Renewable Fuel Standard (RFS):

The Environmental Protection Agency's delays in setting the 2021 Renewable Fuel Standard obligations create uncertainty for the biodiesel and renewable diesel industry. While the agency provided compliance flexibility to oil refineries, it created addtional uncertainty for biofuel producers by indicating to reporters that it would retroactively slash RFS volumes for both 2020 and 2021.

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.

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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




NBB Disappointed in DC Circuit Decision on SREs in 2019 RFS Rule

Jul 16, 2021, 12:07 PM
NBB looks to EPA to continue its 2020 approach of accounting for retroactive exemptions

WASHINGTON, DC -  Today, the National Biodiesel Board expressed disappointment in the U.S. Court of Appeals for the D.C. Circuit’s decision on the 2019 Renewable Fuel Standard rule. NBB joined other biofuel industry associations (the case is known as Growth Energy v EPA) to challenge EPA’s failure to account for a flood of retroactive small refinery exemptions that undercut the annual volumes by 7% in 2019.

Kurt Kovarik, NBB’s Vice President for Federal Affairs, stated, “Small refinery exemptions harm biodiesel and renewable diesel producers when they retroactively reduce demand for advanced biofuels. Today’s decision creates renewed uncertainty for our industry because it does not require EPA to account for retroactive exemptions – something the 10th Circuit Court identified as ‘a gaping and ever-widening hole’ in the RFS.

“On behalf of NBB’s members, I call on EPA to quickly issue the 2021 and 2022 RFS rules, provide a strong signal of growth for advanced biofuels like biodiesel and renewable diesel, and fully account for any small refinery exemptions it plans to grant—as it has already done in the 2020 RFS rule.”

The U.S. biodiesel and renewable diesel industry supports 65,000 U.S. jobs and more than $17 billion in economic activity each year. Every 100 million gallons of production supports 3,200 jobs and $780 million in economic opportunity. Biodiesel production supports approximately 13% of the value of each U.S. bushel of soybeans.

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