Attest Engagements Due Soon! 

Are you working on your attest engagement right now according to the recent RFS streamlining rules? 2023 Attest Engagements for all regulated parties and 2022 Attest Engagements for obligated parties are due June 1, 2024.

As part of the EPA’s recent efforts to alleviate regulatory burden, 40 CFR Part 80 (Renewable Fuel Standard) and Part 1090 (gasoline manufacturer) attest engagement requirements were streamlined as well as adding few new requirements. One of the new requirements includes the 3rd party/independent auditor (required to complete the attest engagement) now must associate with the regulated party (all parties registered under RFS) in the EPA Fuels Program as well as change business activities to reflect the requirement to complete an attest engagement. If you transacted RINs in 2023, you most likely need an attest engagement.

In addition, EPA updates the quarterly and annual compliance RFS reports on a periodic basis, be sure you are using the most recent version of EPA reports by checking here: https://www.epa.gov/fuels-registration-reporting-and-compliance-help/list-quarterly-and-annual-reports-renewable-fuel

Contact Ginger at the Alternative Fuels Council if you need help getting back on compliance track!  Our online system creates a system of record that improves efficiency and transparency for auditors.

5th Circuit Court of Appeal Ruled EPA’s denial of 6 small refineries’ exemption (SREs) requests under the RFS was contrary to law

The 5th Circuit Court of Appeal ruled in late November that EPA’s denial of 6 small refineries’ exemption requests under the RFS was contrary to law. The EPA had previously used a DOE study and scoring matrix to grant hardship petitions. The Fifth’s Circuit Court rejected the EPA’s recent approach that provided exemption only if their economic hardship was caused solely by RFS compliance costs. The Fifth Circuit Court ruled that the exemption should be based upon not just RFS compliance costs but also local economic conditions or refinery-specific circumstances. It is not yet known how EPA will respond to this decision, nor what will happen to the pending petitions. 

View the Most Up-to-Date Listing of SREs and their Status at EPA Here