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ABA's EPA Biofuel Waivers Lawsuit Dismissed (Reg. & Leg.)
Advanced Biofuels Association
Date: 2019-11-15
Following up on our 26th April coverage, the Washington, D.C., District Court of Appeals has dismissed the Advance Biofuels Association's (ABA) lawsuit challenging the EPA's use of small refinery exemptions on the grounds that the ABA failed to "identify a final agency action."

In its suit, the ABA claimed the EPA was exceeding its authority when it granted a larger number of waivers under the Renewable Fuels Standard (RFS) to small oil refineries. The court did, however, note "the EPA's briefing and oral argument paint a troubling picture of intentionally shrouded and hidden agency law that could have left those troubled by the agency's actions without a viable avenue for judicial review."

Since 2016, the EPA has granted a total of 85 waivers accounting for 4.04 billion gallons of biofuels that were not blended into the nation's fuel supply.

As previously noted, "hardship waivers" were intended for refineries producing 75,000 bpd or less and suffered "disproportionate economic hardship" from the costs of RFS compliance. The waiver frees the refineries from an obligation to provide the EPA with biofuels credits proving compliance. (Source: Various Media, NAFB News Service, 13 Nov., 2019) Contact: Advanced Biofuels Association, www.advancedbiofuelsassociation.com

More Low-Carbon Energy News Advanced Biofuels Association,  EPA RFS,  RFS Waiver ,  


Attis Industries Joins the Advanced Biofuels Assoc. (Ind. Report)
Attis Industries, Advanced Biofuels Association
Date: 2019-07-10
Milton, Georgia-headquartered Attis Industries Inc., a diversified innovation and technology holding company with a corn ethanol production asset in Fulton, NY, reports it joined the Advanced Biofuels Association (ABFA).

The ABFA supports and advocates for public policies that are technology neutral, utilize sustainable feedstocks, and offer subsidy parity to ensure all viable advanced biofuels can compete with the benefit of a level playing field. The ABFA engages government at all levels to secure support for the advanced biofuels industry, allowing its member companies to commercialize their technologies and bring products to market that are competitive and compatible with petroleum-based fuels and byproducts. (Source: Attis Industries, PR, Globe Newswire, 10 July, 2019) Contact: Advanced Biofuels Association

More Low-Carbon Energy News Attis Industries news,  Ethanol news,  Advanced Biofuels Association news,  


ABFA Acts Against Additional EPA "Hardship Waivers" (Reg. & Leg.)
Advanced Biofuels Association
Date: 2019-05-01
Further to our 11 March coverage, on April 24th, the Advanced Biofuels Association (ABA) filed a motion for a preliminary injunction to prevent U.S. EPA Administrator Andrew Wheeler from granting additional small refinery "hardship waivers" until the resolution of its pending lawsuit against EPA.

"Since EPA began granting these additional exemptions behind closed doors, we have seen devastating market impacts and dropping prices for renewable identification numbers (RINs). We need to stop the bleeding and prevent EPA from ABFA's lawsuit against EPA challenges its methodology for granting these exemptions, arguing the agency more than doubled the number of exempted refineries by illegally changing its petition review process behind closed doors," said ABFA Pres. Michael McAdams.

"Administrator Wheeler has indicated his intention to move forward on decisions for as many as 39 additional exemptions this year. ABFA cannot stand by while EPA unilaterally and illegally undermines the integrity of the RFS program. These new exemptions provide a financial windfall to refineries at the expense of biofuel producers and distributors. EPA is punishing the parties who have worked to increase the amount of renewable fuel blended into the U.S. transportation fuel supply as Congress intended by enacting the RFS first in 2005 and expanding it in 2007.

"For the first time since the inception of the RFS, we are seeing reductions in U.S. renewable fuel blending, and EPA's actions are to blame. Until the court is able to rule on the merits of ABFA's pending lawsuit, the agency should be prevented from taking further action."

"Hardship waivers" were intended for refineries producing 75,000 bpd or less and suffered "disproportionate economic hardship" from the costs of RFS compliance. The waiver frees the refineries from an obligation to provide the EPA with biofuels credits proving compliance. In 2017, the number of small refineries filing for exemptions retroactively for 2016 jumped from 14 the previous year to 20. The rate in which EPA granted these petitions also increased dramatically from 53 pct to 95 pct. (Source: Advanced Biofuels Association, 30 April, 2019)Contact: Advanced Biofuels Association, www.advancedbiofuelsassociation.com

More Low-Carbon Energy News "Hardship Waiver",  Advanced Biofuels Association ,  


ABA Asks Court to Quash EPA RFS "Hardship Waivers" (Reg. & Leg.)
Advanced Biofuels Association
Date: 2019-04-26
According to a recent brief filed by attorneys on behalf of the Advanced Biofuels Association (ABA) in a U.S. Court of Appeals for the District of Columbia Circuit court in Washington, the US EPA broke away from Renewable Fuel Standard (RFS) requirements for granting small-refinery waivers starting in May 2017 and continued to deny a congressional order regarding which refiners qualify.

The suit contends the EPA approved waivers for small refiners that didn't meet the minimum U.S. DOE score to qualify, and improperly considered the debts of small-refiners' parent companies when considering waiver requests. The brief also noted the agency considered small-refiners' operating losses whether or not they were related to RFS compliance. The agency also considered what small refiners might spend on biofuel credits, without looking at revenue the refiners would later generate from sales of Renewable Identification Numbers (RINs). Accordingly, the ABA suit asked the court to declare the EPA's methodology for determining disproportionate economic hardship "unlawful" and to strike down the agency's economic "hardship" policy.

As previously noted, "hardship waivers" were intended for refineries producing 75,000 bpd or less and suffered "disproportionate economic hardship" from the costs of RFS compliance. The waiver frees the refineries from an obligation to provide the EPA with biofuels credits proving compliance. In 2017, the number of small refineries filing for exemptions retroactively for 2016 jumped from 14 the previous year to 20. The rate in which EPA granted these petitions also increased dramatically from 53 pct to 95 pct. (Source: ABA, DTN, April, 2019) Contact: Advanced Biofuels Association, www.advancedbiofuelsassociation.com

More Low-Carbon Energy News Advanced Biofuels Association,  "hardship Waiver: RFS,  


ABA Claims EPA Strayed on RFS "Hardship Waivers" (Reg & Leg)
EPA,Advanced Biofuels Association
Date: 2019-03-11
According to a brief filed by attorneys on behalf of the Advanced Biofuels Association (ABA) in a U.S. Court of Appeals for the District of Columbia Circuit court in Washington last Wednesday, the US EPA broke away from Renewable Fuel Standard (RFS) requirements for granting small-refinery waivers starting in May 2017 and continued to deny a congressional order regarding which refiners qualify.

The suit contends the EPA approved waivers for small refiners that didn't meet the minimum U.S. DOE score to qualify, and improperly considered the debts of small-refiners' parent companies when considering waiver requests. The brief also noted the agency considered small-refiners' operating losses whether or not they were related to RFS compliance. The agency also considered what small refiners might spend on biofuel credits, without looking at revenue the refiners would later generate from sales of Renewable Identification Numbers (RINs).

Accordingly, the ABA suit asked the court to declare the EPA's methodology for determining disproportionate economic hardship "unlawful" and to strike down the agency's economic "hardship" policy.

As previously reported, "hardship waivers" were intended for refineries producing 75,000 bpd or less and suffered "disproportionate economic hardship" from the costs of RFS compliance. The waiver frees the refineries from an obligation to provide the EPA with biofuels credits proving compliance. In 2017, the number of small refineries filing for exemptions retroactively for 2016 jumped from 14 the previous year to 20. The rate in which EPA granted these petitions also increased dramatically from 53 pct to 95 pct. (Source: ABA, DTN, 8 Mar., 2019) Contact: Advanced Biofuels Association, www.advancedbiofuelsassociation.com

More Low-Carbon Energy News Advanced Biofuels Association ,  RFS,  Hardship Waiver,  

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