DOE Still Reviewing Gap-Year Small Oil Refiner Petitions

Energy (DOE)Environmental Protection Agency Federal Agency/Executive Branch Federal Litigation Federal Regulation Iowa Opinions Policy

July 20, 2020

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(Fairfield Sun Times/NAFB) ... (U.S. Energy Secretary Dan) Brouillette argued there were differing legal opinions on the ruling’s impact on ‘gap-year’ waivers, but conceded DOE’s method for analyzing and recommending EPA reject the same waivers in earlier years hasn’t changed.

Which gave (Dave) Loebsack (D-IA 2nd District) an opening.

“Well, if it’s not change the methodology, then, doesn’t it stand to reason that DOE would have no choice but to score these ‘do-over’ gap year petitions, exactly the same way the Department did the first time?” asked Loebsack.

Yes, Sir, we’ve not changed our methodology," said Brouillette. "We have done this in the same manner in which we’ve done, since the creation of the program, back in 2005.”

Brouillette couldn’t give the status of the current review, or when DOE might submit its recommendations to EPA, nor could he say if DOE has competed review of 27 petitions for the 2019 compliance year.

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