Author Archives for raeditor
September 11, 2024 9:41 am
Published by raeditor
So, a bit of background. Most of you are already familiar with the Renewable Fuel Standard (RFS) and Small Refinery Exemptions (SRE). If you are not, please be sure to read up on them in previous posts. Now that that’s done, let’s look at the issue at hand. In 2022, EPA denied all SREs that had been petitioned. The Agency reasoned that only compliance costs with the RFS were relevant to showing disproportionate economic harm, and these costs could simply be passed along to their consumers. As such, EPA concluded that small refineries do not face any economic hardship via... Read More →
December 11, 2023 9:51 am
Published by raeditor
Did you know that if you totaled up all the birds and pear trees given in the song “The Twelve Days of Christmas”, there would be 184 birds and 12 trees? Speaking of gifting others, the 5th Circuit Court of Appeals recently gave refiners the “gift” of withdrawing EPA’s denial of small refinery exemptions (SREs) for six different refineries. How did this “gift” come to be? In 2022, EPA made headlines twice when it retroactively overturned SRE petitions that had already been granted. In April 2022, EPA retroactively denied 36 SRE petitions from 36 different small refineries that had... Read More →
November 6, 2023 4:20 pm
Published by raeditor
My dad was the person in my family handing down the life lessons. One thing that I heard probably more than anything else was that there are only three certainties in life: death, taxes, and the fact that everything changes. Turns out he was right…though it will be a very long time before I tell him that…Speaking of taxes, recently, Chemoil Corp. ran into one of the more certain things in life. I know, I know, taxes….blech. I promise, however, to give you a scintillating tale of a tax credit, a bad actor, and a court case. I am certain... Read More →
October 11, 2023 9:34 am
Published by raeditor
It’s spooky season! A time filled with ghosts and goblins and…a report by the Office of Inspector General (OIG) on fraud potential within the Renewable Fuel Standard (RFS). Recently, OIG completed an audit of the RFS to identify areas of improvement to prevent opportunities for RIN fraud. The words “fraud” and “Renewable fuel Standard” or “RINs” used in the same sentence can be a little scary. I’ll admit it. When this report was first published, before I had read it, I passed it on to my boss with the message: “This doesn’t look good.” Even some of the headlines that... Read More →
September 11, 2023 9:47 am
Published by raeditor
September in Iowa is just starting to feel a bit like fall. I am so ready for comfy socks, oversized sweatshirts, pumpkin spice, and the feeling of impending lawsuits…wait, what? EPA has recently “fallen” subject to many lawsuits filed by many different entities from several different market positions, but this post is going to focus on the one between EPA and the Center for Biological Diversity. Recently, the Center for Biological Diversity (CBD) filed suit against EPA for the Renewable Volume Obligations (RVOs) as part the Renewable Fuel Standard (RFS) “Set” rule released this past June. More specifically, CBD is... Read More →
August 8, 2023 2:15 pm
Published by raeditor
I think there needs to be a book like “Alexander and the Terrible, Horrible, No Good, Very Bad Day,” but for adults. Maybe, “Alexander and the Terrible, Horrible, No Good, Very Bad Adulting,” complete with an accurate description of the 40-hour work week, taxes, and what paying student loans feels like. Given recent events, small refineries might be able to relate to either book. Within the past month, EPA has made a couple of decisions that have gained a fair amount of attention. First, EPA denied 26 Small Refinery Exemptions (SRE) petitions between the years 2016-2018 and 2021-2023. Second, the... Read More →
July 11, 2023 1:03 pm
Published by raeditor
The thing that everyone has been talking about for the past few months has finally happened. *Cue the drumroll please* EPA released the final “Set” rule. Boasting nearly 500 pages, the final “Set” rule included several provisions, such as: the formal withdrawal of eRINs from the final rule, new Renewable Volume Obligations (RVOs) for 2023-2025, EPA setting a precedent for releasing RVOs every three years, an amendment to the separated food waste record-keeping rule, biogas reform rules, and many other provisions. Don’t worry, I read all 468 pages so that you don’t have to experience the absolute joy of reading... Read More →
June 14, 2023 8:37 am
Published by raeditor
Have you ever done something and then, upon introspection, changed your mind? Committed to going out on a Friday night when you really wanted to stay in with your fuzzy slippers, security blanket, and a TV series that you’ve seen 100 times, perhaps? EPA might know a little about this with the recent chatter about it withdrawing its proposed eRIN program as part of the upcoming “Set” rule. Last December, EPA published a massive “Set” proposal, which included provisions for eRINs. Under the proposed “Set” rule, eRINs would be rolled into the existing regulations within the Renewable Fuel Standard (RFS).... Read More →
May 9, 2023 9:13 am
Published by raeditor
You would think, by now, that the Supreme Court of the United States (SCOTUS) would be used to handling “fishy” situations. Afterall, the most senior court in the all the land casts a pretty wide jurisdictional “net.” In a current case before SCOTUS, Loper Bright Enterprises v. Raimondo, (Loper), a commercial fishing company challenges the federal agency responsible for the stewardships of marine resources. How could a commercial fishing company possibly have anything to do with the Renewable Fuel Standard? Since I’ve baited the hook so well, Loper directly challenges the precedent set in Chevron v. Natural Resources Defense Council... Read More →
April 12, 2023 10:57 am
Published by raeditor
Growing up as a competitive figure skater taught me valuable life lessons that I have taken with me into adulthood. For example, don’t open your eyes when your mom is spraying hairspray, remember to drink your water, and most importantly, if you fall, get back up and try again. Trying again is a good way to phrase the recent reintroduction of the Next Generation Fuels Act into Congress Oh neat, Congress is doing something and tagging on to the Clean Air Act. Actually, the proposed pieces of legislation are a little bit heftier than that. The body of legislation aims... Read More →
