A group of small oil refiners asked US officials at a recent meeting to not just grant exemptions from years-old biofuel blend mandates but to also provide lucrative program credits they can sell to other companies.
The Environmental Protection Agency (EPA) has proposed record-high biofuel blend mandates for the next two years, but farm groups fear that a backlog of exemption requests threaten those targets. There are more than 180 unresolved exemption requests stretching over 10 years after courts struck down various denials during former-president Joe Biden's term.
Under the Renewable Fuel Standard, oil refiners and importers must annually blend biofuels or buy Renewable Identification Number (RIN) credits from those that do. But refiners that process 75,000 b/d or less of crude and can prove "disproportionate economic hardship" are able to request full exemptions which can mean tens of millions of dollars in reduced compliance costs.
In a 20 May meeting with EPA officials, a coalition of small refiners made the case that President Donald Trump's administration should not just grant broad relief from 2019-2022 mandates but also issue "replacement RINs" for any refiners that already complied.
EPA should issue these RINs "with adequate lead time" before compliance deadlines and ensure they have "adequate shelf life", according to a proposal shared with EPA by a coalition lawyer and obtained by Argus through a Freedom of Information Act request. The agency should even consider giving companies more credits than they submitted if RINs are cheaper now, the group argued.
RINs from those years are otherwise expired and would be useless if returned as is.
"Hardship relief is more critical now than ever", the group of 14 companies argues, given rising biofuel quotas.
The issue is politically tricky for EPA, since widespread waivers threaten biofuel and crop demand, and has been the subject of numerous court fights over the years. The first Trump administration handed out exemptions generously, but current officials have not yet staked out a clear position. EPA told Argus it is taking steps "to reduce the backlog as soon as possible".
Living RIN the past
EPA could potentially return credits on a staggered timeline or impose conditions on their use to avert market turmoil, according to lawyers and lobbyists experienced in waiver issues. The proposal alludes to this, noting however that "any conditions on RIN return that are intended to address potential market reactions must strike the appropriate balance to ensure flexibility to small refineries".
Biofuel groups have lobbied against retroactive waivers but said that EPA could minimize the damage by making other oil companies blend more biofuels. The agency should ensure that any exemptions "will be made up in the market", said Emily Skor, president of ethanol lobby Growth Energy, at a hearing last week.
But the refiners' proposal argues that EPA is not required to do so if it grants exemptions retroactively. The agency has estimated future exemptions when calculating the percentage of biofuels individual refiners must blend — frustrating large producers that then shoulder more of the burden of meeting high-level targets — but doing the same with past-year waivers is more legally risky.
The small refiners float a less aggressive approach for other compliance years. The proposal notably makes no reference to petitions for relief from 2016-2018 quotas. EPA under Biden rejected 31 petitions for those years but did not require companies to surrender additional RINs, potentially making any push for extra relief a tougher sell despite courts' skepticism of the underlying denials.
And for 2023 and beyond, the refiners say that EPA should rely on "merit-driven scoring". EPA already consults with the Department of Energy, which scores hardship for individual applicants, though the importance of this feedback has varied over the program's history. The coalition also wants EPA to rescind three 2023 compliance year denials issued during the final days of Biden's term, which affected two Calumet refineries and one CVR Energy refinery.
RINto the future
The coalition's proposal is notable since small refiners — apart from a handful recently calling for a "seat at the table" — have largely not publicized their asks of the Trump administration, leading traders to speculate wildly on policy shifts. RIN prices have been volatile as a result.
The coalition includes 14 companies that submitted 41 petitions that courts have told EPA to reconsider as well as 37 requests for more recent years, the proposal says. They are represented by independent attorney Claudia O'Brien, who did not respond to a request for comment.
The documents obtained by Argus do not list all companies involved in the effort, but lawyers for Calumet, Par Pacific and Placid Refining were scheduled to attend the May meeting in person with top EPA appointees Aaron Szabo and Alexander Dominguez, while others attended virtually. O'Brien said in a separate email that Hunt Refining, REH Company, and Ergon were part of the coalition.
The policy requests represent the position of one group and not necessarily all 34 refineries EPA estimates are eligible for future waivers.
It is not clear how officials responded at the meeting or what options they are weighing now. EPA wants to finalize new blend mandates before November and has said it plans to communicate its approach to exemptions beforehand.
