Refiners detail legal arguments against EPA’s RFS waiver denial policy

Source: By Inside EPA • Posted: Tuesday, November 22, 2022


A coalition of small refiners is sketching out its legal arguments against EPA’s blanket policy of denying all petitions from smaller refineries for economic hardship waivers from the renewable fuel standard, as many refiners seek to overturn the agency’s mass denials of their waiver applications earlier this this year.

In their Nov. 18 statement of issues, a group of 11 small refiners led by American Refining Group, Inc. say EPA’s blanket denial policy is unlawful. “The RFS provisions of the Clean Air Act require individualized adjudications of each small refinery’s petition for hardship relief based upon the individual circumstances of that refinery, for a given compliance year, within a 90-day decision deadline,” the refiners say.