(Renewable Fuels Association) Newly available court documents assert that the U.S. Environmental Protection Agency inappropriately granted Renewable Fuel Standard (RFS) compliance exemptions to certain small refineries that did not even qualify for the waivers, and that there was division within the Trump administration about its new approach to small refinery hardship exemption requests.
Specifically, the briefs and supporting documents show EPA granted disproportionate economic hardship exemptions to small refineries whose previous exemptions had fully lapsed, meaning the Agency disregarded the requirement that refiners may only obtain an “extension” of an existing exemption.
The redacted briefs and other documents filed in the Tenth Circuit Court of Appeals pertain to Renewable Fuels Association et al. v. EPA, which addresses EPA’s decisions to retroactively grant hardship exemptions to two refineries owned by HollyFrontier and one refinery owned by CVR’s Wynnewood subsidiary. An audio file of the oral argument was also recently made available by the Court.
The exemptions, which include two granted for RFS compliance year 2016 and one for compliance year 2017, were impermissible under the statute and based on analysis that rendered EPA’s actions arbitrary and capricious, according to the opening and reply briefs filed by RFA, along with the American Coalition for Ethanol, the National Corn Growers association, and National Farmers Union.
The petitioners’ briefs argue that EPA, in addition to ignoring the commonsense meaning of “extension,” also misinterpreted the phrase “disproportionate economic hardship”—the statutory criteria required to extend an exemption. EPA’s interpretation is also undermined by the agency’s own published conclusions that RFS compliance costs are generally passed through to purchasers of fuel and are borne proportionately for small and large refineries alike.
The parties’ filings also revealed what ethanol interests had suspected for quite some time – that EPA was granting full exemptions not only where the Department of Energy had recommended only a partial exemption, but even where DOE had recommended a denial of the small refinery exemption extension in its entirety. EPA’s supplemental proposed rulemaking for the 2020 RVO, while proposing an inadequate solution to the small refiner exemption problem, reveals the extent to which EPA departed from DOE’s recommendations. For the 2016-2018 compliance years, DOE on average recommended that 7.6 billion gallons of gasoline and diesel from small refineries be exempted from RFS obligations; however, EPA disregarded those recommendation and actually exempted an average of 12.8 billion gallons.
Although EPA maintained that the statute gives it final say on whether to extend the exemptions, EPA’s decision to grant a full exemption where DOE recommended full denial is at odds with the recently released EPA decision document for 2018 small refinery exemptions, where EPA indicated that it denied all exemption requests where DOE had recommended denials.
Although the issues have been fully briefed by the parties, on October 15, RFA and the other petitioners filed a request for the Court to consider three new documents that reveal disagreement within the administration regarding its approach to small refinery exemptions.
The first document, a memo authored by Francis Brooke, Special Assistant on the President’s National Economic Council, describes a 2018 proposal to resolve the differences between ethanol and oil interests in part by a “restructuring” whereby “EPA will grant future small refinery exemptions based on only true disproportionate economic hardship,” implying the administration was knowingly issuing waivers to small refineries who were not truly experiencing disproportionate economic hardship. The second document details the reservations of David Schnare, one of the senior aides to Former EPA Administrator Scott Pruitt, regarding the Agency’s granting of small refinery exemptions that Schnare maintained were unlawful. The third document is the EPA decision document for 2018 exemption extensions, showing inconsistencies in EPA’s adherence to DOE recommendations.
A decision by the court, which could impact how EPA grants other retroactive small refinery exemptions in the future, may come by early 2020. READ MORE
Coalition Challenges EPA on 2018 Refinery Waivers (Renewable Fuels Association)
Ethanol supporters request consideration on more documents ahead of new hearing (RFD TV)
Excerpt from Renewable Fuels Association: A coalition of renewable fuel and agricultural trade organizations filed a petition Tuesday afternoon with the Court of Appeals for the District of Columbia Circuit, challenging the process by which the U.S. Environmental Protection Agency (EPA) exempted certain unknown small refineries from their respective Renewable Fuel Standard obligations for 2018. The coalition includes the American Coalition for Ethanol, Growth Energy, National Biodiesel Board, National Corn Growers Association, National Farmers Union, and Renewable Fuels Association.
Unlike previous years, EPA’s entire decision document was only two pages long, the coalition noted in their petition. In these short two pages, EPA purported to resolve 36 pending petitions for disproportionate economic hardship exemptions—a decision that exempted small refineries from having to blend almost one and a half billion gallons of renewable fuel.
The brief document does not reveal any details and contains only the most bare-bones reasoning for EPA’s decision. Further, the decision did not transparently address whether any of the small refineries were eligible to receive extensions of their exemptions and did not include an analysis of ‘disproportionate economic hardship’, as the statute envisions.
“Even as the Trump Administration indicates it is taking steps to account for future small refinery exemptions, the coalition remains concerned that EPA’s abuse of the small refinery exemption program diverges from the spirit and letter of the Clean Air Act,” the coalition stated. “From a substantive and procedural perspective, this is not the way for a federal agency to make such a momentous decision.”
A copy of the coalition petition is available here. READ MORE
More than 50,000 articles in our online library!
Use the categories and tags listed below to access the nearly 50,000 articles indexed on this website.
Advanced Biofuels USA Policy Statements and Handouts!
- For Kids: Carbon Cycle Puzzle Page
- Why Ethanol? Why E85?
- Just A Minute 3-5 Minute Educational Videos
- 30/30 Online Presentations
- “Disappearing” Carbon Tax for Non-Renewable Fuels
- What’s the Difference between Biodiesel and Renewable (Green) Diesel? 2020 revision
- How to De-Fossilize Your Fleet: Suggestions for Fleet Managers Working on Sustainability Programs
- New Engine Technologies Could Produce Similar Mileage for All Ethanol Fuel Mixtures
- Action Plan for a Sustainable Advanced Biofuel Economy
- The Interaction of the Clean Air Act, California’s CAA Waiver, Corporate Average Fuel Economy Standards, Renewable Fuel Standards and California’s Low Carbon Fuel Standard
- Latest Data on Fuel Mileage and GHG Benefits of E30
- What Can I Do?
Donate
DonateARCHIVES
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- June 2007
- February 2007
- January 2007
- October 2006
- April 2006
- January 2006
- April 2005
- December 2004
- November 2004
- December 1987
CATEGORIES
- About Us
- Advanced Biofuels Call to Action
- Aviation Fuel/Sustainable Aviation Fuel (SAF)
- BioChemicals/Renewable Chemicals
- BioRefineries/Renewable Fuel Production
- Business News/Analysis
- Cooking Fuel
- Education
- 30/30 Online Presentations
- Competitions, Contests
- Earth Day 2021
- Earth Day 2022
- Earth Day 2023
- Earth Day 2024
- Executive Training
- Featured Study Programs
- Instagram TikTok Short Videos
- Internships
- Just a Minute
- K-12 Activities
- Mechanics training
- Online Courses
- Podcasts
- Scholarships/Fellowships
- Teacher Resources
- Technical Training
- Technician Training
- University/College Programs
- Events
- Coming Events
- Completed Events
- More Coming Events
- Requests for Speakers, Presentations, Posters
- Requests for Speakers, Presentations, Posters Completed
- Webinars/Online
- Webinars/Online Completed; often available on-demand
- Federal Agency/Executive Branch
- Agency for International Development (USAID)
- Agriculture (USDA)
- Commerce Department
- Commodity Futures Trading Commission
- Congressional Budget Office
- Defense (DOD)
- Air Force
- Army
- DARPA (Defense Advance Research Projects Agency)
- Defense Logistics Agency
- Marines
- Navy
- Education Department
- Energy (DOE)
- Environmental Protection Agency
- Federal Energy Regulatory Commission (FERC)
- Federal Reserve System
- Federal Trade Commission
- Food and Drug Administration
- General Services Administration
- Government Accountability Office (GAO)
- Health and Human Services (HHS)
- Homeland Security
- Housing and Urban Development (HUD)
- Interior Department
- International Trade Commission
- Joint Office of Energy and Transportation
- Justice (DOJ)
- Labor Department
- National Academy of Sciences
- National Aeronautics and Space Administration
- National Oceanic and Atmospheric Administration
- National Research Council
- National Science Foundation
- National Transportation Safety Board (NTSB)
- Occupational Safety and Health Administration
- Overseas Private Investment Corporation
- Patent and Trademark Office
- Securities and Exchange Commission
- State Department
- Surface Transportation Board
- Transportation (DOT)
- Federal Aviation Administration
- National Highway Traffic Safety Administration (NHTSA)
- Pipeline and Hazardous Materials Safety Admin (PHMSA)
- Treasury Department
- U.S. Trade Representative (USTR)
- White House
- Federal Legislation
- Federal Litigation
- Federal Regulation
- Feedstocks
- Agriculture/Food Processing Residues nonfield crop
- Alcohol/Ethanol/Isobutanol
- Algae/Other Aquatic Organisms/Seaweed
- Atmosphere
- Carbon Dioxide (CO2)
- Field/Orchard/Plantation Crops/Residues
- Forestry/Wood/Residues/Waste
- hydrogen
- Manure
- Methane/Biogas
- methanol/bio-/renewable methanol
- Not Agriculture
- RFNBO (Renewable Fuels of Non-Biological Origin)
- Seawater
- Sugars
- water
- Funding/Financing/Investing
- grants
- Green Jobs
- Green Racing
- Health Concerns/Benefits
- Heating Oil/Fuel
- History of Advanced Biofuels
- Infrastructure
- Aggregation
- Biofuels Engine Design
- Biorefinery/Fuel Production Infrastructure
- Carbon Capture/Storage/Use
- certification
- Deliver Dispense
- Farming/Growing
- Precursors/Biointermediates
- Preprocessing
- Pretreatment
- Terminals Transport Pipelines
- International
- Abu Dhabi
- Afghanistan
- Africa
- Albania
- Algeria
- Angola
- Antarctica
- Argentina
- Armenia
- Aruba
- Asia
- Asia Pacific
- Australia
- Austria
- Azerbaijan
- Bahamas
- Bahrain
- Bangladesh
- Barbados
- Belarus
- Belgium
- Beliz
- Benin
- Bermuda
- Bhutan
- Bolivia
- Bosnia and Herzegovina
- Botswana
- Brazil
- Brunei
- Bulgaria
- Burkina Faso
- Burundi
- Cambodia
- Cameroon
- Canada
- Caribbean
- Central African Republic
- Central America
- Chad
- Chile
- China
- Colombia
- Congo, Democratic Republic of
- Costa Rica
- Croatia
- Cuba
- Cyprus
- Czech Republic
- Denmark
- Dominican Republic
- Dubai
- Ecuador
- El Salvador
- Equatorial Guinea
- Eqypt
- Estonia
- Ethiopia
- European Union (EU)
- Fiji
- Finland
- France
- French Guiana
- Gabon
- Georgia
- Germany
- Ghana
- Global South
- Greece
- Greenland
- Guatemala
- Guinea
- Guyana
- Haiti
- Honduras
- Hong Kong
- Hungary
- Iceland
- India
- Indonesia
- Iran
- Iraq
- Ireland
- Israel
- Italy
- Ivory Coast
- Jamaica
- Japan
- Jersey
- Jordan
- Kazakhstan
- Kenya
- Korea
- Kosovo
- Kuwait
- Laos
- Latin America
- Latvia
- Lebanon
- Liberia
- Lithuania
- Luxembourg
- Macedonia
- Madagascar
- Malawi
- Malaysia
- Maldives
- Mali
- Malta
- Marshall Islands
- Mauritania
- Mauritius
- Mexico
- Middle East
- Monaco
- Mongolia
- Morocco
- Mozambique
- Myanmar/Burma
- Namibia
- Nepal
- Netherlands
- New Guinea
- New Zealand
- Nicaragua
- Niger
- Nigeria
- North Africa
- North Korea
- Northern Ireland
- Norway
- Oman
- Pakistan
- Panama
- Papua New Guinea
- Paraguay
- Peru
- Philippines
- Poland
- Portugal
- Qatar
- Romania
- Russia
- Rwanda
- Saudi Arabia
- Scotland
- Senegal
- Serbia
- Sierra Leone
- Singapore
- Slovakia
- Slovenia
- Solomon Islands
- South Africa
- South America
- South Korea
- South Sudan
- Southeast Asia
- Spain
- Sri Lanka
- Sudan
- Suriname
- Swaziland
- Sweden
- Switzerland
- Taiwan
- Tanzania
- Thailand
- Timor-Leste
- Togo
- Trinidad and Tobago
- Tunisia
- Turkey
- Uganda
- UK (United Kingdom)
- Ukraine
- United Arab Emirates UAE
- Uruguay
- Uzbekistan
- Vatican
- Venezuela
- Vietnam
- Wales
- Zambia
- Zanzibar
- Zimbabwe
- Marine/Boat Bio and Renewable Fuel/MGO/MDO/SMF
- Marketing/Market Forces and Sales
- Opinions
- Organizations
- Original Writing, Opinions Advanced Biofuels USA
- Policy
- Presentations
- Biofuels Digest Conferences
- DOE Conferences
- Bioeconomy 2017
- Bioenergy2015
- Biomass2008
- Biomass2009
- Biomass2010
- Biomass2011
- Biomass2012
- Biomass2013
- Biomass2014
- DOE Project Peer Review
- Other Conferences/Events
- R & D Focus
- Carbon Capture/Storage/Use
- Co-Products
- Feedstock
- Logistics
- Performance
- Process
- Vehicle/Engine/Motor/Aircraft/Boiler
- Yeast
- Railroad/Train/Locomotive Fuel
- Resources
- Books Web Sites etc
- Business
- Definition of Advanced Biofuels
- Find Stuff
- Government Resources
- Scientific Resources
- Technical Resources
- Tools/Decision-Making
- Rocket/Missile Fuel
- Sponsors
- States
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawai'i
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Midwest
- Minnesota
- Mississippi
- Missouri
- Montana
- Native American tribal nation lands
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington DC
- West Coast
- West Virginia
- Wisconsin
- Wyoming
- Sustainability
- Uncategorized
- What You Can Do
tags
© 2008-2023 Copyright Advanced BioFuels USA. All Rights reserved.
Comments are closed.