With an appeal pending in federal court, the EPA says it will not act on an appellate court ruling that reduces its authority to exempt small-volume refineries from the ethanol mandate. The agency also said on Friday that it “does not intend to unilaterally revisit or rescind any previously granted small refinery exemptions.”
Pro-ethanol groups criticized EPA variously for punting on implementation of the appellate court ruling or trying to kick the can down the road rather than act. “What are they waiting for?” asked the Renewable Fuels Association. Said the American Coalition for Ethanol, “We continue to believe the appeal by HollyFrontier and CVR has no merit.”
The refiners have asked the Tenth Circuit U.S. Court of Appeals for a review by all of its judges of the unanimous Jan. 24 decision by a three-judge panel that EPA can grant new RFS waivers only to refiners who previously received them. If applied nationally, the ruling would restrict greatly the waiver program.
“EPA intends to develop an appropriate implementation and enforcement response to the Tenth Circuit’s decision in RFA v. EPA once appeals have been resolved and the court’s mandate has been issued,” said the agency in a statement about steps to protect the U.S. gasoline supply during the coronavirus pandemic. As part of protecting employees from the virus, the EPA said it would give “low priority” to investigating its waivers and would not revoke any of them. “Finally, in a forthcoming action, EPA intends to extend the RFS compliance date for small refineries to provide them with additional flexibility. “