Biofuels coalition challenges small refinery exemptions

Six US associations have challenged the Environment Protection Agency’s (EPA) decision to exempt 31 small refineries from their obligations to comply with the Renewable Fuel Standard in 2018.
Growth Energy, Renewable Fuels Association, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol and the National Farmers Union, collectively known as the Biofuels Coalition, submitted its filing arguing the EPA lacked the authority to issue such exemptions and that it acted in an arbitrary manner.
“Among all of EPA’s indefensible actions surrounding small refinery exemptions in recent years, the agency’s two-page decision to grant 31 waivers from 2018 RFS compliance really takes the cake. Enough is enough,” Coalition representatives said.
“The EPA had absolutely no legal basis for continuing to destroy demand for renewable fuels, which is contrary to the intent of Congress for the RFS programme. When it adopted the RFS in 2005, Congress clearly intended for small refinery exemptions to be temporary in nature. Yet, 15 years later, some refiners — most of whom have readily complied with RFS obligations in the past - are trying to claim they need more time to prepare for compliance with RFS requirements.
“If these exemptions were meant to be a ‘bridge to compliance’, as concluded by the courts, it should be obvious that we all crossed that bridge many years ago.”

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