News & Ideas

ACE: Yet Even More Waiver Requests While a Hurting Rural America Continues to Wait for EPA to Correct its RFS Missteps

Sioux Falls, SD (July 16, 2020) – Today, the U.S. Environmental Protection Agency (EPA) updated its Small Refinery Exemption (SRE) dashboard, disclosing the Agency’s received six more retroactive SRE petitions or so-called ‘gap filings’ for compliance years 2011 through 2016 under the Renewable Fuel Standard (RFS). EPA unveiled in its June update that the Agency had received 52 new retroactive SRE petitions for compliance years 2018 to 2011. EPA has yet to offer answers regarding these ‘gap year’ waivers, while the Agency continues to delay applying the precedent set by the Tenth Circuit Court nationally. EPA has also punted on issuing its proposed renewable volume obligations (RVOs) for 2021 or addressing the loss in fuel demand to ensure the 2020 RVOs are met this year. The American Coalition for Ethanol (ACE) CEO Brian Jennings issued the following reaction statement:

"We are already halfway through the year and instead of taking steps to comply with the January Tenth Circuit Court ruling to limit Small Refinery Exemptions under the Renewable Fuel Standard, EPA seems merely interested in providing refiners yet another escape hatch in the form of the now nearly 60 retroactive waiver requests. EPA's priority is obviously protecting refiners and ignoring the statute or court decisions.”

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