Disclosure of Information Claimed as, or Determined by EPA To Be, Confidential Business Information (CBI) in Renewable Fuel Standard (RFS) Small Refinery Exemption Petitions and Certain RFS Compliance Reports
The U.S. Environmental Protection Agency (EPA) is providing 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 any of the following RFS compliance reports: RFS2500 Efficient Producer Data Report, RFS0303 Annual Report, RFS0104 RFS Activity Report, and RFS0105 RFS Activity Report. In response to a request by the U.S. Government Accountability Office (GAO), EPA will disclose information to GAO which has been submitted to EPA that is claimed to be, or has been determined to be, confidential business information (CBI). The information to be disclosed includes all documents, information, and data related to all small refinery exemption petitions received by EPA since May 21, 2021, through December 31, 2023, and all information in the aforementioned RFS compliance reports. These records include, but are not limited to: (a) All materials submitted by the small refineries as part of their petitions; (b) any documentation sent by the Department of Energy (DOE) to EPA stating DOE's findings and scores associated with the petitions and any EPA responses thereto; (c) any EPA record addressing the subject of the exemption petitions, including any analysis that EPA conducted in addition to DOE's findings; and (d) EPA's final exemption decisions sent to the refineries.