Letter to President Donald Trump, President of the United States - Representative Craig, Members of the Congressional Biofuels Caucus Lead Bipartisan Rebuke of Trump Administration's Last-Minute Reversal on Small Refinery Exemptions

Letter

Dear President Trump,

We are alarmed by reports that the Environmental Protection Agency (EPA) may issue numerous pending 2019 small refinery exemptions (SREs) despite ongoing legal action and commitments from top EPA officials that this would not occur.1 Granting any of these waiver requests will further devastate America's rural communities as they continue to struggle amidst a difficult economy.

These illegal small refinery exemptions are contrary to legislative intent and hurt our rural economies; they also impede the use of clean, renewable liquid fuel in the marketplace. This news arrives at the worst time possible as the biofuels industry continues to reel from the economic impacts caused by the COVID19 pandemic. These exemptions, coming on top of 85 waivers already granted by EPA over the past four years, would also cause immense and unnecessary strain to businesses that are desperately trying to keep workers on the payroll.

In September, EPA Administrator Andrew Wheeler rightfully rejected dozens of spurious and illegal waiver requests from refiners. But now, with 66 more exemption requests pending, Administrator Wheeler's sudden reversal is a betrayal to Rural America and our local farmers who depend on stable ethanol and biodiesel markets for their corn and soybeans. This move also harms our essential infrastructure workers who provide fuel to keep our economy running, and our critical supply chains that rely on biofuel industry coproducts. All these benefits are at immediate risk if any 2019 waivers are granted.

It would be inappropriate to grant any waiver petitions inconsistent with the law and the Tenth Circuit Court decision in Renewable Fuels Association et al. v. EPA until currently pending litigation on this issue has concluded. Therefore, we respectfully request that you direct EPA to immediately reject any pending waiver requests that do not meet the criteria established in Tenth Circuit Court's decision.