DEPARTMENT OF AGRICULTURE Notice of Suspension of 2% Biodiesel Content Mandate [42 Pa.B. 7111]
[Saturday, November 17, 2012]The Department of Agriculture (Department) received a request to suspend the 2% biodiesel content mandate in diesel fuel sold for on-road use arising from section 3(a)(1) of the Biofuel Development and In-State Production Incentive Act (act) (73 P. S. § 1650.3(a)(1)). The request is made under section 5(d) of the act (73 P. S. § 1650.5(d)), which states the Department, in consultation with the Department of Environmental Protection (DEP), may suspend or modify to reduce the mandated content required by section 1650.3(a)(1) of the act if the Department determines that doing so is warranted by factors, including, but not limited to, substantially increased costs to consumers or insufficient quantity or distribution of biodiesel. The widespread power outages and flooding caused by Hurricane Sandy have resulted in a shortage of 2% biodiesel blend in certain areas of this Commonwealth.
The Department, in consultation with DEP, has evaluated the impact of fuel supplies as a result of disruptions to the fuel distribution system. Based on this evaluation, the Department has determined and DEP concurs, that it is necessary to take the following action to minimize or prevent disruption of the supply of diesel in this Commonwealth.
The Department on November 2, 2012, issued a suspension of the 2% biodiesel mandate imposed under section 1650.3(a)(1) of the act effective immediately in this entire Commonwealth and expiring at 12 a.m. on November 12, 2012.
• All retailers, as defined in the act, who take delivery of diesel fuel not compliant with the 2% biodiesel mandate during the period of suspension may sell to consumers after the suspension expires that noncompliant diesel fuel already in their possession.
• An entity, other than a retailer, who does not blend biodiesel with diesel fuel who takes delivery of diesel fuel not compliant with the 2% biodiesel mandate during the period of suspension may sell to retailers or distributors after the suspension expires that noncompliant diesel fuel already in their possession.
• Except as set forth previously, any new deliveries to a retailer after the suspension expires will be subject to all provisions of the act.
The Department will continue to monitor the impact of Hurricane Sandy on the fuel supply situation. Should conditions warrant, this suspension may be modified, terminated or extended, as appropriate.
Questions about this suspension should be directed to the Department through either Deputy Secretary James Howes or Bureau of Ride and Measurement Standards Director Walter Remmert.
GEORGE D. GREIG,
Secretary[Pa.B. Doc. No. 12-2227. Filed for public inspection November 16, 2012, 9:00 a.m.]
