Document 2RvOvLXD1RgYz2Z3gveBnXLN5

Message From: Sent: To: Subject: Walther, Robert [Robert.Walther@POET.COM] 6/26/2018 8:04:47 PM Wheeler, Andrew [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=17al669ef5b54fba8cb457845308787e-Wheeler, An] Follow Up from NPRM #zealousadvocacy Thanks for the time today and for allowing me to channel my execs. Here are two sections that trouble is from the nprm on srw's. EPA has granted exempti ons pursuant to thi s process in the past. Howeve r , at thi s ti me no exempti ons have been approved for 2019, and therefore we have calculated the percentage standards for 2019 without any adj ustment for exempted volumes. EPA is mai ntai ni ng its approach that any exempti ons for 2019 that are granted after the final rule is released will not be reflected in the percentage standards that apply to al1 gasoline and diesel produced or imported in 2019. EPA is not soliciti ng comments on how smal1 refi nery exempti ons are accounted for in the percentage standards formulas in 40 CFR 80.1405, and any such comments will be deemed beyond the scope of this rulemaki n g . Al so p 73 : B . Smal1 Refineries and Smal1 Refiners In CAA secti on 211(o)(9), enacted as part of the Energy Poli cy Act of 2005, and amended by the Energy Independence and Security Act of 2007, Congress provi ded a temporary exempti on to smal 1 refi neri es through December 31, 2010. Congress provi ded that smal1 refi neri es could recei ve a temporary extensi on of the exempti on beyond 2010 based ei ther on the results of a requi red DOE study, or based on an EPA determi nati on of "di sproporti onate economi c hardshi p" on a case-by-case basi s in response to smal1 refi nery peti ti o n s . In revi ewi ng peti ti o n s , EPA, in consultati on wi th the Department of Energy, evaluates whether the smal1 refi nery has demonstrated di sproporti onate economi c hardshi p , and may grant refineries exempti ons upon such demonstrati o n . EPA has granted exempti ons pursuant to thi s process in the past. Howeve r , at thi s ti me no exempti ons have been approved for 2019, and therefore we have cal cul ated the percentage standards for 2019 wi thout any adj ustment for exempted volumes. EPA is mai ntai ni ng its approach that any exempti ons for 2019 that are granted after the final rule is released will not be refiected in the percentage standards that apply to al1 gasoli ne and diesel produced or imported in 2019. EPA is not soli ci ti ng comments on how smal1 refi nery exempti ons are accounted for in the percentage standards formulas in 40 CFR 80.1405, and any such comments will be deemed beyond the scope of thi s rulemaki n g . Robert Walther Vi ce President of Federal Advocacy POET 900 7th Street NW, Suite 820 Washi ngton, DC 20001 P/ +1 [ Ex 6 Personal | F/ +1 C22)"'735-543"'"' C/ +1 [ Personal j p o e t .com Confidentiality Notice: The information contained in this e-mai1 message, including any attachments, is for use by the intended reci pi ent(s) only and contai ns informati on that may be 1egal1y privi 1eged, confidential, trade secret, proprietary in nature or copyrighted under applicable 1aw. If you are not the intended reci pi ent(s), you are hereby formal ly noti fi ed that any us e, di scl osure, copyi n g , di stri buti on or the taki ng of any acti on in relianee on the contents of thi s e-mai1 transmi ssi o n , in whole or in part, is stri ctly prohi bi t e d . This e-mai1 transmi ssi on does not consti tute a consent to the use of sender's contact informati on for di rect marketi ng purposes or for transfers of data to thi rd parties. If you are not the intended reci pient(s), pi ease promptly noti fy the sender by reply e-mai1 and destroy al 1 copies of the ori gi nal message. Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00259561-00001 Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00259561-00002