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Last week, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack spoke at a biofuel industry conference and addressed concerns raised over the likelihood that the final 2014 Renewable Fuel Standard (RFS) rule would include renewable volume obligations (RVO) for total renewable fuel at levels below those included for 2014 under the statute. Generally, total renewable RVOs are comprised of corn-starch ethanol. Secretary Vilsack projected a positive spin on this likelihood, reportedly telling...

Inside EPA reports that the U.S. Environmental Protection Agency (EPA) will take at least 12 more months before a proposed ruling for the 2015 Renewable Fuel Standard (RFS) can be released. This pushes "issuance of a final version toward the end of the 2015 compliance year," while also violating the statutory mandate that EPA has to "issue the annual RFS targets before the compliance year begins." EPA did not meet that schedule in 2014 either, as the RFS is yet to be released...

As previously reported, the U.S. Environmental Protection Agency (EPA) sent the final 2014 Renewable Fuel Standard (RFS) rule to the Office of Management and Budget (OMB) on August 22, 2014. Some sides speculate that OMB will need considerable time to review the final action, especially given the 340,000+ comments submitted to EPA in response to the proposal. Others, however, suggest that OMB will forego its allotted 90-day review period and issue the rule in late September or early October....

On August 22, 2014, the U.S. Environmental Protection Agency (EPA) sent the final 2014 Renewable Fuel Standard (RFS) rule to the Office of Management and Budget (OMB) for its review and formal publication in the Federal Register. This much anticipated review is the last step before public release. Nearly nine months behind schedule currently, it is unclear whether OMB will move quickly to release and publish the rule. Typically, OMB can take anywhere between 30 to 90 days to review a proposal,...

In an August 11, 2014, filing with the U.S. Securities and Exchange Commission, cellulosic biofuel company KiOR, Inc. (KiOR) reported that without any new financial commitments, the Company only has enough funding to operate through September 2014. This announcement is significant for the biofuels industry, as EPA had relied on KiOR's projected volumes of available cellulosic biofuels to make up a significant part of the 2013 cellulosic renewable volume obligations (RVO) under the federal...

The Energy Biosciences Institute at the University of Illinois recently helped fund two research projects that provide recommendations to prevent invasive species from being planted as new crops and used for bioenergy production. The two studies are: (1) "Resolving Regulatory Uncertainty: Legislative Language for Potentially Invasive Bioenergy Feedstocks"; and (2) "Bioenergy Feedstocks at Low Risk for Invasion in the U.S.: A 'White List' Approach." The first study...

On July 31, 2014, EPA again extended the 2013 Renewable Fuel Standard (RFS) annual compliance reporting and attest engagement reporting deadlines for obligated parties under the law. The Agency issued a direct final rule extending the deadlines to 30 and 90 days, respectively, after the final 2014 RFS rule is published in the Federal Register. EPA simultaneously issued a rule proposing the new deadlines on which the public may comment. The new deadlines will become effective September 29, 2014,...

Reportedly, U.S. House Energy and Commerce Committee Chair Fred Upton (R-MI) plans to introduce a bill to modify the federal Renewable Fuel Standard (RFS). The bill is expected to be introduced soon after EPA releases its final rule setting the final 2014 RFS volume requirements for obligated parties under the law. Just this week the Administration has made public statements to suggest that the final 2014 rule will increase volume requirements from the proposed version published last fall....

On July 15, 2014, Inside EPA reported that "the White House is examining options for reversing EPA's proposed cuts to several renewable fuel standard (RFS) production targets in order to promote biofuels that create fewer greenhouse gases (GHGs) than conventional fuels, informed sources say, as part of the Obama administration's broader efforts to combat climate change." The article also quotes sources stating: "[F]igures under discussion between administration officials...

On July 2, 2014, EPA released a signed, pre-published version of its final rule for "Renewable Fuel Standard (RFS) Pathways II and Modifications to the RFS Program, Ultra Low Sulfur Diesel Requirements, and E15 Misfueling Mitigation Requirements." Under the rule, EPA qualifies certain additional fuel pathways that the Agency has determined meet the lifecycle greenhouse gas reduction requirements for cellulosic biofuel under the RFS. The final rule also provides guidance regarding the...