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EPA Changes Policy, Now Sides With Biofuels Industry on SREs

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U S EPA says it agrees with court s decision casting doubt on biofuel exemptions

2/22/2021 By Stephanie Kelly NEW YORK, Feb 22 (Reuters) - The U.S. Environmental Protection Agency said on Monday it agrees with an appeals court s decision last year that cast doubt on a program that granted oil refiners exemptions to U.S. biofuel blending laws. The announcement signals that the agency could dramatically limit the number of exemptions given to refiners under the program going forward. The move would upset some in the oil industry who say exemptions are needed to keep small refiners afloat under pricey blending requirements but would be a huge win for the corn lobby. The EPA, though, will not act on any pending small-refinery exemption petitions until after a Supreme Court review of the case, which is expected by July 2021, according to a source familiar with the matter.

Death, taxes and corn-based ethanol

EPA signals new position on ethanol waivers

Justin Sullivan/Getty Images Supports lower court ruling that EPA may extend existing small refinery exemptions but may not create new ones. Despite the Trump administration’s previous view of the 10th Circuit’s interpretation of small refinery exemption (SRE) eligibility under the Renewable Fuel Standard, the current U.S. Environmental Protection Agency did not file a brief supporting that position by the Supreme Court’s deadline in HollyFrontier. After careful consideration, EPA says it agrees with the U.S. Court of Appeals for the 10th Circuit’s reading of the RFS small refinery exemption provision. In a statement posted on its Website Feb. 22, EPA says it supports the Tenth Circuit Court ruling issued in January 2020 where the court vacated and remanded three EPA decisions granting SRE petitions for the 2016 and 2017 RFS compliance years which were issued in calendar years 2017 and 2018, holding that a small refinery’s petition can be grant

EPA changes stand, sides with ethanol industry in court case

EPA changes stand, sides with ethanol industry in court case
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