Senators call on Environmental Protection Agency to protect small refineries’ confidential information

Leaders of the Senate Committee on Environment and Public Works (EPW) recently sent a letter to Environmental Protection Agency (EPA) Administrator Scott Pruitt and Energy Secretary Rick Perry calling on them to protect the confidential business information of small refineries.

U.S. Sen. John Barrasso (R-WY), chair of the Senate Committee on Environment and Public Works (EPW), and Sen. Shelley Moore Capito (R-WV), chair of the EPW Subcommittee on Clean Air and Nuclear Safety, sent the letter.

Under the Clean Air Act, EPA must grant relief to small refineries that suffer disproportionate economic hardship from the renewable fuel standard (RFS). After receiving a request for exemption from a small refinery, EPA and the Department of Energy (DOE) must conduct an analysis based on confidential business information submitted by the refinery and act within 90 days of receiving a petition.

The letter cited recent efforts by third parties to obtain confidential information related to small refineries seeking exemption.

“We urge you, again, to ensure your staff and contractors do not disclose to any outside parties the confidential and other sensitive information of small refineries that petition for hardship relief,” the letter said. “Disclosure of this information would not only compound the harm to small refineries but may move markets for renewable identification numbers (RINs) and publicly-traded companies.”

The senators noted that EPA regulations state that failure by EPA employees and contractors.
to protect confidential business information “shall constitute grounds for dismissal, suspension, fine, or other adverse personnel action” and that a willful violation “may result in criminal prosecution.”