EPA Finalizes Rule Extending RFS Deadlines For Refiners

“Under the extended deadlines small refineries must submit 2019 compliance documents by Nov. 30, 2021, and the associated attest engagement reports by June 1, 2022,” EPA said.

Growth Energy Chief Executive Officer Emily Skor said in a statement the decision was disappointing.

“Refiners using COVID-19 as a pretext to attack the Renewable Fuel Standard is wrong, as biofuel producers were among the hardest hit by COVID-19, with over half the industry offline at the peak of the crisis,” she said

“The intent of the RFS is to blend more biofuels into our nation’s transportation fuel supply. It is not meant to have oil companies use questionable tactics to avoid blending biofuels and then demanding that the agency further delay compliance. These refineries have had ample time to blend more biofuels and comply with the RFS. We urge EPA to move expeditiously to finalize the 2021 and 2022 RVO, as well as restore the 500 million gallons that have been pending since 2017.”

A number of biofuels and other groups submitted comments to the agency ahead of the recent public comment period deadline.

Renewable Fuels Association President and Chief Executive Officer Geoff Cooper, said in comments to the agency, “This proposal is unnecessary, and the timelines are excessive. All that the extensions would do is compound problems that the EPA itself created under the last administration: the massive and unjustified increase in small-refinery exemptions and the failure to finalize the 2021 renewable volume obligations by the statutory deadline. The rationale that the EPA laid out is either not valid or not sufficient to extend the RFS compliance deadlines.”

The final rule may come as a surprise to the biofuels and agriculture industries, as the Biden administration has committed to upholding the RFS.

Todd Neeley can be reached at

Follow me on Twitter @toddneeleyDTN

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