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EPA is proposing an alternative schedule for small refineries to comply with Renewable Fuel Standard volume obligations for the 2019 and 2020 compliance years. The compliance flexibility is necessary to address a unique confluence of circumstances that render the standard compliance deadlines impracticable for the obligated small refineries and problematic for the RFS program as a whole. The proposal would not change volume obligations but would give small refineries more time to come into compliance and more time to acquire RINs. The action is necessary to ease immediate demand on 2019 and 2020 RINs, and especially advanced RINs, which are largely unavailable. The extended compliance schedule and option to use a broader range of RIN vintages to comply would make it possible for small refineries to come into compliance with their RFS obligations.

The proposed alternate compliance schedule would establish a series of interim deadlines for RIN retirement along with deficit carry forward and reporting protocols applicable to small refineries that choose to exercise this compliance flexibility. The proposal will seek public comment on the sufficiency of this time period and the appropriateness of the unique provisions designed to implement this approach.