On May 20, 2015, the European Parliament voted to reject a plan that would eliminate the requirement for import licenses of ethanol of agricultural origin. The plan was rejected with a vote of 486 to 164 amid concerns that the loss of ethanol import data that came from the licenses would negatively impact anti-dumping duty cases. The anti-dumping duties were implemented in February 2013, and are valid through February 2018. The duties require $83.03 per metric ton of U.S. ethanol that is...
May 29, 2015
America COMPETES Reauthorization Act Of 2015 Includes Cuts To Clean Energy Research Funding
On May 20, 2015, the House voted to pass the America COMPETES Reauthorization Act of 2015 (H.R. 1806) (COMPETES), a research funding bill that was originally enacted in 2007 to further U.S. scientific and technological advantages. The new version of COMPETES increases funding for nuclear energy and fossil fuel research programs, while cutting clean and renewable energy programs. The U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy will have funding reduced by 30...
May 22, 2015
ACORE Releases White Paper Questioning EPA RFS
On May 18, 2015, the American Council On Renewable Energy (ACORE) issued a white paper arguing that "Co-location Requirements under the RFS Impede Advanced Biofuels Development." The paper was sent to EPA. It requests that EPA clarify its definition of feedstock material under the federal Renewable Fuel Standard (RFS) so that biofuels producers that pre-process their feedstocks away from final refineries are no longer prohibited from generating renewable identification numbers (RIN)...
May 22, 2015
Bank Of America Announces $600 Million Green Bond
On May 14, 2015, Bank of America (BoA) announced that it has issued a $600 million bond to fund renewable energy and energy efficiency projects. This is the second time that BoA has offered green energy bonds. In 2013, BoA issued $500 million in green bonds after pledging to commit $50 billion over ten years to advance renewable energy and promote energy efficiency projects. The new $600 million bond will advance low-carbon solutions by lending, investing, facilitating capital, and providing...
The 19th Annual ACS Green Chemistry & Engineering Conference is the longest running green chemistry conference in the United States, inviting scientists, business decision-makers, students, and advocates to come together, compare findings, and discuss the science of the future. Keynote speakers include Angela Belcher, Ph.D., W.M. Keck Professor of Energy, MIT; U.S. Senator Chris Coons (D-DE); Frances Arnold, Ph.D., Dickinson Professor of Chemical Engineering, CalTech; and Deborah Mielewski,...
Part 3 of Biofuels Digest's "Thought Leadership" series highlighting some of the ways the Toxic Substances Control Act (TSCA) applies to biobased products was published May 18, 2015. Summaries of the first two "TSCA and the Bioeconomy" articles, written by Biobased and Renewable Products Advocacy Group (BRAG®) Senior Policy Advisor and former head of the U.S. Environmental Protection Agency's (EPA) Green Chemistry program, Richard E. Engler, Ph.D., were summarized...
On May 11, 2015, Senators Joe Manchin (D-WV) and Heidi Heitkamp (D-ND) introduced S. 1282 -- a bill to amend the Energy Policy Act of 2005 to require the Secretary of Energy to consider the objective of improving the conversion, use, and storage of carbon dioxide (CO2) produced from fossil fuels in carrying out research and development (R&D) programs under that Act. The bill represents a broad recognition of the importance of algae and other biobased carbon utilization platforms that can...
May 15, 2015
2015 BIO Rosalind Franklin Award Recipient Announced
2015 BIO Rosalind Franklin Award Recipient Announced On May 8, 2015, BIO announced that Dr. Jennifer Holgrem, CEO of LanzaTech, will receive the 2015 BIO Rosalind Franklin Award, honoring an outstanding woman in the field of industrial biotechnology. Dr. Holgrem has led LanzaTech to develop the first alternative jet fuel made from industrial waste gases and has defined the genetic blueprint of gas fermenting organisms and demonstrated that they can be engineered to produce novel, commercially...
May 15, 2015
Role Of Biomass Questioned For Clean Power Plan
In a May 8, 2015, letter, Senators Ed Markey (D-MA) and Elizabeth Warren (D-MA) requested that EPA reconsider its decision to treat biomass as having zero emissions under the proposed Clean Power Plan (Plan). The Senators point out "wood-burning power plants emit around 3,000 pounds of carbon dioxide per megawatt-hour," and would not assist in achieving the carbon reductions intended by the Plan. The letter also states: "The EPA should not approve biomass combustion as a...
The White House is reviewing EPA's proposed rules to set the 2014, 2015, and 2016 Renewable Fuel Standard (RFS) requirements. The proposals are not currently publicly available, but EPA has committed to propose them by June 1, 2015, and to promulgate the 2014 and 2015 rules by November 30, 2015. EPA is required by law to issue the following year's RFS requirements by November 30 of the previous year. The interagency review of the RFS rule is occurring amid complaints that delays in...
May 15, 2015
EPA Issues SNURs For Several Biobased Chemicals
On May 8, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule for 25 chemical substances that were the subject of premanufacture notices (PMN), including several biobased chemical substances. The rulemaking under Section 5, known as a significant new use rule or SNUR, requires persons who intend to manufacture (including import) or process any of these 25 chemical substances for an activity that is designated in the SNUR as a significant new use to notify EPA at least...
By Lynn L. Bergeson The American Sustainable Business Council (ASBC) and the Green Chemistry & Commerce Council (GC3) recently released a report that evaluates the potential business and economic value of “safer chemistry.” The report, Making the Business & Economic Case for Safer Chemistry, concludes that market growth, capital flows, and market demand show upward trajectories during the past five years. Large corporations, specifically including Dow,...
On May 8, 2015, the U.S. Environmental Protection Agency (EPA) promulgated through a direct final rule significant new use rules (SNUR) for 25 chemical substances that were the subject of premanufacture notices (PMN). The SNURs require persons who intend to manufacture (including import) or process any of these 25 chemical substances for an activity that is designated in the SNUR as a significant new use to notify EPA at least 90 days before commencing that activity. The required...
May 8, 2015
Parliament Finalizes EU Biofuels Reform Rule
On April 28, 2015, the European Parliament approved a draft law restricting crop-based biofuels in order to encourage production of advanced biofuels with low-risk ILUC and cut greenhouse gas (GHG) emissions. The law, that was discussed in the April 23, 2015, Biobased and Renewable Products Update, applies to legislation requiring EU Member States ensure that at least 10 percent of energy used in transport by 2020 is renewable. Under the new law, no more than 7 percent of energy consumption by...
On April 29, 2015, the Roundtable on Sustainable Biomaterials (RSB) released a draft standard titled "Low iLUC Risk Biomass Criteria and Compliance Indicators" that will allow producers to show that they generate biofuels crops with a low-risk of indirect land use change (ILUC). The standards take into account yield increase, unused or degraded land, use of waste or residues, and integrated sugarcane and cattle production. The RSB standard is intended to be used in conjunction with the...
Sofinnova Partners has announced an award for renewable chemistry start-up companies to be presented at the 2015 Bio World Congress on Industrial Biotechnology. The winner will be able to pitch its project at the conference. Companies must have revenue below $5 million and be active in renewable chemistry, industrial biotechnology, or renewable fuels in order to be eligible for the award. There will be an online vote for the top five companies, and an industry jury will select the winning...
The U.S. Department of Energy's (DOE) Biomass Research and Development Technical Advisory Committee published a notice in the April 30, 2015, Federal Register announcing an open meeting that will provide advice and guidance on promoting research and development leading to the production of biobased fuels and biobased products. The meeting will include updates on U.S. Department of Agriculture (USDA) and DOE biomass activities, updates on the Biomass Research and Development Initiative, an...
(BIO) released a new white paper on "Estimating Chilled Investment for Advanced Biofuels Due to RFS Uncertainty," along with an accompanying press release. BIO examined the impact of EPA's recent inability in administering the federal Renewable Fuel Standard (RFS) on investment in advanced and cellulosic biofuels. It has found that EPA's delay in issuing the final 2013 and 2014 RFS rules, among other delays in RFS administration, is responsible for most of the "$13.7 billion shortfall in...
Biofuels Digest is running a "Thought Leadership" series of articles highlighting some of the ways the Toxic Substances Control Act (TSCA) applies to biobased products. The articles, written by Biobased and Renewable Products Advocacy Group (BRAG®) Senior Policy Advisor and former head of the U.S. Environmental Protection Agency's (EPA) Green Chemistry program, Richard E. Engler, Ph.D., cover key points throughout the manufacturing and commercialization process at which...
Iowa Senate bill SF 350: the Renewable Chemical Production Tax Credit Program was introduced in March 2015, and is awaiting review in the Ways & Means Committee. If passed, the legislation will allow producers of renewable chemicals in Iowa to claim a five cent per pound tax credit, with a maximum credit of $1 million for businesses operating in Iowa for five years or less, and a maximum credit of $500,000 for businesses operating in Iowa for more than five years. Chemicals must have at...
On April 22, 2015, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack celebrated Earth Day by announcing that USDA "is providing more than $112 million in loans and grants to help rural communities build and upgrade their water and energy infrastructure systems." The funding for the energy infrastructure programs is provided through the Rural Energy for America Program (REAP), and funds a total of 25 renewable energy projects. The grants support government bodies, utilities,...
On April 24, 2015, EPA released a Federal Register notice inviting comment on analysis of the greenhouse gas (GHG) emissions produced during the production and transport of Brassica carinata (carinata) oil feedstock for use in the production of biofuels. The plant is not used for food in the U.S., and has high concentrations of erucic acid, making it attractive for use in biolubricants and biopolymers, as well as biofuels. EPA anticipates that biofuels produced using carinata oil will qualify as...
On April 23, 2015, a bi-partisan group of 37 Senators led by Chuck Grassley (R-IA), Amy Klobuchar (D-MN), Dick Durbin (D-IL), John Thune (R-SD), Al Franken (D-MN), and Mark Kirk (R-IL) sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy urging a strong final 2014 Renewable Fuel Standard (RFS). The full list of 37 co-signors and text of the letter is available on Senator Grassley's website. The Senators urge EPA to reconsider its proposed 2014 renewable...
On April 28, 2015, the U.S. Senate Committee on Environment and Public Works (EPW Committee) passed by a 15-5 vote a version of S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This action by the EPW Committee paves the way for consideration of S. 697 -- legislation to reform the Toxic Substances Control Act of 1976 (TSCA) -- by the full U.S. Senate. The authors of S. 697, Senators David Vitter (R-LA) and Tom Udall (D-NM), were able to secure the support of four...
? 3LB Media, "Arla Food Eko Brand Organic Milk Now in Tetra Rex® Bio-Based" ? Washington State University, "Researchers Use Plant Oils for Novel Bio-Based Plastics" ? The Hill, "Clinton Meets with Ethanol Representatives" ? The Hill, "Former Obama Advisor Suggests Changes to Ethanol Mandate" ? Business Wire, "NexSteppe Demonstrates Dedicated Biomass Crops at Commercial Scale" ? Phys.Org, "Tobacco Plants May Boost Biofuel and Biorefining...
On April 14, 2015, Members of the European Parliament and certain ministers agreed to limit how biofuels derived from agricultural crops would be accounted for in the European Union's (EU) goal to increase the use of renewable energy. The new law caps the use of first generation biofuels to seven percent of the total energy use being counted towards the EU's renewable energy goal of ten percent. Member States will have the opportunity to reduce the cap of crop-based biofuels at their...
April 23, 2015
Wood Innovations Grants Provide Funding For Biomass Projects
The U.S. Department of Agriculture (USDA), in partnership with the U.S. Forest Service, has announced the recipients of the 2015 Wood Innovations Grants. More than 40 projects were awarded over $9 million to expand and accelerate wood energy and wood product markets. The $9 million will leverage private investments from partners, resulting in a total of $31 million distributed to grant winners across 23 different states. The projects range from "Composting Forest Biomass to Reduce Hazardous...
April 23, 2015
EPA Seeks Comment On Proposed RFS Deadlines
As referenced in last week's Biobased and Renewable Products Update, EPA published a Proposed Consent Decree along with a request for comment in response to the Clean Air Act (CAA) lawsuit filed by the American Fuel & Petrochemical Manufacturers (AFPM) and the American Petroleum Institute (API). The decree will establish deadlines for EPA to propose and issue in final the 2015 RFS. Comments are being accepted until May 20, 2015.
On April 21, 2015, the U.S. Department of Energy (DOE) released the initial installment of its Quadrennial Energy Review (QER). This first installment focuses on ways to modernize the U.S. energy infrastructure to increase the country's energy competitiveness and security. In its QER, DOE points out that while U.S. biofuel production has increased significantly over the past decade -- due largely to the federal Renewable Fuel Standard (RFS) --"[c]ontinued growth in ethanol use will...
April 16, 2015
Elevance Wins 2015 New Energy Pioneer Award
Biobased and Renewable Products Advocacy Group (BRAG®) member Elevance Renewable Sciences, Inc. (Elevance) was named a 2015 New Energy Pioneer award winner by Bloomberg New Energy Finance on April 13, 2015. Elevance CEO K'Lynne Johnson accepted the award on behalf of the company. Bloomberg New Energy Finance recognized Elevance and nine other companies as revolutionizing the energy sector in potential scale, innovation, and momentum. Elevance's recent introductions include the...
April 16, 2015
Ohio Cuts Alternative Fuel Mandate In Transportation Budget
On April 1, 2015, the Governor of Ohio, John Kasich (R), signed the 2016-2017 Transportation Budget Bill (Sub. H.B. 53). The state transportation budget does not include a requirement on alternative fuel use in the state vehicle fleet, a requirement that had been in place since 2006. Ohio Department of Transportation's Matt Bruning stated that the requirement mandated the state increase the amount of alternative fuels each year with no cap in place, resulting in higher costs for the state,...
On April 9, 2015, the Pentagon released the Rocky Mountain/West Coast/Offshore Bulk Fuels Annual Buy (RMW) solicitation for biofuels on the FedBizOpps website. This purchase program supports the goal set by the Secretary of the Navy to have half of the Department of the Navy's energy come from alternative sources by 2020. Funding to defray additional biofuel costs for the RMW program is provided by the U.S. Department of Agriculture through the Commodity Credit Corporation. Vendors can...
April 16, 2015
House Subcommittee Hearing On TSCA Modernization Act
On April 14, 2015, the U.S. House of Representatives' Energy & Commerce Committee's Subcommittee on Environment and the Economy held a hearing on the TSCA Modernization Act of 2015 discussion draft (TMA-DD). An analysis of the April 7, 2015, TMA-DD is available on the Bergeson & Campbell, P.C. (B&C®) website. The April 14, 2015, witnesses' testimonies are posted on the Energy & Commerce Committee website.
April 16, 2015
EPA Announces Timeline For Renewable Fuel Standards
On April 10, 2015, the U.S. Environmental Protection Agency (EPA) lodged with the U.S. District Court for the District of Columbia a proposed consent decree to resolve litigation challenging the delay in issuing Renewable Fuel Standards (RFS) for 2014 and 2015 brought by the American Petroleum Institute (API) and the American Fuel & Petrochemical Manufacturers (AFPM) against EPA. The consent decree would establish EPA's schedule for issuing a RFS for 2014 and 2015. In its filing, EPA stated that...
On April 3, 2015, the California Air Resources Board (CARB) held a Public Workshop to discuss updates to the California-Modified Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (CA-GREET) Model, version 2.0, under the Low Carbon Fuel Standard (LCFS). The update includes improved formulas to calculate Indirect Land Use Change (ILUC), and an updated model for calculating lifecycle Carbon Intensity (CI) values that is based on Argonne National Laboratory's GREET model....
On March 26, 2015, Senators Rand Paul (R-KY) and Chuck Grassley (R-IA) introduced S. 899, the Fuel Choice and Deregulation Act of 2015, a bill to provide regulatory relief to alternative fuel producers and consumers. The bill would require EPA to provide a volatility waiver to E15, allowing the higher ethanol blend to be sold year round. Fuels have volatility limits in the summer to prevent excess evaporation that results in smog. Some areas cannot obtain the lower-volatility gas that would be...
On March 26, 2015, Representative Todd Young (R-IN) introduced H.R. 1665, the Alternative Fuel Tax Parity Act, to amend the Internal Revenue Code of 1986 to equalize the excise tax on liquefied natural gas (LNG) and liquefied petroleum gas (propane). This legislation would attach federal tax parities for LNG and propane to the Alternative Fuel Tax Credit (AFTC) that currently covers alternative fuel mixtures, alcohol fuel, and biodiesel. The AFTC has expired and is awaiting renewal. If H.R. 1665...
On April 7, 2015, the U.S. House of Representatives' Committee on Energy and Commerce announced that the Subcommittee on Environment and the Economy will hold a legislative hearing on a new discussion draft of the TSCA [Toxic Substances Control Act] Modernization Act, released by Committee Chair John Shimkus (R-IL) the same day -- April 7, 2015. The hearing is scheduled for Tuesday, April 14, 2015, at 10:15 a.m. (EDT) in Room 2322 of the Rayburn House Office Building. U.S. Environmental...
On March 26, 2015, a group of ethanol and agricultural groups sent a letter (the industry letter) to the U.S. House of Representatives Appropriations Committee's Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies to express their strong opposition to including certain language harmful to the ethanol industry in the Fiscal Year 2016 Agriculture, Rural Development, U.S. Food and Drug Administration (FDA) and Related Programs Appropriations bill....
On March 25, 2015, EPA announced the direct final rule, Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard Regulations, that would result in cellulosic waiver credit prices being posted on the EPA website rather than as a result of the rulemaking process. This would allow the credit prices to be announced as soon as the needed data for the wholesale price of gasoline is available, which would provide more certainty to the...
On March 30, 2015, the National Biodiesel Board (NBB) submitted a petition to EPA seeking reconsideration and a request for stay of EPA's approval of the Argentinian Camara Argentina de Biocombustibles (CARBIO) Alternative Biomass Tracking Program. According to the NBB press release, EPA failed to provide an opportunity for public comment on the EPA decision and a lack of transparency as to how the Argentinian biodiesel producers will demonstrate compliance with the Renewable Fuel Standard...
On March 30, 2015, the U.S. Environmental Protection Agency (EPA) withdrew a Direct Final Rule for Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data. The direct final rule, issued in January 2015, would have exempted manufacturers of six biobased diesel chemicals from reporting processing and use information for the compounds under the Chemical Data Reporting (CDR) rule. It resulted from a regulatory petition filed by the Biobased and Renewable Advocacy...
On March 26, 2015, Mr. David Saltman, Chairman of Biobased and Renewable Products Advocacy Group (BRAG®) member company Malama Composites, spoke at NPE2015: The International Plastics Showcase on "Designing the Future: How Materials Can Change the World."
March 27, 2015
Legislation Introduced In Senate To Phase Out RFS
On March 18, 2015, Senator Ted Cruz (R-TX) introduced S. 791, "The American Energy Renaissance Act of 2015." Representative Jim Bridenstine (R-OK) introduced companion legislation, H.R. 1487. The legislation would phase out the Renewable Fuel Standard (RFS), approve the Keystone XL pipeline, open Alaska's Arctic National Wildlife Refuge for oil and gas exploration, and stop EPA from regulating GHG emissions. Under the bill, the RFS would start to be phased out in 2016 with a 20 percent reduction...
March 27, 2015
Pennycress Oil Notice Published In The Federal Register
On March 20, 2015, the Notice of Opportunity to Comment on an Analysis of the Greenhouse Gas Emissions Attributable to Production and Transport of Pennycress (Thlaspi Arvense) Oil for Use in Biofuel Production that was discussed in the March 19, 2015, Biobased and Renewable Products Update was published in the Federal Register. The docket number is EPA-HQ-OAR-2015-0091 and comments on the notice close on April 20, 2015.
March 27, 2015
EPA Requests Information On Cellulosic Biofuels And E15
EPA is accepting public comments through May 26, 2015, on two proposed information collection requests (ICR) published in the Federal Register on Tuesday, March 24, 2015. The proposed ICRs concern projected cellulosic biofuels volumes and gasoline containing greater than 10 volume percent ethanol up to 15 volume percent ethanol (E15). Comments received will assist EPA as the agency prepares to submit the final ICRs to the Office of Management and Budget (OMB) for its official approval and...
On March 19, 2015, the White House published an Executive Order signed by President Obama that would further a preference for U.S. Department of Agriculture (USDA) BioPreferred products. Planning for Federal Sustainability in the Next Decade sets new greenhouse gas (GHG) emission targets for federal agencies to reach by 2025 and increases renewable energy use and building efficiency, while reducing fleet emissions in the federal government. The new targets would reduce total GHG emissions by 26...
March 27, 2015
Senate EPW Committee Holds Hearing On TSCA Reform Bill
On March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). Supporters of S. 697 maintain that it significantly improves the Toxic Substances Control Act (TSCA) by providing more authority and funding to the U.S. Environmental Protection Agency (EPA) to regulate new and existing chemicals. Critics of the bill argue that while the perfect may be the enemy of the good, S. 697 is not...
DOE's Bioenergy Technologies Office (BETO) and the Clean Energy Research and Educational Foundation (CEREF) are co-hosting Bioenergy 2015: Opportunities in a Changing Energy Landscape, scheduled for June 23-24, 2015, at the Walter E. Washington Convention Center in Washington, D.C. This year's conference will focus on opportunities and challenges in our current highly dynamic energy ecosystem.
The Bioeconomy Coalition of Minnesota is advocating strongly for two bills in the state that if passed would result in a two-year, $5 million production incentive for producers, and a capital loan equipment program. The bills, HF 536 and SF 517, would benefit companies that develop biochemicals, advanced biofuels, and anaerobic digestion projects. There is concern, however, that the legislation would increase the production of corn rather than encourage the production of crops that do not...