All small refineries (with production capacity less than 75,000 barrels per day) were exempt from the original Renewable Fuel Standard (RFS) enacted in 2005. When Congress expanded the program in 2007, it also directed the Department of Energy (DOE) to study whether the exemption should be extended. Following DOE’s recommendation, the Environmental Protection Agency (EPA) extended
the exemption through 2012 for 18 small refineries.
Congress also granted individual small refineries the right to petition EPA for additional temporary extensions of their individual exemptions. The petitioning small refineries must demonstrate disproportionate economic hardship directly resulting from
compliance with the program.
Between 2013 and 2015, EPA granted extensions to 7 or 8 small refineries each year. Then, in early
2017 the agency rapidly increased the number of exemptions. It granted the exemptions retroactively for prior compliance years and for refineries that previously did not qualify. EPA returned retired Renewable Identification Numbers (RINs) to the
retroactively exempted refineries, who can use them or sell them to other refineries for future compliance.
NBB has argued in Court that EPA has a duty to ensure the RFS volumes are made whole following the exemptions.
To get more information on NBB’s advocacy efforts on the issue, please visit the National Biodiesel Board's website.