The National Biodiesel Board (NB) this week delivered a letter to EPA Administrator Andrew Wheeler asking that he disclose any small refinery exemption petitions for RFS compliance years preceding 2019 that the agency received this year. NBB also requested that EPA apply the U.S. Court of Appeals for the 10th Circuit's ruling in Renewable Fuels Association v. EPA to all petitions submitted to the agency since Jan. 24 of this year.

In a press release regarding the letter, NBB stated, "The U.S. biodiesel and renewable diesel industry values and relies on your commitment to transparency regarding small refinery exemptions," referring to Administrator Wheeler's creation of the EPA Small Refinery Exemption dashboard. Noting that both Wheeler and U.S. Department of Energy (DOE) Under Secretary Mark Menezes responded to questions about "gap" petitions in May 20 testimony before two Senate committees, NBB writes, "It is concerning that no record of any of these petitions exists on the Agency's dashboard." Read NBB’s full letter here.

Soy growers and biodiesel leaders have repeatedly voiced concerns over the abuse of small refinery waivers, urging President Trump to uphold his promise to support farmers and the RFS. Excessive use of small refinery waivers undercuts the purpose of the Renewable Fuel Standard (RFS), stifling biodiesel growth and delivering another economic blow to soy growers during an already difficult time in agriculture.

ASA supports a healthy RFS that reflects the expansion of the renewable fuels industry for biodiesel and ethanol.