Number: RS22870
Title: Waiver Authority Under the Renewable Fuel Standard (RFS)
Authors: Brent D. Yacobucci, Resources, Science, and Industry Division 
Abstract: Transportation fuels are required by federal law to contain a minimum amount of renewable fuel each year. This renewable fuel standard (RFS), established by the Energy Policy Act of 2005 (EPAct, P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140), requires that 9.0 billion gallons of renewable fuels be blended into gasoline and other transportation fuels in 2008. Most of this mandate will be met using corn-based ethanol. However, high prices and tight supplies for oil, gasoline, and food/feed grains have raised concerns over whether the current RFS should be modified or eliminated. Some policymakers are arguing that demand for corn-based ethanol has contributed significantly to price increases for food. The Environmental Protection Agency (EPA) has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in the law are present. The governor of Texas recently requested a waiver of the RFS because of high grain prices, and there is growing congressional interest in the EPA waiver authority. This report provides a brief overview of the RFS program and discusses the process and criteria for EPA to approve a waiver petition.
Pages: 5
Date: May 5, 2008