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Wednesday, January 13, 2021

Reports Signal Trump Administration to Grant Some RFS Waivers

The Trump administration is poised to issue additional small refinery exemptions (SREs) relative to the Renewable Fuel Standard (RFS), according to reports from Reuters and Politico, with both indicating the decisions could come yet this week for requests made by refiners for the 2019 compliance year.

EPA data shows 32 SRE requests are pending for the 2019 compliance year and another 14 for the 2020 compliance year.

Politico reported that refineries in Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah would not likely receive SREs after the January 2020 10th Circuit Court of Appeals decision invalidating three SREs on the basis that such waivers had to be received annually since 2011.

The Supreme Court said Friday it would review the 10th Circuit Court decision. Politico reported that EPA could issue partial waivers for the 2019 compliance year. The reports come after some speculated the pending Supreme Court review could put any action on hold.