By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On March 10, 2022, EPA issued a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have petitioned for a small refinery exemption (SRE) or that have submitted certain RFS compliance reports. EPA will disclose information that is claimed to be, or has been determined to be confidential business information (CBI) from May 21, 2021, through December 31, 2023, to the Government Accountability Office (GAO). These records include:

• All materials submitted by small refineries as part of petitions;
• Any documentation that the Department of Energy (DOE) provided to EPA stating DOE’s petition findings and scores and any EPA responses thereto;
• Any EPA record addressing the subject of the exemption petitions; and
• EPA’s final exemption decisions sent to refineries.

GAO will destroy, delete, or return to EPA all CBI claimed documents at the conclusion of its review.