Comment period on Section 610 review of RFS closes Sept. 23

By Erin Voegele | September 16, 2019

Those who wish to weigh in on the U.S. EPA’s review of the Renewable Fuel Standard under Section 610 of the Regulatory Flexibility Act have approximately one week left to do so. A public comment period on the review closes Sept. 23.

Section 610 of the RFA requires an agency to review, within 10 years of promulgation, each rule that has or will have a significant economic impact on a substantial number of small entities.

The EPA initially published a notice in the Federal Register June 24 announcing it had opened a Section 610 review of the RFS. The review aims “to determine if the provisions that could affect small entities should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities.” The public comment period was originally scheduled to end Aug. 22.

As part of the review, the agency said it will consider and solicit comments on several factors, including the continued need for the rule; the nature of complaints or comments received concerning the rule; the complexity of the rule; the extent to which the rule overlaps, duplicates, or conflicts with other federal, state or local government rules; and the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

On Aug. 15, the agency received a request on behalf of the Small Refiners Coalition seeking a 30-day extension of the comment period “to allow stakeholders the opportunity to fully develop thoughtful feedback on RFS2’s effects on small entities.” The following day, the EPA received a similar request on behalf of the Small Retailers Coalition, an organization made up of over 200 gas station and convenience store owners. In its petition, the retailer group also requested a 30-day extension of the comment period “to allow it the opportunity to fully develop thoughtful feedback on the rule’s effects on small entities, especially the impact of the current point of obligation rule on small fuel retailers.” 

The EPA published a notice dated Aug. 20 indicating that the comment period on the Section 610 review will be extended through Sept. 23. 

Comments can be filed on under docket identification number EPA-HQ-OAR-2019-0168. According to information posted to the website, only two public comments have been filed on the review to date.

Additional information is available on the EPA website