"The refining industry is under immense financial pressure, and the last thing our industry and workers need in this critical moment is a more expensive RFS burden. Gap year waivers are meant to ensure small refineries remain eligible to even apply for hardship relief in the future after conflicting decisions from the 10th Circuit Court of Appeals.

"RFS mandates cost US refiners and consumers billions of dollars each year and are responsible for millions of gallons of foreign biofuel imports. It is long past time for the programme to be reset and reformed, but in the meantime EPA should use all the tools at its disposal to protect consumers and refining jobs."

The law makes clear that small refineries may apply for RFS relief at any time. According to official government data, the small refinery exemption (SRE) programme has not reduced demand for domestic ethanol.