U.S. Sen. Jim Inhofe (R-Okla.), senior member of the Senate Environment and Public Works (EPW) Committee, and Sens. Orrin Hatch (R-Utah), Michael Enzi (R-Wyo.), Johnny Isakson (R-Ga.), John Barrasso (R-Wyo.), Roger Wicker (R-Miss.), James Risch (R-Idaho), Joe Manchin (D-W. Va.), John Boozman (R-Ark), Pat Toomey (R-Pa.), Michael Lee (R-Utah), Jeff Flake (R-Ariz.), Ted Cruz (R-Texas), Shelley Moore Capito (R-W. Va.), Bill Cassidy (R-La.), James Lankford (R-Okla.), Tom Cotton (R-Ark), Steve Daines (R-Mont.), John Kennedy (R-La.) and Cindy Hyde-Smith (R-Miss.) sent a letter urging Acting EPA Administrator Andrew Wheeler to refrain from retroactively reallocating the Renewable Fuel Standard (RFS).
“In recent weeks, media reports indicated that the Environmental Protection Agency (EPA) considered a proposal to retroactively reallocate the Renewable Fuel Standard (RFS) compliance obligations from small refineries, which have received hardship relief, to other refineries and importers. Thankfully, in the proposed rule setting renewable volume obligations for 2019 (the "2019 RVO"), EPA abandoned this ill-considered plan. However, given the requests from biofuel interests, we are writing this letter to state very clearly our strong opposition to any future resurrection of this proposed policy,” the senators write.
The letter continues: “Simply put, a retroactive reallocation of small refinery obligations to other obligated parties is illegal and fundamentally unfair, imposing a financial penalty on refineries that have otherwise been in compliance with the law.”