by Kelsey Tamborrino (Politico's Morning Energy) EPA's online dashboard shows the agency has now received nearly 100 petitions for small refinery exemptions to the Renewable Fuel Standard mandates dating back to 2011, Pro's Eric Wolff reports. Since June, EPA has received two new petitions for each of 2011 and 2012, three new petitions for each of 2013, 2014 and 2015, plus one more for 2016. That brings the number of requests for the so-called gap year petitions to 65, and the total number of pending waiver requests to 98.
Earlier this week, Trump told Sen. Joni Ernst (R-Iowa) he would personally take up the issue of the exemptions, though his administration appears poised to wait until after the November election to make any decisions rather than risk alienating the powerful agricultural or petroleum sectors. READ MORE
EPA: 12 more SRE petitions filed, 98 now pending (Ethanol Producer Magazine)
EPA Small Refinery Waiver Requests Nearing 100 (Energy.AgWired.com)
Ethanol Blog: EPA Now Has 98 Pending Requests for Small-Refinery Exemptions (DTN Progressive Farmer)
Ag Policy Blog: Penalty Flag Thrown on EPA Administrator Andrew Wheeler (DTN Progressive Farmer)
RFS ‘Gap Year’ Waivers, Like All Small Refinery Exemptions, Do Not Impact Ethanol Blending (American Fuel & Petrochemical Manufacturers)
Excerpt from Ethanol Producer Magazine: The newly filed SRE petitions include one for Renewable Fuel Standard compliance year 2011, one for compliance year 2012, two for compliance year 2013, two for compliance year 2014, two for compliance year 2015, one for compliance year 2016, one for compliance year 2019 and two for compliance year 2020. The total number of SRE petitions pending now include eight for compliance year 2011, eight for compliance year 2012, thirteen for compliance year 2013, fourteen for compliance year 2014, thirteen for compliance year 2015, nine for compliance year 2016, two for compliance year 2018, 28 for compliance year 2019, and three for compliance year 2020.
According to the EPA’s online SRE dashboard, gap year SRE petitions currently account for 65 of the 98 pending SRE petitions. Those gap year petitions have been filed with the agency in an effort to circumvent a Jan. 24 ruling by the Tenth Circuit Court of Appeals that struck down three SREs previously approved by the EPA and determined that the agency cannot extend exemptions to any small refinery whose earlier, temporary exemptions had lapsed. If applied nationally, the ruling was expected to limit eligibility for future SREs to a small number of small refineries. The gap year SRE petitions filed with the EPA in recent months represent an effort by several small refiners to create a continuous chain of SRE approvals that would allow the affected refineries to maintain eligibility for future SREs.
While under statute the EPA has 90 days to issue a decision on SRE petitions, EPA Administrator Andrew Wheeler has indicated that deadline will likely not be met for gap year petitions.
During a visit to Wisconsin on Aug. 12, Wheeler said he doesn’t know how long it will take the agency to review the gap year waivers and noted that they are trickier to review than normal SRE petitions because of their retroactive nature.
He indicated he doesn’t know how the agency should handle the waivers, noting he’s unsure how a refinery could prove it experienced severe economic harm several years in the past if its still in existence today and stressed the EPA is unsure how it would offer a remedy in the event a refinery was able to demonstrate economic harm. “The appropriate remedy would not be to give people current year RINs for something from 2012 or 2013, and you can’t give them RINs for 2012 or 2013 because those RINs are worthless now,” he said.
...
Additional SRE data is available on the EPA website. READ MORE
Excerpt from DTN Progressive Farmer:
We're just going to have to throw the penalty flag on EPA Administrator Andrew Wheeler.
The only real question is whether it's for delay of game or intentional grounding.
As DTN's Todd Neeley wrote Thursday, EPA now has 98 small-refinery exemption requests before it. Of those, 67 SRE requests go back from 2011 to 2018.
Looking at the replay, etc., it's obvious Wheeler is just watching the clock tick down. He isn't calling a time out on SREs and he isn't following the Tenth Circuit Court of Appeals decision.
Meanwhile, as Neeley also reported, Iowa Sen. Joni Ernst, a freshman Republican, called on President Donald Trump to fix the situation earlier this week. Trump said he would speak to EPA about it. https://www.dtnpf.com/…
Do Wheeler and brain trust at EPA really think they can just continue running the clock to get through the next 73 days without making some decisions? Is this some hold for an electoral dramatic effect? Nothing would be surprising here.
It was Aug. 9 last year when EPA announced the 31 SREs, and that decision had serious negative impacts on the ethanol industry. It lead to an agreement or understanding that ethanol would get 15 billion gallons assured in the annual Renewable Fuels Standard obligations going forward.
That's a second flag on Wheeler. Ruling on the field here. EPA should have had the 2021 proposed volume obligations out by now. That's because the law is supposed to require EPA to finalize RFS volumes by Nov. 30.
So right now that's back-to-back penalties facing Wheeler, if we got to throw flags. Intentional grounding should mean a loss of down, though.
Agricultural and biofuel groups are doing what they can here to point out these penalties. On Friday, the National Farmers Union weighed in. A reader would infer from NFU President Rob Larew's comments that an EPA administrator who had worked for the fossil fuels industry is playing favorites here.
...
We might have to take a look at the replay again. Wheeler's penalty could be upgraded to targeting. For crop farmers and the biofuels industry, the call is at least a personal foul at this point. READ MORE
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