Proposal to Deny Petitions for Small Refinery Exemptions

Summary

On December 7, 2021, EPA proposed to deny more than 60 pending small refinery exemption (SRE) petitions from small refineries seeking exemption from the Renewable Fuel Standard (RFS) program for one or more compliance years between 2016 and 2021. The proposed decision results from EPA’s review of the pending SRE petitions and supporting information, its legal, technical, and policy analysis of the CAA provisions relating to small refineries, and its application of the holdings of the U.S Court of Appeals for the Tenth Circuit in Renewable Fuels Association et al. v. EPA (RFA).

This proposed decision is not a final Agency action. The Agency is issuing a public proposal, and is requesting comment, to inform its final action, recognizing the importance of these decisions and the need for a fully open and transparent process. We are encouraging critical review and input from all stakeholders on the legal and technical analyses the Agency has articulated in the proposed action.

EPA will make a final determination after reviewing public input.

Additional Resources

• Notice of Opportunity to Comment on Proposed Denial of Petitions for Small Refinery Exemptions (pdf) (published December 14, 2021)
• Proposed RFS Small Refinery Exemption Decision (pdf) (EPA-420-D-21-001, December 2021)
• Fact Sheet: EPA Proposes to Deny All Pending RFS Small Refinery Exemption Petitions (pdf) (EPA-420-F-21-065, December 2021)