DEPARTMENT OF AGRICULTURE Suspension of 2% Biodiesel Content Mandate [45 Pa.B. 1391]
[Saturday, March 21, 2015]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 was 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 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.
There exists a shortage of 2% biodiesel blend available to certain retailers through their regular distribution channels in certain areas of this Commonwealth. The Department, in consultation with DEP, has evaluated conditions impacting the available supply of 2% biodiesel blend and has determined that it is necessary to take the following action to minimize or prevent disruption of the supply of biodiesel blend in this Commonwealth.
The Department hereby issues a partial suspension in the Commonwealth as more fully set forth herein of the 2% biodiesel mandate imposed under section 3(a)(1) of the act effective immediately, March 2, 2015, and expiring at 11:59 p.m. on March 4, 2015. The terms of the suspension are as follows:
• All retailers, as defined in the act, who take delivery of diesel fuel during the period of suspension blended outside this Commonwealth which is not compliant with the 2% biodiesel mandate may sell this diesel fuel to consumers during the period of suspension. The diesel fuel delivered during the period of suspension may be sold to consumers after the suspension expires until the delivered diesel fuel is out of the retailer's possession. 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 conditions impacting the available supply of 2% biodiesel blend in this Commonwealth. Should conditions warrant, this suspension may be modified, terminated or extended, as appropriate.
Questions about this suspension should be directed to the Department through the Bureau of Ride and Measurement Standards, Director Walter Remmert, (717) 787-9089, wremmert@pa.gov.
RUSSELL C. REDDING,
Acting Secretary[Pa.B. Doc. No. 15-510. Filed for public inspection March 20, 2015, 9:00 a.m.]
