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ACE Welcomes EPA Denying RFS ‘Gap-Filling Petitions,’ Urges Application of Tenth Circuit Decision Nationwide

Posted on 09/14/2020  | Tags: ACE, EPA, Tenth Circuit, gap year, waivers, E15

Sioux Falls, SD (September 14, 2020) – Today, the U.S. Environmental Protection Agency (EPA) announced the Agency is denying the retroactive small refinery exemption (SRE) petitions or so-called ‘gap-filling petitions’ for compliance years 2011 through 2018 under the Renewable Fuel Standard (RFS). The American Coalition for Ethanol (ACE) and industry partners have called on EPA to reject the ‘gap-year’ waivers ever since the requests were confirmed. ACE CEO Brian Jennings released the following reaction statement:

“We are pleased EPA is heeding the industry’s calls and President’s directive to reject the gap-year petitions. As EPA notes in the letter they issued today, these refineries did not demonstrate disproportionate economic hardship from compliance with the RFS. Simply put, these retroactive waivers ignored the RFS statute and the Tenth Circuit Court decision, so rejection of the gap-year requests is what the law and court precedent required of EPA.

“The next logical step is for EPA to once and for all nationally apply the precedent set by the Tenth Circuit Court, which likely means denying most of the pending refinery waivers for 2019 and 2020.

“We also expect more details regarding the President’s E15 tweet on Saturday and plans around EPA’s intentions to ‘update E15 labels to ensure consumers have informed choices at the pump and clarify the ability of existing fuel infrastructure to support expanded E15 use.’”

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