RFS Small-Refinery Case Dismissed

DTN writer Todd Neeley reported this week that, “A federal court on Tuesday dismissed one of several lawsuits challenging the EPA’s granting of small-refinery exemptions.

“The U.S. Court of Appeals for the District of Columbia Circuit said in an order the Advanced Biofuels Association did not identify a final agency action in its lawsuit filed in May 2018.

“The biofuels interest group argued EPA was overstepping its authority in granting an increasing number of Renewable Fuel Standard [RFS] waivers to small refiners.”

Mr. Neeley added that, “On Tuesday, Sen. Charles Grassley, R-Iowa, said during a news conference with agricultural journalists that rural Americans need to comment on EPA’s latest proposal on small-refinery exemptions. Grassley and other lawmakers filed official comments on the proposal.

Agriculture’s expectation was the agency would account for exemptions to the RFS by averaging the actual volumes waived from 2016 to 2018.

Instead, EPA proposed using U.S. Department of Energy recommendations on waived volumes from 2015 to 2017 that fall far short of gallons actually waived.”

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