The U.S. Department of Energy has indicated it’s recommending the EPA approve 58 small refiner gap waiver petitions presented this year. National Biodiesel Board CEO Donnell Rehagen says those waiver requests go as far back as nine years ago and if approved will create a lot of instability in the Renewable Fuel Standard.

He says 85 earlier approved SREs caused the loss of half a million gallons of biodiesel and now DOE is recommending to the EPA 86 more SREs..

Rehagen says should EPA follow through with DOE’s latest recommendation that would violate an earlier Tenth Circuit Court decision.

In January of this year the 10th. Circuit Court of Appeals ruled the EPA abused its authority by giving small refinery waivers whether they were merited or not.