EPA: No new SRE petitions filed, 70 SRE petitions still pending

By Erin Voegele | June 17, 2021

Data published by the U.S. EPA on June 17 shows that no new small refinery exemption (SRE) petitions have been filed under the Renewable Fuel Standard in the past month. The data also indicates no changes have been made to the status of 70 pending SRE petitions.

The 70 pending petitions include 18 for compliance year 2020, 32 for compliance year 2019, three for compliance year 2018, one for compliance year 2017, two for compliance year 2016, three for compliance year 2015, four for compliance year 2014, three for compliance year 2013, two for compliance year 2012, and two for compliance year 2011.

The EPA is not currently expected to act on any of the 70 pending SRE petitions until after the U.S. Supreme Court completes its review of the Tenth Circuit Court of Appeals’ January 2020 ruling that struck down three SREs that the court said were improperly issued by the EPA and held that the agency cannot “extend” exemptions to any small refineries whose earlier, temporary exemptions had lapsed. The Supreme Court heard oral arguments pertaining to the challenge on April 27 and is expected to issue its decision this summer.