November 1, 2013

Workshop Will Help Companies Avoid Costly Regulatory Delays

The number of Significant New Use Rules (SNUR) issued by EPA has greatly increased in recent months, causing long and costly delays for companies trying to market biobased chemicals and products. The Biobased and Renewable Products Advocacy Group (BRAG™) is holding a workshop to help companies avoid these delays by explaining how, when, and to which entity or entities in the value chain the Toxic Substances Control Act (TSCA) applies, and what a renewable chemical innovator must do to...
November 1, 2013

Groups Press TSCA Reform

On October 29, 2013, hundreds of parents and children participated in a "stroller brigade" on Capitol Hill during which they lobbied Senate offices to provide greater protections against harmful chemicals during reform of the Toxic Substances Control Act (TSCA). The stroller brigade also joined actress Jennifer Beals at a press conference on TSCA reform sponsored by the Safer Chemicals, Healthy Families Coalition. Following the July 31, 2013, Senate Environment and Public Works hearing...
November 1, 2013

Court Agrees To Expedite Review Of RFS Case

On October 30, 2013, the U.S. Court of Appeals for the District of Columbia approved the request by Monroe Energy to expedite review of the current RFS litigation challenging EPA's final rule setting the 2013 renewable volume obligations under the federal RFS (the 2013 RFS rule). In October 2013, Monroe, the American Petroleum Institute (API), and the American Fuel and Petrochemical Manufacturers (AFPM) filed individual cases before the court challenging the 2013 RFS rule. These cases have...
November 1, 2013

Senators Expected To Introduce Bill To Eliminate RFS Conventional Ethanol Requiremen

Citing concerns over livestock in their states, Senators Dianne Feinstein (D-CA) and Tom Coburn (R-OK) have announced plans to introduce legislation to eliminate the corn ethanol volume requirements under the federal RFS. The bill would leave the advanced biofuels requirements in place. Certain stakeholders in the biofuels industry have already come out against the bill. For instance, it is reported that Renewable Fuels Association President and CEO Bob Dinneen has stressed the importance of...
November 1, 2013

Groups Continue Strong RFS Advocacy

As stakeholders eagerly await the impending official release of the U.S. Environmental Protection Agency's (EPA) proposed 2014 Renewable Fuel Standard (RFS) rule, strong advocacy from all sides continues on the issue in Washington. The Office of Management and Budget (OMB) has been reviewing the proposed rule since August 30, 2013. Recently, a draft of it was leaked (the leaked draft proposal). In the leaked draft proposal, for the first time, EPA would lower the RFS target volumes not only...
November 1, 2013

Farm Bill Conference Begins

On October 30, 2013, the Conference Committee selected to merge the House and Senate versions of the next five-year Farm Bill met to begin formal negotiations. This Farm Bill Conference Committee is comprised of 41 bi-partisan Members of the U.S. House and Senate. Though Farm Bill Conference Committee negotiations are expected to be difficult, pressure is on Members of Congress to pass a final version of the next five-year bill by the end of this year. If it fails to do so, farm policy will be...
October 25, 2013

Elevance Announces Next Stage For Second World-Scale Biorefinery

Elevance Renewable Sciences, Inc., a high-growth specialty chemicals company headquartered in Woodridge, Illinois, has announced the authorization of the next stage of its second world-scale biorefinery in Nachez, Mississippi. The Company also has a joint venture biorefinery with Wilmar International Limited located in Gresik, Indonesia. Both commercial scale biorefineries are based on Elevance's proprietary metathesis technology. According to the Company's press release, the Nachez...
October 25, 2013

All Sides Remain Heavily Engaged On The RFS

Biofuels supporters and opponents remain heavily engaged in RFS policy issues. Last week, we reported on a news report that one advanced biofuels trade association, the Advanced Biofuels Association (ABFA), may be working with the American Petroleum Institute (API) on potential legislative language that would provide additional RIN credit for advanced biofuels under the federal RFS program. Since then, ABFA and API have both denied the accuracy of the story. In addition, DuPont announced that it...
October 25, 2013

EPA Publishes Final Rule Modifying The RFS For Heating Oil

On October 22, 2013, the U.S. Environmental Protection Agency (EPA) issued a final rule modifying the federal Renewable Fuel Standard (RFS) program. The rule is effective December 23, 2013. According to the notice: "EPA is amending the definition of 'heating oil' in the regulations for the Renewable Fuel Standard (RFS) program under section 211(o) of the Clean Air Act. This amendment expands the scope of renewable fuels that can be used to show compliance with the RFS renewable fuel...
October 25, 2013

USDA Announces Funding Availability For Advanced Biofuels

On October 21, 2013, the U.S. Department of Agriculture (USDA) issued a press release announcing the availability of $181 million in funding under the Biorefinery Assistance Program (BAP) to support the development of commercial-scale biorefineries or the retrofitting of existing biorefineries to produce advanced biofuels from non-food sources. The BAP was created under the Food, Conservation and Energy Act of 2008 (the 2008 Farm Bill) and is administered by USDA Rural Development. It provides...
October 18, 2013

Beta Renewables And Novozymes Announce Opening Of Italian Cellulosic Biofuels Pla

On October 9, 2013, enzyme producer Novozymes and biofuels producer Beta Renewables announced the opening of a new advanced biofuels facility located in Crescentino, Italy, that will make commercial quantities of cellulosic biofuels. More information on the announcement is available online.
October 18, 2013

Target Announces Sustainable Product Standard

On October 14, 2013, Target announced a new Sustainable Product Standard (SPS). Under the SPS, Target will rate products on ingredient stability, transparency, and overall environmental impact. The ingredient category makes up half of the overall rating. Products will not be given a favorable ingredient score if they include substances listed on a hazard list or if they include "potentially high-hazard generic ingredients." More information on the new SPS is available online.
October 18, 2013

NREL Study Released On Using E15 In Model Year 2001 And Newer Cars

RFA sponsored a study released this month by the Department of Energy's National Renewable Energy Laboratory (NREL). The study is available online. In the study, NREL analyzed various studies on the effects of E15 use in Model Year 2001 and newer cars and found no meaningful difference in the use of E10 and E15 in those vehicles. This is a significant finding because many in the oil and gas industries, among others, have warned of potentially harmful effects of using E15 in cars. EPA has...
October 18, 2013

Supreme Court To Review EPA Greenhouse Gas Program

On the first day of its new term on October 15, the U.S. Supreme Court announced that it would grant review of parts of EPA's greenhouse gas (GHG) regulations. The Court will review part of the June 2012 decision issued by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld EPA's GHG program. It will review whether EPA's GHG regulations for motor vehicles should have triggered Prevention of Significant Deterioration permitting for stationary sources. The case...
October 18, 2013

Farm Bill Negotiations Move Forward

Leaders of the House of Representatives have named 29 Representatives to the conference committee that will work to consolidate the House and Senate versions of the next five-year Farm Bill into a final piece of legislation that will be passed by both Houses of Congress and signed into law by President Obama. While House and Senate leaders assert their commitment to settling on and passing a final version of the next Farm Bill, getting to agreement will likely be difficult. One of the most...
October 18, 2013

Reports On Potential Legislative Language To Increase Value Of Advanced Biofuel RIN

It is being reported that API and the Advanced Biofuels Association (ABFA) are working together on potential legislative language to increase the value of RINs associated with advanced biofuels and to allow them to help make up conventional RINs due to blend wall constraints under the federal RFS. According to news reports, the two groups are working to present this potential language to members of the House Energy and Commerce Committee who are working on developing legislation to modify the...
October 18, 2013

Leaked 2014 RFS Proposed Rule

Last week, part of EPA's much anticipated 2014 proposed RFS rule, or at least a draft of the rule, was leaked and widely disseminated. If the text of the leaked proposed rule is representative of the actual proposed rule, the oil and gas industry would likely view it more favorably than would the biofuels industry. In the leaked version of the proposal, EPA would use its authority under the RFS to adjust downward the cellulosic, advanced, and overall renewable fuel volume requirements for...
October 18, 2013

Challenges To EPA’s Final 2013 RFS Rule

Obligated parties and the organizations that represent them continue efforts to challenge and weaken the federal Renewable Fuel Standard (RFS). Several lawsuits have been filed recently in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit Court) challenging the final rule issued by the U.S. Environmental Protection Agency (EPA) setting the 2013 RFS requirements. Monroe Energy, a subsidiary of Delta Airlines, the American Fuel and Petrochemical Manufacturers (AFPM), and...