The Renewable Fuels Association filed a petition for review and an emergency motion to stay the effectiveness of three small refinery exemptions granted Tuesday.
The Environmental Protection Agency announced the waivers with less than 24 hours remaining in the Trump administration. RFA’s emergency motion says, “EPA’s decision will inflict substantial, immediate, and irreversible harm.”
Data released by EPA Tuesday evening show that the two 2019 compliance exemptions reduced that year’s RFS standards by 150 million gallons, while one 2018 exemption erased 110 million gallons of renewable fuel requirements. The total eliminated volume of 260 million gallons is equivalent to shutting down three or four ethanol plants for a full year, according to the Renewable Fuels Association.
RFA President and CEO Geoff Cooper says the waivers "are completely without legal merit," adding the organization's request seeks to immediately prevent the agency from doing further economic damage to the ethanol industry.