In its lawsuit, API argued that the EPA has published the 2013 RFS volume requirements nine months late in August 2013 that was supposed to be issued in November 2012.
API vice president and general counsel Harry Ng said that EPA’s 2013 volume requirement is unrealistic and simply bad public policy.
"EPA issued this year’s requirements nine months late and has once again mandated significantly more cellulosic ethanol than is available in the marketplace.
"The 2013 mandates are an example of why EPA can’t be relied upon to implement the RFS effectively and in the interest of consumers. Ultimately, Congress must fully repeal this unworkable and costly mandate," added Ng.
The association has also indicated EPA requires refiners to use four million gallons of cellulosic ethanol in 2013, while the refiners have got only 142,000 gallons to blend so far.
