PolicyBrief
H.R. 8536
119th CongressApr 28th 2026
Fuel and Strengthen the American Refinery Act of 2026
IN COMMITTEE

This bill reforms the Renewable Fuel Standard by limiting non-advanced biofuel volumes, extending credit use, establishing new criteria for small refinery exemptions, and allowing the year-round sale of E15.

Jodey Arrington
R

Jodey Arrington

Representative

TX-19

LEGISLATION

New Fuel STAR Act Caps Non-Advanced Biofuels, Eases Refinery Exemptions, and Greenlights Year-Round E15 Sales

Alright, let's talk about the Fuel and Strengthen the American Refinery Act of 2026, or the Fuel STAR Act of 2026. This bill is looking to shake up how we deal with renewable fuels and how our refineries operate, with some pretty direct impacts on your gas pump and potentially the air we breathe.

The Biofuel Balancing Act

First off, the bill is putting a cap on the amount of certain renewable fuels. Specifically, for each year after it becomes law, the EPA can't require more non-advanced renewable fuel than what the Energy Information Administration projects for annual domestic ethanol-blended fuel consumption. Think of it like this: if you're a farmer growing corn for ethanol, this sets a ceiling on how much of that specific type of fuel the market has to absorb under the Renewable Fuel Standard (RFS). This could mean a more predictable, but also potentially limited, market for those fuels going forward.

On the flip side, if you're a refiner, this bill is giving you a bit of a break when it comes to older renewable fuel credits. Credits generated between 2020 and 2022 can now be used for compliance for up to five years after the bill passes. So, if your company stockpiled some of those credits during the pandemic years, you get more time to use them, though you can only use 20% of those older credits in any given year. It's like extending the expiration date on a coupon, giving companies more flexibility.

Easing Up for Refineries

Now, for the really interesting part: small refinery exemptions. This bill is making it potentially much easier for smaller refineries to get out of some RFS requirements. If a refinery processes less than 10,000 barrels of crude oil a day and started up after January 1, 2007, they're eligible for a hardship exemption. The EPA will now have to consider a bunch of new economic factors, like how much compliance costs would hit a holding company's revenue or if those costs would literally shut the refinery down. (Section 2, Small Refinery Exemptions)

Here’s where it gets wild: if the EPA doesn't give a legal reason for denying a petition within 90 days, that exemption is automatically granted. Yes, you read that right—automatic approval if the agency doesn't act fast enough. Plus, if the Secretary of Energy determines a refinery's 'disproportionate impacts index' or 'viability index' is high enough (based on a 2011 study), the EPA must grant the exemption. This could be a game-changer for smaller players, potentially saving jobs and keeping some refineries running, but it also raises questions about oversight and whether these exemptions truly reflect environmental goals. (Section 2, Automatic Grant for No Response; Mandatory Approval)

And just to be clear, if a small refinery gets an exemption, its renewable fuel obligation can't be reallocated to other refineries. This means those obligations essentially disappear, rather than being passed on to someone else. (Section 2, No Reallocation of Obligations)

Your Gas Tank Gets a New Option

Finally, let's talk about what this means for your car. The Fuel STAR Act is giving the green light for year-round sales of E15 gasoline. That's the blend with 10% to 15% ethanol, which has historically faced restrictions during summer months due to volatility rules. This bill aligns the Reid Vapor Pressure (RVP) limits for E15 with those for E10, essentially making it just as easy to sell E15 all year. If you live in an area where E15 is available, this means more consistent access to a potentially cheaper fuel option, and it's a win for ethanol producers. (Section 2, Year-Round Sale of E15)

So, what does this all mean? For drivers, potentially more E15 at the pump year-round. For small refineries, a clearer and potentially easier path to RFS exemptions, which could keep some operations afloat. For the renewable fuel industry, a cap on certain types of biofuels but more flexibility for past credits. It’s a bill that tries to balance energy production with environmental goals, but definitely shifts some of the regulatory burden and oversight.