EPA Administrator Andrew Wheeler on Saturday said the recent federal court decision to vacate three biofuel small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS) “has the potential of completely changing the small refinery program.”
The court struck down waivers for three refineries in Oklahoma, Utah and Wyoming, ruling that the EPA could only extend exemptions for plants that had continuously received waivers from their RFS obligations. The three plants in question had not been previously granted exemptions.
The agency is now “taking a close look at the 10th Circuit decision and the ramifications to the program,” Wheeler told AgWired in an interview, saying the agency would have something on that “shortly.” This is the first acknowledgement from EPA that the decision could have a significant impact on the SREs ahead..
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