a study of whether ethanol volume quotas under the Renewable Fuel Standard are having adverse air quality impacts. The so-called anti-backsliding study, which is part of a proposed consent decree that would partially settle an Oct. 20, 2017, Sierra Club lawsuit alleging EPA did not meet Clean Air Act requirements before implementing the RFS, would be completed by Mar. 30, 2020.

“In addition, within three months of completing the anti-backsliding study, if the parties cannot reach an agreement on a deadline for the follow-up action, they will promptly submit a joint motion (or, if the parties are unable to agree, separate motions) to govern further proceedings,” EPA said. It will accept comments on the proposal through Mar. 25, 2019.

The lawsuit said that EPA did not conduct the discretionary study and failed to report to Congress whether vehicle and engine air pollutant emissions changes resulting from the RFS program's renewable fuel volumes have adverse air quality impacts, the agency indicated.

It said the legal action also alleges EPA did not promulgate fuel regulations that implement appropriate measures to mitigate any such adverse impacts or determine whether such regulations were not necessary.

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