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HR 5636119th CongressIn Committee

Protect Consumers from Reallocation Costs Act of 2025

Introduced: Sep 30, 2025
Sponsor: Rep. Kennedy, Mike [R-UT-3] (R-Utah)
Environment & Climate
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill, titled the Protect Consumers from Reallocation Costs Act of 2025, would change how the Renewable Fuel Standard (RFS) is applied to small refineries that receive exemptions. Specifically, it would prohibit the Environmental Protection Agency (EPA) from reallocating a small refinery’s renewable fuel obligation (RVO) to other parties when that refinery receives an extension of an exemption. It also requires that any gasoline or diesel produced by a small refinery with such an exemption be counted toward the total volume of fuel produced or imported by the owner when calculating that owner’s renewable fuel obligations. In short, the bill aims to prevent shifting the burden of compliance from exempt small refineries to other refiners and to treat exempted volumes as part of the owner’s overall production base for RFS calculations. The intended effect is to shield consumers from potential costs or price effects tied to reallocation of obligations and to ensure that exempted volumes are integrated into the owning entity’s compliance calculations rather than redistributed elsewhere.

Key Points

  • 1Prohibition on reallocating obligated volumes: The EPA may not reallocate any renewable fuel obligation that applies to a small refinery to which an exemption extension under the RFS rules applies, for purposes of annual determinations.
  • 2Inclusion of exempted volumes in owner’s totals: When calculating an owner’s renewable fuel obligations for a calendar year, the gasoline or diesel refined by a small refinery owned or operated by that owner and receiving an exemption extension must be included in the owner’s total fuel production/imports for that year.
  • 3Scope of the prohibition: Applies to the determinations for each calendar year, specifically to small refineries with an extended exemption.
  • 4Relationship to existing exemptions: The bill targets the practice of reallocating waived obligations from exemptions, not the granting of the exemptions themselves.
  • 5Overall aim: To limit the ability of the RFS system to shift compliance burden between refiners and to ensure exempted volumes are counted within the owning entity’s production base.

Impact Areas

Primary group/area affected- Refineries and refinery owners (particularly those who own small refineries that receive exemptions) and other obligated parties under the RFS. The bill directly changes how exemptions impact obligations and how volumes are counted.Secondary group/area affected- Consumers and fuel markets (potential effects on fuel costs, blend requirements, and compliance costs).- EPA and regulatory agencies responsible for implementing the RFS program, since the bill would require changes to rulemaking and calculations.Additional impacts- Industry compliance and administrative burden: Refiners may need to adjust internal accounting and reporting to reflect exempted volumes as part of total production. EPA rulemaking would need to reflect the prohibition on reallocation and the new accounting method.- Market dynamics: By preventing reallocation of exempted volumes, the distribution of renewable fuel obligations could become more fixed, potentially affecting pricing signals and investment in renewables and ethanol blends.- Legal and policy alignment: The bill would realign how small refinery exemptions interact with the broader RFS framework, potentially reducing flexibility that EPA previously used in reallocation scenarios.
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