EPA Standing Behind Unicorn Farm Mandate
“EPA reasonably considered the production capacity likely to be developed throughout the year, while API would have EPA rely narrowly and solely on proven past cellulosic biofuel production,” EPA said in its brief. “EPA reasoned that lowering the advanced biofuel volume in these circumstances would be inconsistent with EISA’s [the Energy Independence and Security Act of 2007] energy security and greenhouse gas reduction goals, and decided to leave the statutory advanced biofuel volume unchanged.”
The EPA refused API's request to get out of the RFS in May, inflaming API and its Republican allies who have said the RFS props up an industry that would not otherwise exist. They say EPA requires refiners to blend cellulosic biofuels – those made from non-edible feedstocks, such as yard waste or switchgrass – even though no such biofuels are produced domestically at commercial scale.