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Environmental Blog

EPA Issues Supplemental Proposed Rulemaking That Will Increase the Burdens of Non-Exempt Refiners Beginning in 2020

Making good on President Trump’s promise to corn-growing farmers, on October 28, 2019, the U.S. Environmental Protection Agency (EPA) published a supplemental notice of proposed rulemaking (Supplemental Proposal) that will effectively increase the renewable fuel obligations of non-exempt refiners and other obligated parties beginning in compliance year (CY) 2020. The EPA held a public hearing regarding the Supplemental Proposal in Ypsilanti, Michigan, on October 30, 2019, and will accept comments until November 29, 2019. EPA currently plans to issue a final rule in 2019. 

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Trump Administration Plans to Ramp Up Total Renewable Fuel Volumes Under the RFS Program for 2020

On October 4, 2019, the U.S. Environmental Protection Agency (EPA) signaled an abrupt change to the status quo, by announcing plans to issue a final rulemaking that will increase total renewable fuel volumes under the federal Renewable Fuel Standards (RFS) program beginning in 2020 to compensate for volumes lost whenever the EPA grants waivers to “small refiners,” who successfully claim a disproportionate economic hardship under the program. This change will greatly benefit farmers growing corn to produce corn-based ethanol, a “conventional” biofuel that supplies the bulk of total renewable fuel volumes required under the RFS program.

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Margaret E. Peloso

Margaret E. Peloso Partner

Carrick Brooke-Davidson

Carrick Brooke-Davidson Counsel

Jennifer Cornejo

Jennifer Cornejo Associate

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Counsel

Jay Rothrock

Jay Rothrock Senior Associate