FOR IMMEDIATE RELEASE
Contact: Paul Winters
WASHINGTON, DC - Today, the National Biodiesel
Board (NBB) expressed frustration with a Court decision declining to review the
Environmental Protection Agency's refusal to properly account for its flood of
retroactive small refinery exemptions. The U.S. Court of Appeals for the DC
Circuit dismissed on technical grounds NBB's petition on the 2018 Renewable
Fuel Standard rule.
challenged EPA's decision to continue ignoring small refinery exemptions
granted after the annual rule is established, even though the agency quietly
ramped up granting these exemptions as it took comment on the rule. The Court
dismissed NBB's petition on the grounds that the biofuel industry did not
comment on the topic and provide EPA sufficient opportunity to address those
comments. The Court declined to examine EPA's flood of small refinery
exemptions, but left room for future challenges on the issue.
Kovarik, NBB Vice President of Federal Affairs, said, "The Court's
decision is frustrating. EPA requested comment on its practice of ignoring
retroactive small refinery exemptions but did not give notice of its intent to
unleash a flood of the exemptions. The Court, however, faults the industry for
not commenting specifically on that.
flood of retroactive small refinery exemptions are causing severe economic harm
to biodiesel and renewable diesel producers, forcing some to close their doors
and lay off workers. It's disappointing that the Court did not take this
opportunity to address that harm."
from an increasingly diverse mix of resources such as recycled cooking oil,
soybean oil and animal fats, biodiesel is a renewable, clean-burning diesel
replacement that can be used in existing diesel engines without modification.
It is the nation's first domestically produced, commercially available advanced
biofuel. NBB is the U.S. trade association representing the entire biodiesel
value chain, including producers, feedstock suppliers, and fuel distributors,
as well as the U.S. renewable diesel industry.
For more about biodiesel, visit www.biodiesel.org.