Renewable Fuel Standard (RFS):

The Environmental Protection Agency failed to meet important Renewable Fuel Standard deadlines in 2020. The agency missed the November 30 deadline to set the final 2021 RFS obligations and 2022 biomass-based diesel volumes; in fact, it never proposed a rule. EPA will now have to address 2021, 2022 and 2023 volumes in one year.

Additionally, the agency allowed multiple small refineries to disregard the 2019 compliance deadline, leaving a portion of the 2019 obligations for renewable fuel use unmet. The agency proposed to extend 2019 and 2020 compliance deadlines to provide flexibility to these small refineries. In addition, EPA continues to issue small refinery exemptions that threaten to undermine demand for biodiesel and renewable diesel. The agency recently granted a previously denied 2018 exemption and two 2019 exemptions, destroying demand for millions of gallons of biodiesel and renewable diesel.

Please contact your Representative and Senators and update them on the situation through this form. As the 117th Congress begins, this is an opportunity to let lawmakers know how they can help 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.
  

Focus on RFS News