On June 30th, the Environmental Protection Agency (EPA) released a notice providing for a 60 day extension of the public comment period for the proposed RFS-2 rule that initially published in the Federal Register on May 26, 2009. Specifically, the public comment period has been extended from July 27th to September 25th, 2009.
"Everyone agrees with the need for a thorough public review of the EPA's proposed RFS-2 rule and a comment period of sufficient duration to accommodate public input. There are clearly ways to improve the proposed rule. With that said, it important to note that RFS-2 was supposed to be in place at the beginning of this year, and extension of the comment period could further delay the implementation of the program. This will provide additional hardship to the U.S. biodiesel industry.
"RFS-2 by law requires the use of 500 million gallons of Biomass-based Diesel in 2009. Biodiesel is the only fuel available in the marketplace in commercial volumes able to meet this requirement. Given the extension of the RFS-2 comment period, it is only appropriate that EPA take immediate steps to ensure that the 2009 volume goals provided for in statute are met. Accordingly, the EPA should use its existing regulatory authority to ensure that Biomass-based Diesel volume requirements are met and issue a notice requiring obligated parties to use biodiesel in 2009 to meet its 2009 volume requirements.
"In addition, NBB will continue working with policymakers and the EPA through the rulemaking process to promote the use of sound science and to ensure that the U.S. biodiesel industry can play a constructive role in meeting the nation's energy security and climate change needs."



