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On January 21, 2022, the U.S. Environmental Protection Agency (EPA) announced a new effort under the Toxic Substances Control Act (TSCA) to streamline the review of new chemicals that could be used to displace current, higher greenhouse gas (GHG) emitting transportation fuels. The Office of Chemical Safety and Pollution Prevention’s (OCSPP) New Chemicals Division (NCD) has implemented a “robust, consistent, and efficient process to assess the risk and apply mitigation measures, as...

By Lynn L. Bergeson and Carla N. Hutton   On January 21, 2022, the U.S. Environmental Protection Agency (EPA) announced a new effort under the Toxic Substances Control Act (TSCA) to streamline the review of new chemicals that could be used to displace current, higher greenhouse gas (GHG) emitting transportation fuels. The Office of Chemical Safety and Pollution Prevention’s (OCSPP) New Chemicals Division (NCD) has implemented a “robust, consistent, and efficient process to...

By Lynn L. Bergeson  On December 28, 2021, EPA announced that it will hold a public virtual meeting to discuss biofuel greenhouse gas (GHG) modeling. EPA is soliciting information on the current scientific understanding of GHG modeling of land-based biofuels used in the transportation sector. According to EPA, the information gathered during this meeting will be used to inform current and future EPA actions, including the method for quantifying GHG emissions under RFS. Of particular...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On December 10, 2021, the U.S. Environmental Protection Agency (EPA) announced that it will hold a virtual public hearing on its proposal for the “Renewable Fuel Standard (RFS) Program: RFS Annual Rules” signed on December 7, 2021. The virtual public hearing is scheduled for January 4, 2022, from 9:00 a.m. to 5:00 p.m. (EST). If necessary, EPA will hold an additional virtual session on January 5, 2022, to...

By Lynn L. Bergeson On December 14, 2021, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to deny all undecided/pending small refinery exemption petitions under the Renewable Fuel Standard (RFS) program. EPA is accepting comments on its proposal until February 7, 2022....

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On November 26, 2021, EPA issued a proposed rule to modify certain compliance dates under the Renewable Fuel Standard (RFS) program. For small refineries only, EPA is proposing to extend the RFS compliance reporting deadline and the associated attest engagement reporting deadline for compliance year 2019. EPA is also proposing to extend the RFS compliance reporting deadline and the associated attest reporting deadline...

By Lynn L. Bergeson On July 2, 2021, U.S. Representatives Angie Craig (D-MN) and Randy Feenstra (R-IA) introduced a bill called the Small Refinery Exemption Clarification Act of 2021. The bill clarifies that only oil refineries that have been continuously receiving small refinery exemptions (SRE) since 2011 should be eligible to petition for extensions of renewable fuel blending requirement exemptions. The SRE Clarification Act follows the Supreme Court’s decision in late June 2021...

By  Lynn L. Bergeson    On May 25, 2021, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the bipartisan Renewable Fuel Standard (RFS) Integrity Act of 2021. Aiming to provide more certainty to rural America, this legislation would require that small refineries petition for RFS hardship exemptions by June 1 of each year. According to Senator Fischer, the RFS Integrity Act of 2021 would ensure that the U.S. Environmental Protection Agency (EPA) properly...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On May 25, 2021, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) and House Representatives Randy Feenstra (R-IA), Ashley Hinson (R-IA), and Mariannette Miller-Meeks (R-IA) joined forces in a letter to urge President Biden to uphold his promise to support biofuels in the next four years. Criticizing President Biden’s efforts under the American Jobs Plan for failing to include investments in biofuels, the...

By Lynn L. Bergeson   On May 5, 2021, the U.S. Environmental Protection Agency (EPA) published a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have submitted small refinery exemption (SRE) petitions and to all parties whose RFS information otherwise resides in EPA’s Moderated Transaction System (EMTS).  EPA’s action is in response to a U.S. Government of Accountability Office (GAO) request to disclose such...