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, according to the Renewable Fuels Association (RFA)
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: US EPA, 22 Feb., 2021)Contact: RFA, www.ethanolrfa.org
More Low-Carbon Energy News RFA, Renewable Fuel Standard, "Hardship Waiver", Ethanol Blend,
A Successful Farming report notes the U.S. Midwest, which produces more ethanol than any other region in the country, saw its production drop to 868,000 bpd from day from 895,000 bpd from the previous week and the lowest output level since late September. The East Coast and Gulf Coast regions stayed at an average of 12,000 bpd while the Rocky Mountain and West Coast production levels were unchanged at 9,000 bpd, on average, according to the EIA. Stockpiles increased to 24.297 million barrels in the seven days ending on February 12.
In other ethanol industry news, the US EPA has announced all 16 "hardship waiver" exemption petitions under the Renewable Fuel Standard (RFS) from 2020 are still pending. In total, 66 petitions that date back as far as 2011 are still pending.
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: US EIA, Ag Central News, 20 Feb., 2021) Contact: US EIA, www.eia.gov
More Low-Carbon Energy News US EIA, Ethanol, RFS, "Hardship" Waiver,
"Based on empirical evidence from SREs improperly granted in other compliance years, the new 2018-2019 SREs will likely have a sudden, negative impact on both ethanol sales volumes and prices. This would be devastating to America's ethanol producers, many of which are already on the brink of closure due to the ongoing impact of the COVID-19 pandemic. This action by EPA is completely without legal merit," RFA Pres. and CEO Geoff Cooper Noted:
"This midnight-hour attempt by the Trump administration to damage the Renewable Fuel Standard (RFS) and sabotage the ethanol industry's recovery from the COVID pandemic simply cannot be allowed to prevail. With just hours remaining in his shameful term as EPA administrator, Wheeler couldn't stop himself from doling out a few more Clean Air Act compliance exemptions to his well-connected friends. But the fact remains that this action by EPA is completely without legal merit. It flouts both the statute and recent court decisions that clearly limit EPA's authority and ability to grant these exemptions. And while this action comes as one last sucker punch from the Trump administration, we are confident it will be a hollow victory for the politically connected oil companies receiving today's waivers, as the new Biden administration will most certainly act quickly to restore the volumes erased by these waivers," RFA president and CEO Geoff Cooper said.
"Farm families and biofuel workers across the country have worked tirelessly to make a living over the past few months despite a global pandemic. And yet, the Trump administration's SRE abuse has piled on to the uncertainty and difficulty that rural Americans are facing every day," according to Growth Energy CEO Emily Skor.
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: RFA, Growth Energy, AgriNews, 30January, 2021)
Contact: Growth Energy, Emily Skor, (202) 545-4000, www.growthenergy.org; RFA, Geoff Cooper, Pres., CEO, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News Ethanol, Biofuel, Biofuel Blend, RFA, Growth Energy, RFS, "Hardship" Waivers, ,
The agency proposed a new 2019 compliance deadline of 30 November 2021, with a 1 June 2022 deadline for refineries processing less than 75,000 b/d of crude a year. The 2020 mandates would have deadlines of 31 January 2022 and 1 June 2022 for small refineries, under the proposal. Deadlines to prove compliance for the 2019 mandates were last March, and for the 2020 compliance year March of this year.
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: EPA, PR, 14 Jan., 2021)
More Low-Carbon Energy News EPA, Renewable Fuel Standard, , Hardship Waiver, Biofuel Blending,
Under the January 2020 ruling that the Supreme Court will now review, the EPA was found to have wrongly waived three refineries from the renewable fuel requirements. A three-judge panel of the 10th Circuit also said that refineries are only eligible for relief if they have received uninterrupted, continuous extensions of the exemptions -- an exclusion that means only a handful nationwide will qualify.
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 Trade Media, 8 Jan., 2021)
More Low-Carbon Energy News RFS Waiver, Renewable Fuel Standard, Hardship Waivers,
The filing argues the EPA was not authorized to issue the exemptions and that it acted in an arbitrary and capricious manner in its decision.
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.
Download the coalition's brief HERE. (Source: Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, National Farmers Union, 8 Dec., 2020)
Contact: National Farmers Union, Rob Larew, Pres., (202) 554-1600, www.nfu.org; Renewable Fuels Association, Geoff Cooper, Pres., CEO, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News RFS Hardship Waiver, Renewable Fuels Association, RFS, National Farmers Union,
EPA administrator Andrew Wheeler stated that the agency would not act on waiver requests for compliance years since 2019 until ongoing court challenges to prior decisions are settled.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
On Sept 18 we reported Trump had suggested he'd provide $300 million to oil refiners and that those funds would come out of the USDA Commodity Credit Corp. (CCC) which is intended to provide farmers with Market Facilitation Program (MFP) payments. Trump later denied suggesting cash payments to refineries whose waiver applications had been rejected. (Source: EPA, Various Media, 19 Nov., 2020)
More Low-Carbon Energy News EPA, Renewable Fuel Standard, , Hardship Waiver, Biofuel Blending,
In a blatant move to win support and placate the biofuels and refinery interests, Trump has suggested he'd provide $300 million to oil refiners and that those funds would come out of the USDA Commodity Credit Corp. (CCC) which is intended to provide farmers with Market Facilitation Program (MFP) payments.
Commenting on Trump's possible cash payments to refiners scheme, former Agriculture Secretary Tom Vilsack said he "strongly expects that no action will be taken on the remaining waivers until after the election." Vilsack was critical of the reports that the President indicated that he would offer $300 million through the CCC fund in lieu of the waiver approvals, as the CCC is designed specifically to be used by USDA for the purpose of helping farmers.
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: EPA, Feedstuffs, 17 Sept., 2020)
More Low-Carbon Energy News Trump, RFS, Refinery Waivers, Biofuel Blend, Tom Vilsack ,
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
Interestingly, it is being widely reported that Trump is suggesting cash payments to refineries that have had waiver applications rejected, thus placating the biofuels and oil industries in a thinly-veiled move to win re-election in Nov. (Source: Various Media, OilPrice, 14 Sept., 2020)
More Low-Carbon Energy News Trump, RFS, Refinery Waivers, Biofuel Blend,
The president's could be seen as an effort to shore up his support in the Corn Belt states.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.Under the U.S. Renewable Fuel Standard, the nation's oil refineries are required to blend billions of gallons of biofuels such as ethanol into the fuel or buy credits from those that do. But the EPA can waive their obligations if they prove compliance would cause them financial distress. (Source: Chronicle Herald, 10 Sept., 2020)
More Low-Carbon Energy News Trump, RFS, Refinery Waivers, Biofuel Blend,
NBB wants farmers to go to their website and complete a pre-written request to the President and EPA administrator to reject those gap small refiner waivers, 85 bof which have been issues over the past three years.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
(Source: NBB, WNAX 26 Aug., 2020) Contact: NBB, Paul Winters, Pres., Kurt Kovarik, VP of Federal Affairs, (800) 841-5849, www.nbd.org
More Low-Carbon Energy News National Biodiesel Board, NBB, RFS Waivers ,
The agency now lists seven pending requests each for 2011 and 2012, 11 each for 2013 and 2015, 12 in 2014, eight in 2016 and two in 2018, as well as 27 listed for 2019 and one for 2020. The agency granted 85 waivers for the period 2016 to 2018.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.Under the U.S. Renewable Fuel Standard, the nation's oil refineries are required to blend billions of gallons of biofuels such as ethanol into the fuel or buy credits from those that do. But the EPA can waive their obligations if they prove compliance would cause them financial distress. (Source: EPA,DTN, 16 July, 2020)
More Low-Carbon Energy News RFS, Hardship Waivers, Biofuel Blend,
"My House colleagues and I have written President Trump twice recently, asking him to protect the RFS. This message is clear -- the EPA must follow the law and stop reducing the amount of renewable fuel in our fuel supply. Our farmers need this market. South Dakota's biofuels industry can produce more than 1 billion gallons annually, adding more than $980 million to the economy -- but this only happens if there is reliable market access. The EPA can get this done.
"The nation's eyes were on South Dakota during President Trump's visit to Mount Rushmore. I'll continue to deliver agriculture's request that the EPA support clear, homegrown biofuels. The president supports farmers -- and it's time the EPA does, too." -- South Dakota congressman Dusty Johnson (R).
Editor's Note: 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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied. (Source: Rep. Dusty Johnson , Mitchell Republic, 12 July, 2020)
Contact: Rep. Dusty Johnson , (202) 225-2801, www.dustyjohnson.house.gov
More Low-Carbon Energy News US EPA, Andrew Wheeler, Renewable Fuel Standard, RFS Waiver,
According to the Energy Information Administration (EIA) the states currently under the COVID-19 pandemic "stay at home orders" account for 95 pct of US fuel demand. Meanwhile, ethanol market producers and players say that it is a "convenient reason for them (oil refiners) to escape a US law", and that doing so would further harm ethanol demand.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.Under the U.S. Renewable Fuel Standard, the nation's oil refineries are required to blend billions of gallons of biofuels such as ethanol into the fuel or buy credits from those that do. But the EPA can waive their obligations if they prove compliance would cause them financial distress.(Source: Various Trade Media, ICIS, 17 April, 2020)
More Low-Carbon Energy News RFS, Hardship Waiver, Biofuel Blend,
The coalition took the EPA to court and won over several "hardship" exemptions the EPA granted to small refineries, releasing them from their renewable fuel obligations in 2016 and 2017. The Trump Administration sought and secured an extension of the appeal deadline until Tuesday, March 24, this year.
"With the renewable fuels industry reeling from coronavirus, trade disputes and small refinery exemptions, now is certainly not the time for the Trump administration to take any action that would cause further pain for ethanol producers or the farmers that supply them. The best thing they could do to support our industry and keep ethanol plants open is to announce immediately that they will not appeal," the coalition wrote.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.Under the U.S. Renewable Fuel Standard, the nation's oil refineries are required to blend billions of gallons of biofuels such as ethanol into the fuel or buy credits from those that do. But the EPA can waive their obligations if they prove compliance would cause them financial distress.
(Source: American Coalition for Ethanol , Various Trade Media, 18 March 2020) Contact: U.S. Grains Council, Tom Sleight, Pres., (202) 789-0789, (202) 898-0522, www.grains.org; Renewable Fuels Association, Geoff Cooper, (202) 289-3835, www.ethanolrfa.org; American Coalition for Ethanol, Brian Jennings, CEO, (605) 334-3381 ext. 3389, www.ethanol.org
More Low-Carbon Energy News American Coalition for Ethanol, RFS, "Hardship Wiver", Renewable Fuel ,
Following the Bloomberg report, renewable fuel credits for 2019 traded at 35 cents each , up 7 cents while credits for 2020 traded at 40 cents each.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.Under the U.S. Renewable Fuel Standard, the nation's oil refineries are required to blend billions of gallons of biofuels such as ethanol into the fuel or buy credits from those that do. But the EPA can waive their obligations if they prove compliance would cause them financial distress.
(Source: Various Media, Successful Farming, Reuters, 26 Feb., 2020)
More Low-Carbon Energy News Renewable Fuel Standard, RFS, "Hardship" Waiver,
According to Reuters, the company's new game plan is in response to an uncertain ethanol market outlook, the Trump administration's continued issuance of RFS ethanol blending "hardship waivers" and an almost 20 pct drop in revenues from ethanol sales in 2019.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single waiver request for an exemption was denied.
(Source: Green Plains, Successful Farming, Feb., 2020)Contact: Green Plains, Jim Stark, VP-IR, (402) 884-8700, www.gpreinc.com
More Low-Carbon Energy News Green Plains Inc., DDGs, Ethanol, RFS,
The court ruled the EPA cannot "extend” exemptions to any small refineries whose earlier, temporary exemptions had lapsed" as was the case in the three over ruled exemptions.
Geoff Cooper, President and CEO of the Renewable Fuels Association (RFA)noted: "The Court has affirmed our long-held position that EPA's recent practices and policies regarding small refinery exemption extensions were completely unlawful. And while the decision addresses three specific exemptions, the statutory interpretation issues resolved by the court apply much more broadly."
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
(Source: Various Media, Agri-Pulse, 28 Jan., 2020) Contact: Renewable Fuels Association, Geoff Cooper, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News Renewable Fuels Association, RFA, RFS, "Hardship" Waiver, Ethanol Blend,
The U.S. Court of Appeals for the 10th Circuit dated Jan. 24 came after a coalition of biofuel industry groups had challenged the 2016 exemptions for Holly Frontier's Woods Cross and Cheyenne refineries, as well as CVR Energy's Wynewood refinery.
The court ruled the EPA overstepped its authority and errored in granting the waivers because the refineries had not received exemptions in the previous year. The court said the RFS is worded in such a way that any exemption granted to a small refinery after 2010 must take the form of an "extension".
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied. (Source
(Source: Successful Farming, Various Media, Reuters, 25 Jan., 2020)
More Low-Carbon Energy News RFS, Renewable Fuel Standard, "Hardship" Waiver,
In its Jan. 10 reply, the GAO accepted the request as being within the scope of its authority and assigned Mark E. Gaffigan, managing director of Natural Resources and Environment to begin the investigation shortly.
"Granting more than 80 small refinery exemption waivers isn't just something this administration can sweep under the rug," Finkenauer said in a statement announcing the GAO investigation.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
(Source: Office of US Rep. Abby Finkenaur, 10 Jan., 2020) Contact: Office of US Rep. Abby Finkenaur , https://finkenauer.house.gov/sites/finkenauer.house.gov; U.S. Government Accountability Office, (202) 512-3000,
contact@gao.gov, www.gao.gov
More Low-Carbon Energy News Renewable Fuel Standard, "Hardship" Waiver,
Under the U.S. Renewable Fuel Standard (RFS) oil refiners are required to blend some 15 billion gpy of corn-based ethanol into their gasoline, but small facilities can be exempted if compliance would hurt them financially.
The October proposal was intended to placate corn growers and compensate the biofuel industry for the administration's expanded use of refinery exemptions, but which the industry has largely panned as insufficient, according to Reuters. The EPA's October plan would raise the biofuels volumes that some refineries must blend in 2020 based on DOE recommendations for volumes that should be exempted.
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: Reuters, Various Media, 19 Dec., 2019)
For details see our Oct. 21 report as follows -- Proposed Volumes for 2020 and Biomass-Based Diesel Volume for 2021. The Trump administration EPA has issued the attached supplemental notice of proposed rulemaking seeking additional comment on the recently proposed rule to establish the cellulosic biofuel, advanced biofuel, and total renewable fuel volumes for 2020 and the biomass-based diesel volume for 2021 under the Renewable Fuel Standard (RFS) program.
The notice does not change the proposed volumes for 2020 and 2021. Instead, it proposes and seeks comment on adjustments to the way that annual renewable fuel percentages are calculated. Annual renewable fuel percentage standards are used to calculate the number of gallons each obligated party is required to blend into their fuel or to otherwise obtain renewable identification numbers (RINs) to demonstrate compliance.
Specifically, the agency is seeking comment on projecting the volume of gasoline and diesel that will be exempt in 2020 due to small refinery exemptions based on a three-year average of the relief recommended by the BOE, including where DOE had recommended partial exemptions. The agency intends to grant partial exemptions in appropriate circumstances when adjudicating 2020 exemption petitions. The agency proposes to use this value to adjust the way it calculates renewable fuel percentages. The proposed adjustments would help ensure that the industry blends the final volumes of renewable fuel into the nation's fuel supply and that, in practice, the required volumes are not effectively reduced by future hardship exemptions for small refineries. Consistent with the statute, the supplemental notice seeks to balance the goal of the RFS of maximizing the use of renewables while following the law and sound process to provide relief to small refineries that demonstrate the need.
Download the Renewable Fuel Standard Program -- Proposed Volumes for 2020 and Biomass-Based Diesel Volume for 2021 HERE. Contact: EPA Renewable Fuel Standard, 800-385-6164, www.epa.gov/fuels-registration-reporting-and-compliance-help/forms/fuels-program-helpdesk
More Low-Carbon Energy News RFS, "Hardship" Waiver, Ethanol.Ethanol Blend, Iowa Renewable Fuels Association, Red Trail Energy,
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 ,
The coalition's brief noted,
"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. From a substantive and procedural perspective, this is not the way for a federal agency to make such a momentous decision."
(Source: Growth Energy, U.S. Grains Council, and Renewable Fuels Association , 23 Oct., 2019) Contact: Growth Energy, Emily Skor, CEO, Elizabeth Funderburk, (202) 545-4000, EFunderburk@GrowthEnergy.org, www.growthenergy.org; U.S. Grains Council, Tom Sleight, Pres., (202) 789-0789, (202) 898-0522, www.grains.org; Renewable Fuels Association, Geoff Cooper, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News RFS, Growth Energy, U.S. Grains Council, Renewable Fuels Association,
Month-over-month, official government data tells a very different story. According to the US Energy Information Administration (EIA), the ethanol blend rate has remained within normal statistical variation, despite the flood of "hardship" waivers. EIA data shows:
These blend rates have been stable for the past few years, underscoring the truth that ethanol demand is premised partially on the RFS, partially on demand for clean octane and partially on other factors -- not SREs.
Similarly, when it comes to mid-level ethanol blends like E15, there is no data indicating that SREs are reducing demand. E15 and other mid-level ethanol blend sales have been growing all year and, in the case of E15, sales are higher at this point than they were last year, according to the Minnesota Bio-Fuels Association.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
(Source: American Fuel & Petrochemical Manufacturers (AFPM), EIA, Business & Industry Connection, 3 Oct., 2019) Contact: AFPM, Derrick Morgan, Snr, VP, (202) 586-8800, www.afpm.org; EIA, www.eia.gov
More Low-Carbon Energy News RFS, "Hardship" Waiver, Ethanol.Ethanol Blend, EIA,
The EPA appears to be acting on instructions from Trump who is no doubt preoccupied with his own whistleblower and impeachment worries.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied. (Source: Fox News, Various Other Media, 2 Oct., 2019)
More Low-Carbon Energy News Trump, RFS, "Hardship" Waiver, Biofuel Blend,
Under the plan, the EPA will calculate a three-year rolling average of total biofuels gallons exempted under its Small Refinery Exemption program and add that figure to its annual biofuel blending quotas each year -- about 1.35 billion gallons in 2020. That would come in addition to a tentative agreement to boost 2020 blending volumes by 1 billion gallons, including 500 million gallons for conventional biofuels like corn-based ethanol and 500 million gallons for advanced biofuels like biodiesel, according to the Reuters report.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied. (Source: Reuters, Various Media, 16 Sept., 2019)
More Low-Carbon Energy News RFS, "Hardship" Waiver, Ethanol Blend,
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
Download the letter HERE. (Source: Office of Rep. Abby Finkenauer, 21 Aug., 2019) Contact: Office of Rep. Abby Finkenauer, (202) 225-2911, finkenauer.house.gov
More Low-Carbon Energy News RFS, Renewable Fuel Standard, "Hardship" Waiver,
"This is a small step in the right direction, but I'm very skeptical that every company receiving waivers truly needs them." -- Sen. Chuck Grassley (R-Iowa)
"I'm committed to holding EPA accountable and ensuring they not only uphold the intent of the RFS but that they're more transparent and forthcoming in this exemption process." -- Sen. Joni Ernst (R-Iowa)
As previously noted, "hardship waivers" were intended for refineries producing 75,000 bpd or less and those that 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, Fort Dodge Messenger, 18 Aug., 2019)
More Low-Carbon Energy News RFS, "Hardship" Waivers", Ethanol,
Berry was speaking in Lincoln, Nebraska on the EPA's granting of an additional 31 small refinery biofuel waivers for 2018. This follows the 54 waivers the Trump Administration granted in 2016 and 2017, which caused 2.6 billion gallons of demand destruction. These new waivers add another loss of 1.4 billion gallons, for a total loss of 4 billion gallons.
Contact: Nebraska Ethanol Board, Roger Berry, (402) 471-2941, ethanol.nebraska.gov
More Low-Carbon Energy News Nebraska Ethanol Board news, Ethanol news, EPA news, "Hardship Waiver" news,
"Biodiesel producers are already shutting down facilities and laying off workers, due to loss of demand. The ongoing demand destruction will undercut the industry's investments and choke off markets for surplus agricultural oils, adding to the economic hardship that farmers are facing. The Trump administration's action represents a fundamental betrayal of previous promises to farmers and the agricultural economy." (Source: National Biodiesel Board, 10 Aug., 2019) Contact: NBB,
Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board, EPA, RFS,
Needless to say, the President has yet again misled his supporters and the biofuels industry -- along with just about everyone else both domestic and foreign. In response, ethanol and biofuels players and industry organizations wasted no time in venting their rightful outrage.
"The Trump Administration's approval of 31 refinery exemptions from the Renewable Fuel Standard is just devastating news for our industry. With this action, President Trump has destroyed over a billion gallons of biofuel demand and broken his promise to Iowa voters to protect the RFS. The vast majority of these exemptions are not justified under the law. Since this news began to leak this afternoon, RFS credit prices have freefallen to nearly zero, destroying much of the incentive to blend an incremental gallon of ethanol." -- Monte Shaw, Iowa Renewable Fuels Association (IRFA) Exec. Dir.,
"At a time when ethanol plants in the Heartland are being mothballed and jobs are being lost, it is unfathomable and utterly reprehensible that the Trump Administration would dole out more unwarranted waivers to prosperous petroleum refiners. Today's announcement comes as a total shock, as just two months ago Trump himself heard directly from Iowa farmers and ethanol plant workers about the disastrous economic impacts of these small refinery handouts. In response, he (Trump) told us he would 'look into it' and we believed that would lead to the White House and EPA finally putting an end to these devastating waivers. Instead, the Trump administration chose to double down on the exemptions, greatly exacerbating the economic pain being felt in rural America and further stressing an industry already on life support." -- Geoff Cooper, Pres., CEO, Renewable Fuels Association.
"EPA's refiner-win-at-all-costs oversight of the RFS is doing real damage to America's farmers and renewable fuel producers who are already suffering from trade wars and volatile markets. The RFS is supposed to ensure the use of ethanol and biodiesel increases from one year to the next, but 85 Small Refinery Exemptions later and over 3 billion waived gallons represents an enormous step backwards." -- Brian Jennings, CEO, American Coalition of Ethanol.
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. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.
(Source: Various Media, AgPro, 9 Aug., 2019) Contact: Iowa Renewable Fuels Association, Monte Shaw, Exec. Dir., info@IowaRFA.org, (515) 252-6249, www.iowarfa.org;
Renewable Fuels Association, www.ethanolrfa.org;
American Coalition of Ethanol, www.ethanol.org
More Low-Carbon Energy News Iowa Renewable Fuels Association, RFS, "Hardship Waiver", Ethanol Blend, Renewable Fuels Association, ,
In a response to an April 10 letter from Grassley, Energy Secretary Rick Perry indicated that EPA had, on at least one occasion, issued an exemption when his department recommended no exemption and ignored recommendations to grant only partial exemptions in other cases. Perry also noted that the agency has not changed how these analyses are applied or scored from the prior Obama Administration.
Perry also noted that he was aware of instances in which DOE recommended a partial or even no exemption for certain refineries, yet EPA subsequently granted a full exemption. This contradicts former oil industry lobbyist and EPA Administrator Scott Pruitt's claim before Congress that EPA simply followed DOE's recommendations.
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
Under Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was been denied. (Source: DOE, FeedStuff, 29 July, 2019)
More Low-Carbon Energy News RFS, "Hardship Waiver", Pruitt,
The Trump administration EPA has more than quadrupled the number of waivers it has granted to refinerswhile at the same time raising the ire of the corn industry who claim the move threatens ethanol demand.
The small refinery coalition's letter to the EPA said the "EPA is required to act on a petition within 90 days after receipt" and that it also failed to issue decisions on the outstanding 40 petitions for 2018 by March 31, 2019, which the letter said was the compliance deadline.
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: Reuters, Various Media, 18 July, 2019)
More Low-Carbon Energy News RFS, "Hardship" Waiver, Ethanol Blend,
In the face of the EPA's proposal, the National Farmers Union (NFU) has expressed its disappointment in the almost unlimited issuance of RFS refinery "hardship waivers", the newly released RVO's and the that the agency's failure not only to factor the lost demand into its proposed RVOs but to increase biofuel use at all.
"At every turn, EPA and this (Trump) administration have undermined the intent of RFS and destroyed demand for billions of gallons of ethanol", NFU President Roger Johnson added. (Source: The Cattle Site, National Farmers Union, PR, July, 2019) Contact: National Farmers Union, Roger Johnson, Pres., (202) 554-1600, www.nfu.org
More Low-Carbon Energy News RFS news, NFU news, National Farmers Union news, "Hardship Waiver" news,
In the face of the EPA's proposal, the National Farmers Union (NFU) has expressed its disappointment in the almost unlimited issuance of RFS refinery "hardship waivers", the newly released RVO's and the that the agency's failure not only to factor the lost demand into its proposed RVOs but to increase biofuel use at all.
"At every turn, EPA and this (Trump) administration have undermined the intent of RFS and destroyed demand for billions of gallons of ethanol", NFU President Roger Johnson added.
(Source: The Cattle Site, National Farmers Union, PR, 8 July, 2019) Contact: National Farmers Union, Roger Johnson, Pres., (202) 554-1600, www.nfu.org
More Low-Carbon Energy News "Hardship Waiver", RFS, National Farmers Union, Biofuel, Ethanol Blend,
"We strongly oppose giving the Secretary (Perdue) any role in the decision-making process over the petitions. We would view any decisions to further delay, reduce, or deny hardship relief to small refineries, or reallocate the obligations of small refineries to other refineries, as the result of the Secretary of Agriculture's impermissible interference. We are confident that others, including the federal courts, would do the same," the thirteen Senators wrote.
The small-refinery exemptions have reduced ethanol use by about 2.6 billion gallons, and 38 refiners are waiting for EPA to decide on new exemptions.
Senators writing the letter included Sen. John Barrasso (R-Wyo.) as well as senators representing Louisiana, Montana, Oklahoma, Pennsylvania, Texas, Utah and West Virginia.
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: Various Media, DTN, Progressive Farmer, July, 2019)
Contact: Office of Secretary of Agriculture Sonny Perdue,(202) 720-2791,
feedback@oc.usda.gov, www.usda.gov/contact-us
More Low-Carbon Energy News Hardship Waiver, Ethanol, Ethanol Blend, RFA, Sonny Perdue,
"We request that you cease issuing any further small refinery exemptions, immediately reallocate the remaining gallons, and make public the information regarding any recipients of these exemptions
"We are extremely concerned about the EPA's recent actions to continue to improperly grant small refinery hardship waivers under the RFS. EPA's continued manipulation and misuse of the small refiner waiver authority is undermining the integrity of the RFS and disadvantaging farmers. Rather than follow congressional intent in the RFS and follow through on the promises made to rural America, the EPA and the (Trump) Administration are providing waivers, in secret, to help some of the largest oil companies and refiners evade their compliance obligations under the Clean Air Act.
The letter's signatories included Senators Amy Klobuchar (D-MN) and Tammy Duckworth (D-IL), Senators Tammy Baldwin (D-WI), Michael Bennet (D-CO), Sherrod Brown (D-OH), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Jeff Merkley (D-OR), Tina Smith (D-MN), Debbie Stabenow (D-MI), and Ron Wyden (D-OR).
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: Farm Journal, Various Media, AgPro, 11 June, 2019)
More Low-Carbon Energy News Biofuel Blend, RFS, "Hardship Waivers" , Andrew Wheeler,
The Act, which is intended to bring transparency to the EPA's small refinery "hardship" exemption (SRE) programme under the Renewable Fuel Standard (RFS), will also set a deadline for refineries to submit petitions for RFS exemptions of 1 June to ensure that any waivers granted are "prospectively reallocated to non-exempt obligated parties, as well as require that key information surrounding the SREs is publicly available" according to a statement from the American Coalition for Ethanol (ACE).
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: ACE, Various Media, 29 May, 2019)
More Low-Carbon Energy News Renewable Fuel Standard, "Hardship Waiver", ,
According to Klobuchar, EPA waivers that allow small refineries to avoid the requirements are "misguided" and manipulated by financial institutions and the biofuels credit trading market. The senator proposed new compliance standards and additional oversight. Klobuchar also supports year-round sales of E15.
To date in the presidential primary race, Klobuchar is near the bottom of the pack and playing on the small refinery waiver program could play well in the Corn-husker State.
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: IJR, Various Media, Reuters, 25 May, 2019) Contact: Sen. Amy Klobuchar, www.klobuchar.senate.gov/public/index.cfm/mobile/email-amy
More Low-Carbon Energy News RFS, Biofuel Blend,
Although the DOE has provided their scoring of the exemption requests to EPA relative to the 40 requests that have been received for the 2018 compliance year, the agency has not yet to acted on any of those requests. "No decisions regarding 2018 SREs [small refiner exemptions] have been made," Michael Abboud, a spokesman for the EPA said. "Many aspects of the decisions for exempting individual refineries are based on confidential business information."
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: EPA, Various Media, Progressive Farmer, 3 May, 2019)
More Low-Carbon Energy News EPA, RFS, "Hardship Waiver", Biofuel Bleand,
"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 ,
The EPA currently does not name companies that apply for or receive the waivers, arguing the information is confidential. The corn industry wants that changed because it believes profitable companies are securing waivers, which is hurting farmers. Small refineries owned by profitable oil majors like ExxonMobil and Chevron are among those that have gotten waivers since 2017, according to the Reuters report.
"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: Yahoo Finance, Reuters, 30 April, 2019)
More Low-Carbon Energy News RFS, "Hardship Waiver", Ethanol Blend,
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,
Hallador and Pruitt are urging the Indiana republican controlled legislature to include language in the budget bill that would prohibit the Indiana Utility Regulatory Commission from considering Obama-era regulations aimed at reducing carbon emissions in the commission's decisions about rates and other issues that could impact the future of coal-generated electricity in the state.
Hallador claims Obama clean air regulations are the reason coal costs more than wind, solar and natural gas. They also claim that once President Trump and current EPA head and former coal lobbyist Andrew Wheeler are finished gutting the Obama clean air regulations, the price of coal will drop. According to U.S. Energy Information Agency (EIA) US coal consumption has plummeted to its lowest levels in nearly 40 years and more coal-fired power plants closed in the first two years of the Trump administration than during President Obama's entire first term.
As readers may recall, Pruitt resigned from the EPA in July 2018 after an 18-month tenure best remembered for the seemingly mass handout of Renewable Fuel Standard "hardship" waivers to refineries, spending and ethical scandals. 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: Hallador Energy Company, The Environmental Working Group, 23 April, 20190 Contact: Hallador Energy Company, (303) 839-5504, www.halladorenergy.com
More Low-Carbon Energy News Scott Pruitt, Coal,
According to Wheeler, "RIN prices have been relatively low and relatively calm since last spring. So that tells me that there should be less economic harm in the refining industry now than there was a year ago."
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: Neb. Rural Radio, Reuters, Others, 14 April, 2019)
Contact: EPA,Administrator Andrew Wheeler, www.epa.gov/aboutepa/epas-acting-administrator
More Low-Carbon Energy News Andrew Wheeler, RFS, RF, Hardship Waivers,
According to the American Coalition for Ethanol the EPA's position is "disappointing and has caused a lot of ethanol demand destruction."
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: American Coalition for Ethanol, EPA, WNAX Radio, 25 Mar., 2019) Contact: American Coalition for Ethanol, Brian Jennings, CEO, Ron Lamberty, VP, (605) 334-3381, https://ethanol.org.
More Low-Carbon Energy News American Coalition for Ethanol, RFS, Hardship Waivers, Biofuel Blend,
"It's extremely disappointing and outrageous to see EPA once again allow oil refiners to undermine the RFS and hurt family farms, ethanol producers and our environment by exploiting and abusing a statutory provision that exempts them from their obligations to blend renewable fuels. The RFS was created to preserve the environment, protect America's energy security and give Americans more affordable options at the pump. These exemptions undercut those goals, and today's exemptions mean more than 2.6 billion gallons of RFS blending obligations have been erased with the stroke of EPA's pen. RFA will continue to fight these exemptions through the courts and urge EPA to adopt a more judicious and restrained decision-making process on refiner exemptions, as well as restore lost volume obligations from previous years."
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: Renewable Fuels Association, 21 Mar., 2019) Contact: Renewable Fuels Association, Geoff Cooper, Pres., (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News Renewable Fuels Association, EPA, RFS Hardship Waiver, Biofuel Blend,
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,
According to Growth Energy CEO Emily Skor, the "EPA's inaction on addressing lost gallons due to small refinery exemptions in this rulemaking is a clear violation of law. In doing nothing to remedy these and other deficiencies, EPA has again failed to meet its statutory obligation to ensure that annual RVOs are met each year. Today's filing calls for greater accountability from EPA to ensure that every renewable fuel obligation is fulfilled as the law intended."
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. (Source: Growth Energy, Various Media, Biofuels Int'l, 13 Feb., 2019)
Contact: Growth Energy, Emily Skor, CEO, (202) 545-4000, www.growthenergy.org
More Low-Carbon Energy News Growth Energy, RFS Hardship Waiver, RFS, EPA,