The National Biodiesel Board filed formal comments April 29 on the U.S. EPA’s proposed Modifications to Fuel Regulations to Provide Flexibility for E15; Modifications to RFS RIN Market Regulations rules. On behalf of members, NBB expressed appreciation for the agency’s effort to enable growth of biofuel use by allowing year-round E15 sales. However, NBB respectfully disagreed with EPA’s proposal to modify RIN market regulations without first showing data-based evidence of problems within the RIN market.

“The proposed RIN market reforms are unnecessary, as EPA has yet to see data-based evidence of RIN market manipulation,” NBB writes in its comments. “Reforming a system that, while certainly not perfect, is working as intended with no evidence of manipulation has the potential to disrupt and even undermine the system that obligated parties use to demonstrate compliance with the RFS. We ask that the agency use this proposed rule as an opportunity to provide transparency to the small refinery exemption process and address the timing of granting these exemptions. Increasing transparency in the small refinery exemption process is what is actually needed to prevent manipulation in the RIN market.”

Kurt Kovarik, NBB’s vice president of federal affairs, added, “Right now, retroactive small refinery exemptions are having the most negative impact on RIN markets, destroying demand for more than 360 million gallons of biodiesel and renewable diesel. Rather than unneeded reforms that could further disrupt the RIN market, EPA should increase transparency around the small refinery exemptions, end its practice of encouraging retroactive petitions, and ensure that annual volumes that it set are met.”