EPA on Monday announced they have taken a new position on small refinery exemptions (SREs), saying that after “careful consideration” that they support the 10th Circuit Court of Appeals ruling in the case of Renewable Fuels Association (RFA) vs. EPA.
“EPA supports that court's interpretation of the renewable fuel standard (RFS) small-refinery provisions,” the agency said in a release. “This conclusion, prompted by a detailed review following the Supreme Court's grant of certiorari in the case, represents a change from EPA's position before the 10th Circuit. The change reflects the Agency's considered assessment that the 10th Circuit's reasoning better reflects the statutory text and structure, as well as Congress's intent in establishing the RFS program.”
The 10th Circuit in January 2020 vacated and remanded three EPA decisions to grant SREs for the 2016 and 2017 compliance years, holding that a “small refinery's position can be granted only if the refinery satisfies two conditions,” EPA noted, those being that the refinery had to demonstrate an existing exemption and they have to demonstrate disproportionate economic hardship caused by RFS compliance.
On Jan. 8, 2021, the U.S. Supreme Court agreed to review the 10th Circuit court decision at the request of the small refineries affected by the decision.
“After further, careful review of the RFA Decision following the change of Administration, EPA has reevaluated the statutory text and now agrees with the 10th Circuit's reading” of the Clean Air Act section which said that “an exemption must exist for EPA to be able to 'extend' it,” the agency said. “EPA agrees with the court that the exemption was intended to operate as a temporary measure and, consistent with that congressional purpose, the plain meaning of the word 'extension' refers to continuing the status of an exemption that is already in existence.”