Renewable Fuel Standard (RFS):

The Environmental Protection Agency did not meet the November 30, 2020, deadline to set the 2021 Renewable Fuel Standard obligations and 2022 biomass-based diesel volumes. Additionally, the agency extended 2019 and 2020 compliance deadlines to provide flexibility to refineries as it tries to get back on track with the rule. The delays create uncertainty for the biodiesel and renewable diesel industry.

In addition, the U.S. Supreme Court in June 2021 issued a decision that could allow EPA to grant new small refinery exemptions from year to year. The Court decision overturns the EPA's recently announced position on the exemptions, creating new uncertainty.

Please contact your Representative and Senators and update them on the situation through this form. As the 117th Congress considers legislative options to address environmental and economic issues, this is an opportunity to let lawmakers know that support for the RFS helps biodiesel and renewable diesel producers.

As our members and industry supporters communicate with Washington policy makers, the media, and the public, NBB provides the resources to the right and works with them to amplify these points:

• EPA knows that RFS deadlines are important to all program stakeholders. Biodiesel and renewable diesel producers particularly rely on market signals from annual rules.
• The missed deadlines create additional uncertainty for biodiesel and renewable diesel producers, who have set goals for continued growth through 2030.
• EPA destroyed demand for hundreds of millions of gallons of biodiesel over the past several years by abusing small refinery exemptions. EPA has many options to repair the damage to the biodiesel industry and is required to do so.
• Each small refinery exemption can eliminate demand for an entire biodiesel facility’s annual production. A “small” oil refinery can produce up to 3 million gallons of fuel per day. Its annual RFS obligation would include 20 million gallons of biodiesel, the amount some small plants produce in a year.
• A U.S. Court of Appeals decision from January 2020 limited EPA’s authority to grant small refinery exemptions. EPA should immediately apply the court’s ruling to all pending and future exemptions.
• EPA also ignored a 2017 U.S. Court of Appeals order to reconsider a waiver of 500 million gallons of renewable fuel. It is long past time for the agency to address the shortfall.
  

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