EPA likely to apply 10th Circuit Court ruling on SREs broadly: Argyropoulos

Source: By S&P Global • Posted: Thursday, September 17, 2020

EPA will likely have to apply nationwide a January ruling by the 10th U.S. Circuit Court of Appeals on small refinery exemptions (SREs) from complying with the Renewable Fuel Standard (RFS), a former 30-year veteran of the agency said Wednesday. Speaking on the third day of OPIS’ 12th Annual RFS, RINs & Biofuels Forum, Paul Argyropoulos indicated that it will be hard for EPA to stray from the ruling. Asked if he sees a scenario under which EPA cannot apply the ruling nationally, Argyropoulos replied: Personally, I don’t, but there are lots of ways to read legal things. “I personally see a very difficult path to not apply the 10th Circuit more broadly nationally as a result of that decision,” he said, adding that he thinks “it is going to be a challenge for the agency to present a legal case to justify doing something differently for the other refiners.”