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June 21, 2019

U.S. Senators Introduce Bipartisan Act Aiming To Increase Small Refinery Exemptions Transparency

Lynn L Bergeson

By Lynn L. Bergeson

On June 14, 2019, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the Renewable Fuel Standard (RFS) Integrity Act of 2019. This Act aims at increasing transparency and predictability to the U.S. Environmental Protection Agency’s (EPA) small refinery exemption process under the RFS program. Requiring small refineries to petition for exemptions by June 1 of each year, according to the two leaders, this legislation would hold EPA accountable for exempted gallons in the annual Renewable Volume Obligation (RVO) it sets every November. It is known that, since 2018, many complaints have been made regarding President Trump’s EPA liberally providing exemptions to refineries with no back-up information or congressional oversight. This Act attempts to address this issue by making key information associated with exemptions made publicly available. Additionally, if passed, the Act would require EPA to report to Congress on the methodology it uses when granting these small refinery exemptions.