Tag Archives: rfs

  • Did you see any surprises out of the crop report last Friday?
  • How did you feel about the corn and soybean yields that NASS report?
  • What do you think the yields will go show in the October report?
  • How does the demand for corn look at this time?
  • What does the soybean demand look like?
  • RFS denial announcement today
  • President Trump makes comments E15 using E10 infrastructure
  • South American weather with planting underway

 

The National Corn Growers Association (NCGA) today welcomed the Environmental Protection Agency’s (EPA) denial of 54 of 68 pending past-year (2011-2018) small refinery exemptions (SREs), or waivers, to oil refiners. However, 14 gap-year waivers remain under required review at the Department of Energy (DOE). The EPA also has 31 waivers under consideration for 2019 and 2020 Renewable Fuel Standard (RFS) compliance years.

“Asking for waivers for nearly ten years ago was a new low by the oil industry to undermine the RFS and rewrite history. Denying these petitions was the obvious answer and farmers are pleased to begin to move past this distraction. We thank our bipartisan supporters in Congress, including Senator Ernst, for their advocacy in upholding the RFS.

“While denial of these past-year waivers is obviously positive news for farmers and biofuel producers, we’re never going to have the certainty we need until the underlying waiver issue is fully resolved.

“Nearly a year ago, the President directed the EPA to follow the letter of the law and keep the RFS whole and, in January, the Tenth Circuit ruled the EPA exceeded its authority in granting waivers. The Administration has yet to apply this decision to current waiver requests while corn farmers suffer suppressed markets and ethanol plants continue to have idled capacity.

“The solution is simple; the EPA needs to uphold the law, adhere to the Tenth Circuit decision, and follow through on the President’s commitment to farmers. Corn growers stand ready to work with the Administration to uphold the RFS and continue to remove barriers to higher ethanol blends.”

Sioux Falls, SD – The Renewable Fuels Association (RFA), National Corn Growers Association (NCGA), National Farmers Union (NFU) and American Coalition for Ethanol (ACE) today welcomed news reports that President Trump has directed the Environmental Protection Agency to reject dozens of so-called “gap year” small refinery exemption petitions intended to circumvent the Tenth Circuit Court’s decision in RFA et al. v. EPA.

Meanwhile, the groups denounced CVR Refining and HollyFrontier Corporation’s last-minute request, filed late on September 4, for the U.S. Supreme Court to review the Tenth Circuit Court’s ruling. The decision in question overturned three improperly granted small refinery exemptions under the Renewable Fuel Standard (RFS).

RFA, NCGA, NFU and ACE were the four petitioners in the successful Tenth Circuit Court case, in which a panel of judges unanimously found EPA abused its authority by granting small refinery exemptions to CVR Refining and HollyFrontier that were not extensions of previously existing exemptions. In the wake of the decision, small refineries flooded EPA with 67 petitions for retroactive waivers — some dating back as far as 2011 — in an attempt to establish a chain of continuously “extended” exemptions.

The four organizations offered the following statement in response to these developments:

“We are encouraged by reports that President Trump has called upon EPA to reject these absurd gap-year waiver petitions out of hand. If the reports are accurate, it is our hope that EPA swiftly acts upon the President’s directive and closes the door once and for all on the refiners’ brazen attempt to rewrite history.

“At the same time, we are disappointed, but not surprised, by the refiners’ eleventh-hour petition to the Supreme Court to review the Tenth Circuit decision. In April, these same refiners asked the Tenth Circuit to re-hear the case, and the court swiftly and unanimously denied that request, and the Supreme Court should do the same. The decision does not warrant any further review or consideration. It is well-reasoned and based on a plain reading of the Clean Air Act, which clearly intended small refinery exemptions to be temporary and used only as a ‘bridge to compliance’ for certain eligible small refineries. Additionally, there are no conflicting decisions in other federal courts of appeal.

“It is also telling that EPA — the defendant in the original litigation — did not request a re-hearing in the Tenth Circuit, nor did it join the refiners’ Supreme Court appeal on any aspect of the decision. Now, more than ever, our nation’s farmers and ethanol producers are counting on the RFS to provide market stability and certainty during an incredibly difficult and tumultuous time.”

Biofuels advocates Tuesday urged President Donald Trump to “stand up against an urgent threat facing rural communities” and reject oil industry exemptions from the Renewable Fuel Standard.

In a letter, 93 farm organizations and biofuel industry stakeholders told the President, “We’ve seen too many plants shut down, too many jobs lost, and too many farmers deprived of vital markets.” The letter was offered in response to the Environmental Protection Agency’s ongoing consideration of nearly 100 refinery exemptions, including 67 retroactive ‘gap-year’ petitions.

Growth Energy CEO Emily Skor says the so-called gap-year exemptions, “represent a clear attempt to sidestep the law at the expense of rural communities.” The farm organizations call the waivers a brazen attempt to circumvent limits set by the United States 10th Circuit Court of Appeals for which determined that EPA “abused its discretion” over the RFS by granting similar exemptions. This is just the latest in an ongoing effort by the industry to end the waivers.