National Biodiesel Board submits FOIA request to understand small refiner exemptions

In Washington, the National Biodiesel Board submitted a Freedom of Information Act Request aimed at shedding light on small refiner exemptions requested and issued under the Renewable Fuel Standard.

“The EPA’s decision to grant upwards of 25 exemptions, with at least one significant waiver in the dark of night to a large and profitable refiner, raises urgent questions as to what else might be going on behind closed doors,” said Kurt Kovarik, NBB’s vice president of federal affairs. “Transparency and certainty are key to maintaining a competitive market for biodiesel, and it is critical we understand the impact any waivers could have on the industry and fuel choice for consumers.”

NBB requested:

•    Any records submitted to EPA in conjunction with a petition for a small refinery exemption pursuant to 42 U.S.C. § 7545(o)(9)(B) for compliance with the 2015, 2016, 2017, and 2018 obligations under the Renewable Fuel Standard.

•    Any records summarizing information regarding petitions for a small refinery exemption under 42 U.S.C. § 7545(o)(9)(B) for 2015, 2016, 2017, and 2018, including but not limited to:

• • The number of petitions for a small refinery exemption that EPA has received for each year.
• • The number of petitions for a small refinery exemption that EPA has granted for each year.
• • The total volume of renewable fuel that would be exempted under petitions for a small refinery exemption that EPA has received for each year.
• • The total volume of renewable fuel that will be exempted under petitions for a small refinery exemption that EPA has granted for each year.
• • The name of each refinery that submitted a petition for a small refinery exemption in each year.
• • The name of each refinery for which a small refinery petition was granted in each year.