On Thursday, the EPA refused to disclose to senators the names of oil companies that received “hardship” waivers that exempt small-volume refineries from having to comply with the Renewable Fuel Standard. However, it revealed that 53 waivers were requested for 2016 and 2017, and that one was denied, four are under review, and 48 were approved.
“The agency seems to be using a rubber stamp to help Big Oil skirt the law,” said Iowa Sen. Chuck Grassley, one of 13 senators who in mid-April requested that the EPA identify the recipients and justify the waivers. Farm-state senators say the waivers undermine the RFS and sales of corn ethanol. The number of waivers granted has zoomed under the Trump administration. The oil industry says a recent court decision buttressed the EPA’s authority to issue the waivers, which small refineries, if they’re unable to blend enough ethanol, apply for when they find themselves facing the high cost of buying credits known as RINs in order to comply with the RFS.
In a letter, the EPA said the names of waiver applicants and the decisions on the applications are confidential business information and could not be disclosed, pending a final determination by EPA lawyers. It did, however, provide a summary of its actions. In 2016, one waiver was denied and 19 were approved, affecting 790 million RINs. In 2017, 29 waivers exempting 1.46 billion RINs were approved and four applications were being processed out of 33 requests. No waivers have been requested for 2018.