Clean Air Council Argues EPA Does Not Have Legal Authority to Create an Exemption from the Renewable Fuel Standard for PES

PHILADELPHIA, PA (March 26, 2018) – Clean Air Council submitted comments today to the U.S. Department of Justice regarding a proposed settlement agreement reached by the Environmental Protection Agency (EPA) and the Philadelphia Energy Solutions (PES) refinery.  The agreement would effectively exempt the facility from complying with a key component of EPA’s Renewable Fuel Standard program, despite the agency having no statutory or regulatory authority to make such an agreement. PES, the largest refinery on the East Coast and one of the largest in the country, is currently going through a bankruptcy reorganization.

Official statement from Joseph Otis Minott, Esq., Executive Director and Chief Counsel, Clean Air Council:

“EPA lacks the authority to give the PES refinery a free pass on complying with the Renewable Fuel Standards. EPA is undermining the Clean Air Act’s established regulations for offsetting the environmental impact of refineries. EPA’s disregard for compliance with environmental regulations sets a dangerous precedent for other refineries that purchase Renewable Identification Numbers instead of producing renewable fuel. EPA must address this issue with PES in accordance with the law.”

Contacts:
Joseph Minott: 215-567-4004, ext. 116, joe_minott@cleanair.org