EPA reverses course on granting biofuels waivers


A move by the EPA to extend the 2019 and 2020 compliance deadlines for biofuel waivers likely means they won’t be granted anytime soon because of a Supreme Court case involving at least one Oklahoma refinery. The agency has changed its mind.

The EPA recently proposed extending the compliance deadlines under the Renewable Fuels Standard. It wants to extend the deadline for 2019 biofuel blending obligations to Nov. 30, 2021 and the 2020 deadlines to Jan. 31, 2022.

Small refinery operators such as the Wynnewood Refining Co. had sought waivers for the biofuels mandates and were optimistic that the EPA might eventually approve some. Now it appears it won’t.

POLITICO reported that because the legal challenge by Wynnewood Refining Co. and Hollyfrontier will be heard by the U.S. Supreme Court, the EPA planned  to “take no position” on granting any more small refinery exemptions for the 2019 compliance year.

Wynnewood and Hollyfrontier joined forces to challenge a 10th U.S. Circuit Court of Appeals ruling one year ago that the small refineries could not receive waivers.


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