The Environmental Protection Agency Monday announced it agrees with the 10th Circuit Court of Appeals reading of the Renewable Fuel Standard’s small refinery exemption provision. The court had ruled in January of 2020 that EPA may extend an existing small refinery exemption but may not create new exemptions. National Biodiesel Board’s Paul Winters says they’re pleased with the agency’s decision.

He says the EPA did not say anything about restoring any of the lost biofuel gallons to the RFS due to the large numbers of SREs’ granted.

Winters says the EPA’s decision is a positive step forward but more needs to be done to make sure the RFS is properly followed.

Winters adds that the EPA also agreed with the court that the exemption provision was intended to operate as a temporary measure.