The required total volume of renewable fuels mandated by law to be blended into the fuel supply in the USA will remain at 9 billion gallons in 2008 and 11.1 billion gallons in 2009 following a landmark decision by U.S. Environmental Protection Agency (EPA) Administrator Stephen L. Johnson. The ruling followed a request submitted by the State of Texas to reduce the nationwide Renewable Fuels Standard (RFS) which had put the nationwide mandates in some doubt.

"After reviewing the facts, it was clear this request did not meet the criteria in the law," said Johnson. "The RFS remains an important tool in our ongoing efforts to reduce America’s greenhouse gas emissions and lessen our dependence on foreign oil, in aggressive yet practical ways.”

Current law authorizes EPA to waive the national RFS if the agency determines that the mandated biofuel volumes would cause "severe harm"to the economy or the environment. The agency recognizes that high commodity prices are having economic impacts, but EPA’s extensive analysis of Texas' request found no compelling evidence that the RFS mandate is causing severe economic harm during the time period specified by Texas.

The Energy Policy Act of 2005 established the RFS program – and included amendments to the Clean Air Act to set strict criteria for RFS-related waivers. RFS nationwide volume mandates were increased in the Energy Independence and Security Act, which was signed into law in December 2007.

EPA conducted detailed analysis, consulted closely with the Departments of Energy and Agriculture, and carefully considered more than 15,000 public comments in response to the Texas request.

This is the first RFS-related waiver request. In a Federal Register notice, EPA is publishing a detailed rationale that will also serve as a framework for any future waiver considerations.