Tag Archives: waivers

The Renewable Fuels Association thanked a bipartisan group of 32 Members of the U.S. House of Representatives for calling on President Trump to reject so-called “gap-year” refinery exemptions under the Renewable Fuel Standard.

“The Trump Administration has now heard from Members of the House, Senators and Governors on this important issue for rural America,” said RFA president and CEO Geoff Cooper. “Even the Environmental Protection Agency itself has noted there are significant ‘issues’ with these waivers, and we urge a speedy denial of these attempts by the oil industry to circumvent federal law and the recent court decision limiting waivers to extensions of ones previously received.”

Cooper noted that, on June 25, a bipartisan group of 16 U.S. Senators called on EPA to reject the waivers, and on June 29, members of the Governors’ Biofuels Coalition urged EPA to do the same.

The idea of retroactive refinery exemptions follows a recent decision by the Tenth Circuit Court of Appeals that rejected a set of waivers granted by EPA that were not simple extensions of prior waivers. The lawsuit was brought against EPA by RFA, the National Corn Growers Association, National Farmers Union and the American Coalition for Ethanol.

Seeking to circumvent this court decision, several refineries have now applied for retroactive waivers for years in which they did not originally request or receive waivers. On June 18, EPA disclosed that 52 new petitions had been received, covering the compliance years 2011 through 2018. In late May, RFA was the first to urge Wheeler to deny any gap-year waivers that came forward.

“The RFS has been a tremendous success, providing a critical value-added market for our farmers, lowering the price of fuel for consumers, and improving air quality across the nation,” the Members of the House wrote in today’s letter. “The EPA’s repeated efforts to undermine the RFS with waivers, SREs, and tepid annual volume requirements continue to undermine the future potential of our local farmers and biofuels producers.”


Senators Chuck Grassley and Joni Ernst of Iowa, along with Amy Klobuchar of Minnesota and Tammy Duckworth of Illinois, sent a letter to the Environmental Protection Agency on blending waivers.

They’re asking the EPA to reject petitions for Small Refinery Exemptions (SREs) under the Renewable Fuels Standard for past compliance years. In the letter, the senators warn that by granting any or all of the petitions, the agency would only worsen the economic challenges facing the biofuels industry. They also want the EPA to apply the Tenth Circuit Court decision nationally. “We urge you to reject these petitions outright and respond in writing to our questions about recent use of SREs under the RFS,” the senators say in the letter. “

These petitions should not even be looked at because they are inconsistent with the Tenth Circuit Decision, Congressional intent, as well as the EPA’s own guidance.” Most importantly, they say it goes against the best interests of farmers and rural communities who rely on the biofuel industry. “

The approval of the SREs for past compliance years will only worsen the already unprecedented challenges facing the biofuels industry and the rural communities that it supports,” the Senators added.