EPA set to publish RFS waiver decisions

Source: By Inside EPA • Posted: Wednesday, June 8, 2022

EPA is poised to publish its decision denying 69 petitions from small refiners for exemptions from the renewable fuel standard (RFS) biofuel blending mandates, alongside an alternative compliance mechanism for refiners that recently saw their previously approved waivers retroactively denied by the agency.
In the first notice, EPA publishes its decision already announced June 3 to deny all remaining small refinery exemptions (SREs), in line with its interpretation of legal precedent set by the U.S. Court of Appeals for the 10th Circuit. The agency’s position is that small refiners are not economically harmed by the RFS blending obligations, because their compliance costs are passed through to customers, consistent with the 10th Circuit’s finding in its January 2020 ruling in Renewable Fuels Association (RFA) v. EPA.