Document gaLZ6ErnL2ogbok47NR0r32bL

E. Scott Piutt ADMINISTRATOR October 19. 2017 Senator Joiri Ernst 111 Russel! Senate Office Building Washington, D.C. 20510 Senator Pat Roberts 109 Hart. Senate Office Building Washington, D.C. 20510 Senator Deb Fischer 454 Russell Senate Office Building Washington, D.C. 20510 Senator Ben Basse 136 Russell Senate Office Building Washington, D.C. 20510 Senator Charles Gmssley 135 Hart Senate Office Building Washington, D.C. 20510 Senator John Thune 511 Dirksen Senate Office Building Washington, D.C. 20510 Senator Mike Rounds 502 Hart Senate Office Building Washington, D.C. 2051.0 Dear Senators Ernst, Grassley, Roberts, Thuoe, Fischer, Rounds, and Basse, My responsibility as Administrator o f the Environmental Protection Agency (EPA) is to faithfully administer the Saws passed by the U.S. Congress, This Agency must and will respect, those laws. When it comes to the broad spectrum o f environmental statutes the EPA is responsible for implementing, including the Renewable Fuel Standard (RFS), that is exactly what we have done. The first RFS-related issue I encountered as Administrator was a pending petition requesting this Agency move the "point o f obligation" from refiners and importers to blenders. After detailed analysis, numerous meetings with many stakeholders, and review of the over 18,000 comments received, the record demonstrates that granting that petition would not be appropriate. 1. have directed my staff to finalize this decision within 30 days. Second, to provide stakeholders the certainty and predictability they need, EPA will meet the statutory deadline to issue a final Renewable Volume Obligation (RVO) rule by November 30, 2017. On July 21. 2017. EPA issued a proposed RVO rule that would require 19.24 billion gallons of biofuel to be blended into the nation's fuel supply. O f the 19.24 billion gallons, 15 12<K> lYxxsyt \ ama Avtc M V Mam. Cum. i t OJA * W vshinuton, DC 20 TO * (202) 00 U 1700 F.vs; AtM-l l,*>o p a p i'i ;-s prim es wh v:;gte-issMja'ssiS inks .at;:; is i;}0-Es:cant siBsissasaaisi; raeyclsd m a s s M . enlarina-fre -p jcs-i! a:;;.; rasvc*;;;:. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED_002061_00139924-00001 October 19. 201? billion gallons would be met through the blending o f conventional or corn-based ethanol and the remaining 4.24 billion gallons would be met by blending a combination o f advanced biofuels, at least 238 million gallons o f cellulosic biofuel, and at least 2.1 billion gallons o f biomass-based diesel. While the process for determining the final RVO Rule is ongoing, it would not be appropriate for the Agency to prejudge the outcome o f the rulemaking process. Nevertheless, preliminary analysis suggests that all o f the final RVOs should be set at amounts that are equal to or greater than the proposed amounts, including at least 2 .1 billion gallons for biomass-based diesel in 2018 and 2019. Key members o f Congress have advocated for a nationwide Reid Vapor Pressure. (RVP) waiver for E l5, and other midlevel ethanol blends, so that E l 5 may be sold throughout the entire year without disruption. Since becoming Administrator, I have directed EPA to actively explore whether it possesses the legal authority to issue such a waiver. The Agency would welcome the opportunity to work with Congress on this important issue, including issuing definitive analysis on the Agency's authority to issue a nationwide: RVP waiver for El 5. Finally, the Agency has been discussing a range o f ideas intended to stabilize RFS compliance costs. One o f these ideas presented to EPA would involve amending our regulations to modify the treatment of Renewable identification Numbers (RINs) associated with ethanol exports. EPA has not taken any formal action to propose this idea, nor will EPA pursue regulations. I look forward to continuing to engage in constructive and meaningful dialogue on these and other RFS-related issues, i reiterate my commitment to you and your constituents to act consistent with the text and spirit o f the RFS. I take seriously my responsibility to do so in an open and transparent manner that advances the full potential o f this program as envisioned by Congress, rural America, and the President o f the United States, Sincerely, E, Scott Pruitt Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00139924-00002