The US Environmental Protection Agency has yet to decide on how it will proceed with 52 petitions for small-refinery exemptions (SREs) for 2011-2018 Renewable Fuel Standard (RES) compliance. These retroactive SRE petitions are being filed as "gap year" waivers to circumvent a Jan. ruling from the 10th Circuit Court of Appeals that stated that SREs could only be granted as a continuation of a previously-granted SRE. By acquiring these previous years' SREs, refiners will argue they are eligible for future SREs as their exemption would be "continuously extended" by the EPA.
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