New RFS battle lines emerge in fights over proposed ‘set’ rule’s ‘eRINs’

Source: By Inside EPA • Posted: Wednesday, January 11, 2023

EPA’s proposal to grant first-time compliance credits for electricity used in transportation under the renewable fuel standard (RFS) is drawing new battle lines in the contentious program, setting up novel divisions and unusual alliances over which entities should win the credits, and whether EPA should award them in the first place.

Renewable Fuels Association President and CEO Geoff Cooper said his group “believes EPA should maintain a level playing field and consistent approach to RIN generation for all renewable fuel pathways under the RFS,” including liquid fuels. “By allowing electric vehicle manufacturers to generate eRINs using indirect ‘book and claim’ accounting, EPA is proposing to create a novel and overly complex regulatory program for renewable electricity that is wholly inconsistent with RIN generation methods for all other renewable fuel pathways.” The eRIN proposal “may also be viewed as inconsistent with the statutory purpose of the RFS, which is to support the production of renewable fuels, not the production and sale of certain vehicle technologies,” Cooper said.