Small Refinery Waivers

Under the RFS, EPA grants “small refinery waivers”. This concept provokes a lot of discussion and controversy amongst stakeholders.

Under the RFS rule, EPA may exempt small refineries (less than 75,000 barrels per day) from RFS compliance. The waiver provision was intended to temporarily exempt smaller refineries, so they could invest in biofuel blending equipment at the beginning of the RFS’s enforcement. EPA has not provided any information regarding how it assesses petitions for small refinery exemption and has not disclosed the names of the refineries, the volumes of the renewable fuel exempted, the years covered by the exemption, or even if this makes a significant impact in the market. The Table below offers an estimation of exemptions requested and granted, and