EPA: No new SRE petitions filed for second consecutive month

Source: By Erin Voegele, Ethanol Producer Magazine • Posted: Monday, April 19, 2021

Data released by the U.S. EPA on April 15 shows that for the second consecutive month, no new small refinery exemption (SRE) petitions have been filed with the agency. The EPA has also not taken any action on the 66 SRE petitions that have been pending since mid-February.

The EPA is not currently expected to take action on any of the 66 pending SRE petitions until after the U.S. Supreme Court completes its review of the Tenth Circuit Court of Appeals’ January 2020 ruling that struck down three SREs that the court said were improperly issued by the EPA and held that the agency cannot “extend” exemptions to any small refineries whose earlier, temporary exemptions had lapsed.

The Supreme Court is scheduled to hear oral arguments pertaining to the SRE challenge on April 27.

The 66 pending SRE petitions include 16 pending for compliance year 2020, 30 pending for compliance year 2019, three pending for compliance year 2018, one pending for compliance year 2017, two pending for compliance year 2016, three pending for compliance year 2015, four pending for compliance year 2014, three pending for compliance year 2013, two pending for compliance year 2012, and two pending for compliance year 2011.

Additional data is available on the EPA website.

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