NBB petitions EPA for reconsideration and stay of CARBIO approval

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Courtesy of Bergeson & Campbell, P.C.

On March 30, 2015, the National Biodiesel Board (NBB) submitted a petition to EPA seeking reconsideration and a request for stay of EPA's approval of the Argentinian Camara Argentina de Biocombustibles (CARBIO) Alternative Biomass Tracking Program. According to the NBB press release, EPA failed to provide an opportunity for public comment on the EPA decision and a lack of transparency as to how the Argentinian biodiesel producers will demonstrate compliance with the Renewable Fuel Standard (RFS). NBB notes that EPA's delay in establishing RFS volumes has destabilized the U.S. biodiesel industry and the anticipated influx of biodiesel, as a result of the CARBIO program approval, will only make the U.S. situation worse. NBB separately filed a lawsuit challenging EPA's alternate renewable biomass tracking requirements.Nat'l Biodiesel Bd. v. EPA, D.C. Cir. No. 15-1073 (Mar. 30, 2015). NBB asserts that EPA's approval of the CARBIO plan provides a new opportunity to review the tracking provisions that were included in a 2010 rulemaking.

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