On the recordJune 20, 2012
This amendment would change the law--the Clean Air Act-- that authorizes EPA to waive pollution control requirements for motor vehicle fuels where there's an extremely unusual fuel supply circumstance. Well, we want that ability to waive that law. And EPA is already allowed to do that. But the Terry amendment provides that if EPA doesn't act in 3 days, it's automatically granted. And that's not enough time for EPA to act. Often, a request for a waiver is incomplete. We don't know exactly why they're asking for the waiver. They haven't come up with all the information. It may not specify the area that could be covered. It may not be clear on exactly which fuel parameters are waived. So under this amendment the EPA would have to choose between two bad options. They could reject the waiver and then perhaps approve a revised version a few days later when EPA gets the necessary information. Well, that doesn't make any sense. Fuel suppliers are going to be confused. They may be concerned that EPA won't address a situation where they need some rule. Or, EPA can allow an ambiguous and confusing waiver request to become effective. Again, this would just leave fuel suppliers confused and uncertain about what they have to do. Since the waiver would become effective automatically, how would fuel suppliers even find out it had gone into effect? It's also unclear what constitutes a waiver of request. I think there's a lot of confusion in this proposal.…





