RFS Small Refinery Exemptions

Section 211(o)(9)(A)(i) of the Clean Air Act (CAA) and 40 CFR 80.1441(a)(1) exempted small refineries from the Renewable Fuel Standard (RFS) program through compliance year 2010. CAA section 211(o)(9)(A)(ii) authorized EPA to extend the exemption for two years. Beginning with the 2013 compliance year, small refineries may petition EPA annually for an exemption from their RFS obligations. EPA may grant the extension if it determines that the small refinery has demonstrated disproportionate economic hardship per CAA section 211(o)(9)(B) and 40 CFR 80.1441(e)(2). EPA's decision to grant an exemption has the effect of exempting the gasoline and diesel produced at the refinery from the percentage standards of 40 CFR 80.1405. The exempted refinery is not subject to the requirements of an obligated party for fuel produced during the compliance year for which the exemption has been granted.

EPA intends to coordinate the timing of future small refinery exemption decisions and updates to this RFS data website such that refineries receiving exemptions and other interested parties receive the same RIN market information at the same time.

Public documentation regarding small refinery exemption decisions may be found through the RFS announcements page.

Under 40 CFR 80.1444, small refineries were permitted to opt in to an alternative RIN retirement schedule for the 2020 compliance year, providing them with additional time and a broader range of RINs to comply with their 2020 RFS obligations. EPA provides aggregated data on the use of the alternative RIN retirement schedule for small refineries in Table 3 below.