With a March 9 deadline to respond to the 10th Circuit Court ruling that three small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS) for the 2016 compliance year were to be reviewed, pressure continues on EPA from both biofuel backers and refiner interests.
Nine Republican senators sent a letter to EPA Tuesday calling on the agency follow through with their finalized the 2020 biofuel and 2021 biodiesel standards, which included EPA agreeing to adjust the Renewable Volume Obligations to account for 770 million gallons of SREs, even though they viewed that action is “imprudent and misguided.”
Meanwhile, staunch biofuel backer Sen. Chuck Grassley, R-Iowa, told reporters Tuesday that there were discussions going on within the administration on the matter. He said he has urged the administration to “follow the law” and the court ruling and to not appeal that decision. Further, he called on the administration to give it “nationwide application.”
In addition, 16 House members – including Senate Majority Leader Kevin McCarthy, R-Calif., and House Republican Conference Chair Liz Cheney, R-Wyo., – called on EPA to reconsider the court decision. Specifically, they called on EPA to “seek and extension and request an en banc hearing” so the full court can reconsider the matter. They also called on EPA to issue guidance that makes clear the ruling is not to be applied outside the 10th Circuit and that pending SREs for the 2019 compliance year within the 10th Circuit should be deferred and other SREs should be “rendered as soon as possible.”
EPA Administrator Andrew Wheeler told members of a House Appropriations subcommittee Wednesday that he hoped to issue EPA’s response “shortly” but did not say what that decision will be. “We are still working on that with our attorneys at EPA as well as the attorneys at the Department of Justice,” he said. “The decision has to be made by next week, so we will be announcing something shortly.” He also expressed a hope that the announcement would “quell” the RIN market.
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