On April 25, 2008, Texas Governor Rick Perry sent a letter to EPA Administrator Johnson requesting a partial waiver of the 2008 RFS requirement that 9 billion gallons of renewable fuels be entered into commerce.. Governor Perry specifically requested that the volume requirement be reduced by 50% to 4.5 billion gallons. Among other things, the waiver requests states that the mandate is having an "unnecessary negative impact on Texas' otherwise strong economy while driving up global food prices." The EPA has 90 days from the date of receipt of the waiver request to issue a decision. The EPA will issue a federal register notice in the near future requesting public comment on this request and will be evaluating the public comment and a number of other factors before issuing a decision.

NBB will oppose the waiver request during the comment period.

EPA is expected to have a final decision in late July.

Separately, on Thursday, May 1, Connecticut Gov. M. Jodi Rell (R) urged Congress and the President to temporarily waive the mandate for the entire U.S. Governor Rell stated, "Connecticut residents and business owners, squeezed from one side by energy prices and on the other by food prices, are trapped in a vise. The pressure is relentless and mounting ever-higher. It is time for the federal government to take some strong, definitive action to address these issues."

On Friday, Senator Kay Bay Hutchison (R-TX) and 23 other Republican Senators wrote to the EPA urging them to "begin the process of examining alternatives that ease the severe economic and emerging environmental consequences that are developing in America as a result" of the expanded renewable fuels standard (RFS). Click here to review this letter.

If you have questions, please contact Manning Feraci or Larry Schafer at 202.737.8801.