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PA Bulletin, Doc. No. 12-2316

NOTICES

DEPARTMENT OF AGRICULTURE

Notice of Suspension/Modification of 2% Biodiesel Content Mandate

[42 Pa.B. 7283]
[Saturday, December 1, 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)). A suspension was granted on November 2, 2012, to expire at 12 a.m. on November 12, 2012. The November 2, 2012, suspension stated that should conditions warrant, the suspension may be modified, terminated or extended. In consultation with the Department of Environmental Protection (DEP), the Department has continued to evaluate the impact of Hurricane Sandy on fuel supplies and disruptions to the fuel distribution system. Based on this evaluation, the Department has determined, and DEP concurs, that it is necessary to take further action to minimize or prevent disruption of the supply of diesel in this Commonwealth.

 In accordance with the authority granted by section 5(d) of the act (73 P. S. § 1650.5(d)), the suspension is hereby extended, in part, and the mandated content required by section 3(a)(1) of the act is modified as follows for the period from 12:01 a.m., November 13, 2012, through 12 a.m. on November 22, 2012:

 a. The sale of diesel fuel for use in on-road compression ignition engines by all entities that, prior to any suspension of the requirements in section 3(a)(1) of the act, blend diesel fuel and biodiesel within this Commonwealth for resale to parties other than consumers, as defined in the act, shall be subject to all provisions of the act.

 b. The sale of diesel fuel for use in on-road compression ignition engines by any entity other than those described previously in a., including retailers as defined in the act, shall not be subject to the mandated content required by section 3(a)(1) of the act.

 c. After the suspension expires, any entity other than those described previously in a. who take delivery of diesel fuel not compliant with the 2% biodiesel mandate during the period of suspension may sell for use in on-road compression ignition engines that non-compliant diesel fuel already in their possession.

 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. 12-2316. Filed for public inspection November 30, 2012, 9:00 a.m.]


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