Daily Rules, Proposed Rules, and Notices of the Federal Government
EPA has established a public docket for this application under Docket ID No. EPA-HQ-OAR-2009-0211, which is available for Online viewing at
On March 6, 2009, Growth Energy and 54 ethanol manufacturers submitted an application to the U.S. Environmental Protection Agency for a waiver of the prohibition of the introduction into commerce of certain fuels and fuel additives set forth in section 211(f) of the Clean Air Act (“the Act”). This application seeks a waiver for ethanol-gasoline blends of up to 15 percent by volume ethanol (“E15”). On April 21, 2009, EPA published notice for the receipt of the application, and, as required by section 211(f)(4) of the Act, EPA requested public comment on all aspects of the waiver application that will assist the Administrator in determining whether the statutory basis for granting the waiver request for ethanol-gasoline blends containing up to E15 has been met (See 74 FR 18228). EPA originally provided a 30-day period for the public to respond. The deadline for public comment was May 21, 2009.
In a letter dated April 17, 2009, the National Corn Growers Association requested a 60-day extension to the comment period. On April 27, 2009, EPA received a request from 36 national organizations who stated they represent a diverse cross-section of interests and who requested a 60-day extension to the comment window. Also on April 27, 2009, the Alliance of Automobile Manufacturers requested a 45-day extension. Finally, on May 6, 2009, AllSAFE—a group of national consumer, manufacturing, and gasoline retailer associations that utilize gasoline and ethanol fuel blends—requested a minimum 30-day extension to the comment period. In general, these parties stated that additional time would be needed in order to allow
Although EPA agrees that additional time for comments may be needed, this need must be balanced against the need to allow EPA ample time to review all relevant data and public submissions before the 270-day statutory decision deadline. EPA believes an additional 60 days would allow adequate time for these stakeholders and others to provide meaningful comment on the E15 waiver request. EPA does not anticipate any further extension of the comment period for this waiver request.
EPA has determined that extension of the comment period would aid in providing the public an adequate amount of time to respond to the complex legal and technical issues that result from possibly allowing E15 to be sold commercially. Accordingly, the public comment period for the E15 waiver to section 211(f) of the Act is extended until July 20, 2009. This action does not extend the 270-day statutory deadline of December 1, 2009, for the Administrator to grant or deny the E15 waiver request.