Small refiners seek to scrap EPA’s ‘compressed’ RFS compliance rule

Source: By Inside EPA • Posted: Wednesday, August 24, 2022

Small refiners suing EPA over its modified compliance regime for the renewable fuel standard say the agency has unlawfully and “extremely” compressed the timetable for them to supply EPA with compliance credits under the guise of a compliance deadline “extension” rule, asking a federal court to scrap the regulation.

EPA in February published its extension rule in recognition that the normal timetable for compliance established under the Clean Air Act was no longer possible given the agency’s multi-year delay in issuing RFS biofuel blending mandates for 2021 and 2022, and its then-proposed decision to retroactively cut blending volumes for 2020. The agency set final volumes for all three years in June. But refiners are unhappy with the agency’s solution, which abandons fixed target dates for compliance in favor of dates tied to EPA’s issuance of volumes rules.