EPA's EPA Administrator Andrew Wheeler told Brownfield that retroactive requests for small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS) must be treated like other requests for exemptions.
Wheeler told the news service he was not sure how many had been filed. “The statute does allow people to file their applications for waivers at any time, and at any time is in the statute,” Wheeler stated.
“So, we have received some. We’ve not process reviewed them yet,” he observed. “We’ve sent them over to the Department of Energy when we received them and Department of Energy is currently reviewing them.” As for requests for the 2019 compliance year, Wheeler said the agency still has those to consider.
EPA data shows 27 requests are pending for the 2019 compliance year.
“We also included in the RVO [Renewable Volume Obligations] for 2020 the almost, actually over 700-million gallons for small refiners. We’ve not processed the 2019 applications because of the court decision.” The court decision referenced is the 10th Circuit Court which invalidated three SREs granted for the 2016 compliance year.
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