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RFA Applauds EPA Decision to Deny Small Refinery Exemption Petitions

July 14, 2023



The Renewable Fuels Association today thanked the U.S. Environmental Protection Agency for its action to deny 26 petitions from oil refiners seeking exemptions from the Renewable Fuel Standard. This includes 11 each for 2021 and 2022, and one each for 2023 and the years 2016-2018. Only two requests remain pending, for 2018.


“We thank President Biden and EPA Administrator Michael Regan for continuing to make good on their promises to restore integrity and certainty to the RFS program,” said RFA President and CEO Geoff Cooper. “Under their leadership, the RFS is finally working as intended to drive increased production and use of low-carbon renewable fuels. Today’s action is consistent with the Tenth Circuit Court’s landmark decision and honors the administration’s longstanding commitment to implementing the RFS in a way that is fair, transparent, and focused on growth. As a result of today’s announcement, drivers will enjoy greater access to cleaner, American-made, lower-cost renewable fuels.” 


Cooper noted that EPA’s decision to deny the petitions today is compliant with a watershed January 2020 decision by the Tenth Circuit Court of Appeals in the Renewable Fuels Association et al. v. EPA case. Based on the Tenth Circuit decision, EPA in June 2022 finalized the denial of 69 pending small refinery exemption petitions, ensuring that all refiners are held accountable and equally obligated to blend lower-carbon, lower-cost biofuels. In November, RFA and allies filed a motion to intervene in the D.C. Circuit Court of Appeals in support of EPA’s decision to deny these petitions.


Click here for EPA’s informational “dashboard” on small refinery exemptions.