“The announcement signals that the agency could dramatically limit the number of exemptions given to refiners under the program going forward. The move would upset some in the oil industry who say exemptions are needed to keep small refiners afloat under pricey blending requirements, but would be a huge win for the corn lobby.”
I’m encouraged by today’s announcement by the @EPA that the agency will support the Tenth Circuit Court's opinion. This is a win for America’s family farmers that finally puts Big Oil in check. https://t.co/kJLTsUuo2b
I applaud the @EPA’s announcement today supporting the Tenth Circuit Court’s decision on RFS small-refinery provisions. This is great news for Nebraska producers and refiners who would be damaged by these illegal and harmful SREs.
Ms. Kelly explained that, “In January 2020, the 10th U.S. Circuit Court of Appeals ruled that waivers granted to small refineries after 2010 should only be approved as extensions. Because most recipients of waivers in recent years have not continuously received them year after year, the decision threatened to upend the waiver program.
The EPA said in Monday’s notice that it agrees with the 10th Circuit’s assessment that an exemption must exist for the agency to be able to extend it.
And Jennifer A Dlouhy reported on Monday at Bloomberg that, “The Biden administration is taking steps that could limit the ability of oil refineries to get exemptions from a federal biofuel-blending mandate.
“The Environmental Protection Agency will announce Monday that it is effectively siding with renewable fuel producers in a case before the U.S. Supreme Court. The agency will say that it agrees with a 10th Circuit Court of Appeals ruling that concluded small refineries are only eligible for those valuable waivers if they have continually received the exemptions.”
We are pleased to see the Biden @EPA signal support for the 10th Circuit’s ruling and not file a brief supporting the prior administration EPA’s misguided attempt to distort the plain language of the RFS → https://t.co/Zyu7GUgWnK
“The move represents President Joe Biden ’s first foray into biofuel policy, an issue that tests his allegiance to rural agricultural interests as well as blue-collar refinery workers. On the campaign trail, Biden criticized a surge in refinery waivers during the Trump administration,” the Bloomberg article said.
"Our nation’s #biofuel producers and #farmers appreciate @EPA’s careful review of the Tenth Circuit Court’s decision, and we are pleased the agency’s new leadership is reversing the previous administration’s flawed position on small refinery exemptions."https://t.co/KEutgY70Df
Ms. Dlouhy added that, “Some 66 refinery exemption applications are now pending before the EPA, including 16 for 2020, but the agency does not plan to decide on them before the Supreme Court’s ruling, said Joe Goffman, the acting assistant administrator for air and radiation.”
“EPA officials added that the agency’s decision was brought about by a detailed review following the Supreme Court’s decision to grant a hearing in an appeal requested by two petroleum refiners. EPA noted, ‘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’ intent in establishing the RFS program.'”
Also on Monday, Associated Press writer David Pitt reported that, “Roughly 40% of U.S. corn is used to produce ethanol. The EPA under Trump issued 85 retroactive small refinery exemptions for the 2016-2018 compliance years, undercutting the renewable fuel volumes by a total of 4 billion gallons, (15.1 billion liters) according to the Renewable Fuels Association.
“Roughly a month after President Joe Biden took office, his EPA reversed the federal government’s stand, saying the EPA agrees with the appeals court that the exemption was intended to operate as a temporary measure.”
Keith Good is the social media manager for the farmdoc project at the University of Illinois. He has previously worked for the USDA’s National Agricultural Statistics Service, and compiled the daily FarmPolicy.com News Summary from 2003-2015. He is a graduate of Purdue University (M.S.- Agricultural Economics), and Southern Illinois University School of Law.
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