GAO: EPA's June 2022 denial of SREs not subject to CRA
February 20, 2023
BY Erin Krueger
The U.S. Government Accountability Office on Feb. 9 issued a determination that states the U.S. EPA’s June 2022 denial of 69 small refinery exemptions (SREs) under the Renewable Fuel Standard is not a rule, and therefore is not subject to the requirements of the Congressional Review Act.
Sens. Bill Hagerty, R-Tenn.; Shelly Moore Capito, R-W.V.; and Roger Wicker, R-Miss., in June 2022 sent a letter to U.S. Comptroller General Gene Dodaro asking him to review whether the EPA’s June 3, 2022, denial of 69 SREs constitutes a rule for the purposes of the CRA. The CRA, signed into law in 1996, requires the GAO to report on major rules that federal agencies make. Federal agencies promulgating rules must submit a copy to both houses of Congress and the GAO before the rules can take effect. The CRA also empowers Congress to overturn rules issued by federal agencies via passage of a joint resolution.
The GAO on Feb. 9 announced it had completed the requested review and issued its decision, concluding that the June 2022 denial qualifies as an order—not a rule—under the CRA because its purpose was to provide the final disposition of particular SRE petitions.
A fully copy of the GAO decision is available on the agency’s website.
Advertisement
Advertisement
Advertisement
Advertisement
Related Stories
U.S. fuel ethanol capacity fell slightly in April, while biodiesel and renewable diesel capacity held steady, according to data released by the U.S. EIA on June 30. Feedstock consumption was down when compared to the previous month.
XCF Global Inc. on July 8 provided a production update on its flagship New Rise Reno facility, underscoring that the plant has successfully produced SAF, renewable diesel, and renewable naphtha during its initial ramp-up.
The U.S. EPA on July 8 hosted virtual public hearing to gather input on the agency’s recently released proposed rule to set 2026 and 2027 RFS RVOs. Members of the biofuel industry were among those to offer testimony during the event.
The USDA’s Risk Management Agency is implementing multiple changes to the Camelina pilot insurance program for the 2026 and succeeding crop years. The changes will expand coverage options and provide greater flexibility for producers.
EcoCeres Inc. has signed a multi-year agreement to supply British Airways with sustainable aviation fuel (SAF). The fuel will be produced from 100% waste-based biomass feedstock, such as used cooking oil (UCO).
Upcoming Events
