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The U.S. Environmental Protection Agency (EPA) will host a public webinar on April 4, 2024, to discuss the implementation of the Biogas Regulatory Reform Rule (BRRR) provisions promulgated as part of the Renewable Fuel Standard (RFS) final rule for 2023-2025 (the “Set Rule”). 89 Fed. Reg. 15988. EPA states that these regulatory provisions include registration and reporting and updated regulatory provisions for the production, distribution, and use of biogas as a renewable fuel. During the...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) and Office of Fossil Energy and Carbon Management (FECM) announced on February 13, 2024, their intent to issue funding to support research and development (R&D) projects for converting algae and other wet waste feedstocks to low-carbon fuels, chemicals, and agricultural products. DOE states that the intended Mixed Algae Conversion Research Opportunity (MACRO) funding would address gaps in the use of carbon dioxide...

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE) announced on February 22, 2024, the release of a Funding Opportunity Announcement (FOA), “Inflation Reduction Act Funding for Advanced Biofuels,” for up to $9.4 million for the development of advanced biofuels. According to EPA, the funding will support “high-impact biofuel technology projects to improve the performance and reduce the cost of biofuel production technologies, scale up production systems...

On December 14, 2023, the Treasury Department and the Internal Revenue Service (IRS) issued Notice 2024-06 for the new Sustainable Aviation Fuel (SAF) credit created by the Inflation Reduction Act of 2022 (IRA). According to the IRS’s December 15, 2023, press release, the SAF credit applies to a qualified fuel mixture containing SAF for certain sales or uses in calendar years 2023 and 2024. The SAF credit is $1.25 for each gallon of SAF in a qualified mixture. The IRS states that to qualify...

On November 14, 2023, Representatives Nikki Budzinski (D-IL) and Zach Nunn (R-IA) introduced bipartisan legislation that would increase biofuel production and reduce energy costs. The Agricultural Biorefinery Innovation and Opportunity (Ag BIO) Act (H.R. 6413) would increase funding for grants to support innovation in the biofuels and bioproducts industry. The U.S. Department of Agriculture’s (USDA) Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance program offers...

The U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced on September 12, 2023, that it awarded $18.6 million in funding for eight university and industry projects to develop biomass feedstocks to produce affordable biofuels and bioproducts that reduce greenhouse gas (GHG) emissions. According to BETO, the projects “will create good-paying jobs, support rural economies, and encourage participation of underserved communities, all while putting the United States on a...

On July 12, 2023, the U.S. Environmental Protection Agency (EPA) published a final rule establishing the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel (BBD), advanced biofuel, and total renewable fuel. 88 Fed. Reg. 44468. The final rule also establishes the second supplemental standard addressing the judicial remand of the 2016 standard-setting rulemaking. Finally, according to EPA, the rule makes several regulatory changes to...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Agriculture announced on June 26, 2023, that it plans to invest up to $500 million from President Biden’s Inflation Reduction Act to increase the availability of domestic biofuels and “give Americans additional cleaner fuel options at the pump.” USDA notes that in December 2022, it made available $50 million in Inflation Reduction Act funding to expand the use and availability of higher-blend biofuels through...

By Lynn L. Bergeson and Carla N. Hutton   On June 21, 2023, the U.S. Environmental Protection Agency (EPA) announced a final rule under the Renewable Fuel Standard (RFS) program that will establish the biofuel volume requirements from 2023 to 2025. According to EPA, the final rule “builds on the RFS program’s progress over the previous two years and reflects the Biden-Harris Administration’s commitment to strengthen the nation’s energy independence, advance...

The U.S. Environmental Protection Agency (EPA) announced on June 15, 2023, that it will issue proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 18 chemicals made from plastic waste-derived feedstocks. According to EPA, the proposed SNURs would require notification to and review by EPA before these fuels could be made using plastic waste-derived feedstocks that contain impurities like per- and polyfluoroalkyl substances (PFAS), heavy metals, dioxins,...