All Knowledge & Insights By Date

By Lauren M. Graham, Ph.D. On August 31, 2017, the U.S. Environmental Protection Agency (EPA) announced that requirements for reformulated gasoline and low volatility gasoline would be waived through September 15, 2017, for Alabama, Florida, Georgia, Kentucky, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, Texas, Louisiana, and the District of Columbia.  EPA exercised its emergency fuel waiver authority to help ensure an adequate supply of fuel...

By Lauren M. Graham, Ph.D. In a paper forthcoming in the American Journal of Agricultural Economics, Iowa State researchers demonstrate that their tractable multi-market equilibrium model designed to evaluate alternative biofuel policies confirms that the current RFS program benefits the agriculture sector, and leads to overall welfare gains for the U.S.  The model considers biodiesel and ethanol markets and is simulated to analyze alternative scenarios, including the repeal of all RFS...

By Lauren M. Graham, Ph.D. On August 15, 2017, the U.S. Court of Appeals for the Tenth Circuit ruled two to one that the U.S. Environmental Protection Agency (EPA) exceeded its statutory authority under the Clean Air Act (CAA) when it denied Sinclair Oil Corporation’s request for a hardship exemption from the Renewable Fuel Standard (RFS) program.  The statute requires that EPA grant exemptions on a case-by-case basis to small refiners that would suffer a “disproportionate...

By Lauren M. Graham, Ph.D. On August 1, 2017, the U.S. Environmental Protection Agency (EPA) held a public hearing to hear from all segments of the fuel industry on the proposed rule to set the 2018 renewable volume obligations (RVO) under the Renewable Fuel Standard (RFS) program.  Among the nearly 150 individuals and organizations scheduled to testify at the hearing were numerous biofuel industry stakeholders who praised EPA for issuing the proposed rule on time and...

By Kathleen M. Roberts On July 18, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its proposed rule on the Renewable Fuel Standard (RFS) Program:  Standards for 2018 and Biomass-Based Diesel Volume for 2019.  The rulemaking proposes the annual percentage standards for cellulosic biofuel, advanced biofuel, and total renewable fuel for motor vehicle gasoline and diesel produced or imported in 2018, as well as biomass-based diesel in 2019, as...

By Kathleen M. Roberts The U.S. Environmental Protection Agency (EPA) will hold a public hearing on the Renewable Fuel Standard [RFS] Program: Standards for 2018 and Biomass-Based Diesel Volume for 2019 proposed rule.  The hearing will take place at 9:00 a.m. on August 1, 2017, and will provide an opportunity for EPA to gather data, views, and arguments on the proposed rulemaking from interested stakeholders.  While EPA does not plan to respond to presentations, the Agency...

By Kathleen M. Roberts On July 5, 2017, the U.S. Environmental Protection Agency (EPA) issued proposed volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2018, as well as biomass-based diesel for 2019.  The proposal lowers the blending requirement for all renewable fuel with the exception of biomass-based diesel, which maintains the 2017 blending requirement.  The proposed volume requirements...

Senator Whitehouse, “Senators Call On Pruitt To Explain Icahn’s Role In Shaping RFS” Governor Ige, “Hawai‘i Becomes First State To Enact Law That Aligns With Paris Agreement” Biofuels International, “MEP Calls For Sweeping Changes To EU Biofuel And Bioenergy Legislation” University of Minnesota, “U Of M Helps Startup Resynergi Create Energy From Plastic Waste And Biomass"...

By Kathleen M. Roberts On June 2, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), released a statement in response to the decision by President Trump to withdraw the U.S from the Paris Agreement.  According to Neste, the U.S. withdrawal is “unfortunate” and “a saddening turn for the international battle against climate change.”  The decision, however, will not signal the downfall of the Agreement, which has been...

By Lauren M. Graham, Ph.D. On April 24, 2017, U.S. Department of Justice (DOJ) attorneys representing the U.S. Environmental Protection Agency (EPA) and the renewable fuels and petroleum industries presented oral arguments before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit regarding the petition to review the renewable volume obligations (RVO) for 2014-2016.  The petition, which was filed on January 8, 2016, by seven biofuel and agricultural groups, challenged...

?  Renewable Fuels Association, “Veterans Encourage President to Include Ethanol, RFS in Energy Plan”   ?   Commonwealth of Pennsylvania, “State Ag Department Greenlights 16 Promising Industrial Hemp Research Projects”   ?  Brookhaven National Laboratory, “Study IDs Link between Sugar Signaling and Regulation of Oil Production in Plants”   ?  University of Manchester, “Bioenergy Gets Graphic with New Illustrated...

On March 21, 2017, the renewable fuel volume requirements for 2017, which were issued in final by EPA on December 12, 2016, were implemented.  The effective date for the 2017 requirements was delayed following the Presidential directive to postpone the implementation of new regulations to allow for review by the new administration.  Although EPA has yet to publish an announcement on the matter, industry stakeholders have welcomed the 2017 biofuel volumes and 2018 biomass-based diesel...

On March 16, 2017, 23 Senators, including Senator Chuck Grassley (R-IA) and Senator Amy Klobuchar (D-MN), sent President Trump a bipartisan letter requesting that he maintain the point of obligation under the Renewable Fuel Standard (RFS) program.  In the letter, the Senators remind Trump that the RFS program was adopted to provide stability for renewable fuel producers and that the U.S. Environmental Protection Agency (EPA) determined that, to meet this goal, the point of obligation...

On March 13, 2017, the South Dakota Farmers Union announced that the National Farmers Union had passed a resolution calling for the U.S. Environmental Protection Agency (EPA) to open the market to higher blends of ethanol during its annual meeting in San Diego.  The resolution, which was brought forward by the South Dakota Farmers Union delegation, promotes the use of higher blended fuels, such as E30, as a way to expand the retail fuels infrastructure...

On March 2, 2017, Congressman Bob Goodlatte (R-VA) reintroduced the Renewable Fuel Standard (RFS) Reform Act, which aims to guide the debate and reform of the ethanol mandate.  According to Goodlatte, the RFS program failed to lower prices at the pump and resulted in unintended and profound effects on consumers, energy producers, livestock producers, retailers, and the environment.  The RFS Reform Act, which had 42 bipartisan cosponsors, would eliminate corn-based ethanol requirements,...

?  Fuels America, “America’s Biofuel Advocates Reject Effort to Derail Renewable Fuel Standard”   ?   The Hill, “House GOP to Prioritize Ethanol, Pipeline Legislation”   ? Premier Jay Wetherill, “State Government to Support Legalisation of Industrial Hemp”   ? Oil Price, “Biofuels May be the Future of the Aviation Industry”   ? Princeton University, “Schmidt Fund Awards Go to Projects with...

On February 22, 2017, the American Petroleum Institute (API) announced plans to submit comments to EPA in support of its proposal to deny petitions requesting EPA initiate a rulemaking process to change the point of obligation for compliance under the RFS program.  During the press call, Frank Macchiarola, the Group Director of Downstream and Industry Operations at API, stated that changing the point of obligation would create significant uncertainty and complications in the RFS program...

On February 23, 2017, the Sierra Club filed a notice of intent to sue EPA for failure to conduct the required environmental impact analysis on the RFS program.  The notice states that EPA failed to assess and report to Congress on the environmental and resource conservation impacts of the RFS program and failed to complete the required anti-backsliding study to determine whether the renewable fuel volumes adversely impacted air quality.  According to the notice, EPA...

On February 21, 2017, President Trump sent a letter to the attendees of the National Ethanol Conference to reiterate his commitment to ethanol and the Renewable Fuel Standard (RFS).  The letter states that Trump and his Administration value the importance of renewable fuels to the nation’s energy strategy and economy.  In the letter, Trump reaffirmed his commitment to working with the Renewable Fuels Association (RFA) and others to reform regulations that impede growth, increase...

On February 16, 2017, a coalition of Iowa farmers, renewable fuel producers, and retailers urged Scott Pruitt, just prior to his being confirmed as the U.S. Environmental Protection Agency (EPA) Administrator, to protect the Renewable Fuel Standard (RFS) by rejecting the petition to change the program’s point of obligation.  The coalition, which includes the Iowa Renewable Fuels Association (IRFA), the Iowa Corn Growers Association (ICGA), Petroleum Marketers and Convenience Stores of...

On February 13, 2017, seven democratic Senators sent a letter to White House Counsel Don McGahn requesting details on Carl Icahn’s role in the Trump Administration and the extent of his influence over the Renewable Fuel Standard (RFS) program.  On December 21, 2016, it was announced that Mr. Icahn would serve the Trump Administration as a special advisor for overhauling federal regulations.  The Senators’ letter highlights concerns over Icahn’s public statements...

On January 31, 2017, two bills were introduced in the U.S. Congress that propose to reform the Renewable Fuel Standard (RFS) and the national biofuels mandate.  The first bill would require the National Academy of Sciences (NAS) to assess the performance, safety, and environmental impact of mid-level ethanol, and the implications of the use of mid-level ethanol blends compared to gasoline blends containing ten percent or less ethanol.  The second bill would reduce the U.S....

On January 11, 2017, the Government of Ontario released a discussion paper titled “Developing a Modern Renewable Fuel Standard For Gasoline in Ontario,” which provides context for the new RFS requirements.  The discussion paper explains that Ontario aims to keep the following considerations in mind when designing the RFS policy: ?   Ensure a level playing field for fuels, regardless of technology or origin;   ?   Set ambitious but achievable goals;     ?...

On January 18, 2017, Christopher Grundler, the Director of the Office of Transportation and Air Quality for the U.S. Environmental Protection Agency (EPA), signed a notice inviting comment on its analysis of the upstream greenhouse gas (GHG) emissions from the production of sugar beets for use as biofuel feedstock.  The notice describes the analysis performed, which considers the extraction of non-cellulosic beet sugar for conversion to biofuel and the use of the remaining beet pulp...

On January 26, 2017, EPA published a final rule delaying the effective date of 30 EPA regulations, including the RFS Program:  Standards for 2017 and Biomass-Based Diesel Volume for 2018 final rule.  The rulemaking follows the Presidential directive to postpone for sixty days the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect to give the President’s appointees or designees the opportunity for further review...

On January 17, 2017, the U.S. Environmental Protection Agency (EPA) wrote to the American Petrochemical and Fuel Manufacturers (AFPM) denying its petition for partial supplemental waiver of the 2016 cellulosic biofuel standard under the Renewable Fuel Standard (RFS).  The letter was sent in response to AFPM’s December 28, 2016, petition for a supplemental waiver on the basis of an inadequate domestic supply of cellulosic biofuel, as reported in the Biobased and Renewable Products...

On January 4, 2017, EPA issued a notice of intent to revoke Genscape’s ability to verify Renewable Identification Numbers (RIN) as a third party auditor under the Renewable Fuel Standard (RFS) Quality Assurance Program (QAP).  According to the notice, Genscape failed to meet all elements of its Quality Assurance Plan and verified approximately 68 million fraudulently-generated RINs.  To replace invalid RINs, Genscape is required to retire RINs within 60 days.  Obligated...

Last week, the U.S. Environmental Protection Agency (EPA) published two announcements in the Federal Register regarding an extension of the comment period for the proposed Renewables Enhancement and Growth Support (REGS) rule and the proposed denial of petitions for the rulemaking to change the Renewable Fuel Standard (RFS) Point of Obligation.   On December 9, 2016, ten biodiesel and agricultural industry stakeholders, including the Renewable Fuels Association, Growth Energy, American...

On December 15, 2016,  Fuels America sent a letter to President-elect Donald Trump on behalf of the nation's renewable fuels sector encouraging Trump’s continued commitment to the Renewable Fuel Standard (RFS) Program.  Fuels America stated that the RFS Program has promoted the growth of the American biofuels industry and has helped to correct the imbalance that exists in the global oil market by ensuring competition among fuel producers, in addition to stimulating economic...

On December 12, 2016, the U.S. Environmental Protection Agency (EPA) published a final rule, Renewable Fuel Standard Program:  Standards for 2017 and Biomass-Based Diesel Volume for 2018, in the Federal Register.  This final rule sets the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel for motor vehicle gasoline and diesel produced or imported in 2017, as reported in the Biobased and Renewable Products Advocacy...

On December 1, 2016, the Government Accountability Office (GAO) testified at a hearing before the U.S. Senate Subcommittee on Regulatory Affairs and Federal Management, Committee on Homeland Security and Governmental Affairs regarding the feasibility of the Renewable Fuel Standard (RFS) program .  GAO stated that the goals of the program, to reduce greenhouse gas (GHG) emissions and expand the nation’s renewable fuels sector, were unlikely to be met as envisioned due to the limited...

On November 23, 2016, EPA Administrator, Gina McCarthy, signed the final rule on the RFS volume standards for 2017 and biobased diesel standards for 2018. This final rule will increase the renewable fuel volume requirements as reported in the Biobased and Renewable Products Advocacy Group (BRAG®) post “EPA Releases Proposed Renewable Fuel Volume Requirements.”  The proposed volume requirements are:   ?   Cellulosic biofuel, from 230 million gallons in 2016 to 311...

On November 22, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register of an opportunity to comment on petitions requesting EPA initiate a rulemaking process to reconsider its regulations that impose the obligation for compliance with the Renewable Fuel Standard (RFS) annual standards on gasoline and diesel fuel refiners and importers, as well as on EPA’s proposed denial of the petitions. As the notice states, EPA is looking for petitioners...

On October 27, 2016, EPA approved an Efficient Producer petition submitted by Redfield Energy, LLC (Redfield Energy) granting “a pathway for the generation of renewable fuel (D-code 6) Renewable Identification Numbers (RINs) under the Renewable Fuel Standard (RFS) program for the production of non-grandfathered ethanol” produced by dry milling.  The Efficient Producer petition process is designed to accelerate the registration process for starch and grain sorghum ethanol...

On November 10, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register for a public hearing for the proposed “Renewables Enhancement and Growth Support Rule.”  The proposed rule, available on EPA’s website, was signed by EPA’s Administrator on October 3, 2016, but has not yet been published in the Federal Register.  This proposed rule will enhance the renewable fuel standard (RFS) program as well as other fuel regulations to...

On October 19, 2016, EPA delivered the proposed Renewable Fuel Standard (RFS) volume standards for 2017 and biobased diesel standards for 2018 via proposed rule to the White House Office of Management and Budget (OMB).  This proposed rule will increase the renewable fuel volume requirements as reported in the Biobased and Renewable Products Advocacy Group (BRAG®) post “EPA Releases Proposed Renewable Fuel Volume Requirements.”  The proposed volume requirements are:...

On August 18, 2016, the U.S. Environmental Protection Agency's (EPA) Office of Inspector General (OIG) released a report stating that EPA has not complied with federal requirements to study the effects of the Renewable Fuel Standard (RFS). The report, "EPA Has Not Met Certain Statutory Requirements to Identify Environmental Impacts of Renewable Fuel Standard," found that while EPA is required to provide a report to Congress every three years on the impact of biofuels, there...

On May 25, 2016, the U.S. Environmental Protection Agency (EPA) announced a public hearing for the proposed rule "Renewable Fuel Standard Program: Standards for 2017 and Biomass-Based Diesel Volume for 2018." A pre-publication version of the proposed rule is available now, with the proposed rule being published separately in the Federal Register under Docket ID No. EPA-HQ-OAR-2016-0004. The proposed volumes include slight increases in all categories from the 2016 volumes, but still...

On May 18, 2016, the U.S. Environmental Protection Agency (EPA) announced a proposed increase of the renewable fuel volume requirements under the Renewable Fuel Standard (RFS) program for all biofuels in 2017 and biomass-based diesel in 2018. While both the renewable fuel volume requirements and the proposed percentage standards are increases from previous years, the volume requirements for cellulosic biofuel, advance biofuel, and renewable fuel still fall short of the volumes proposed for 2017...

On April 22, 2016, EPA published Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel Standards as a final rule in the Federal Register. This final action amends the RFS Quality Assurance Program (QAP) rule to exempt downstream end users of renewable fuels from product transfer document (PTD) requirements. EPA originally added the PTD requirements to the QAP rule, requiring parties taking ownership of renewable fuel to use the fuel for transportation — parties...

On April 15, 2016, the U.S. Environmental Protection Agency (EPA) sent its newly proposed Renewable Fuel Standard (RFS) volumes for 2017 and 2018 to the U.S. Office of Management and Budget (OMB) for review. Under the Clean Air Act (CAA), EPA must set standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel by November 30 of the year before the standard is set for, and 14 months before the year that the...

On December 14, 2015, the U.S. Environmental Protection Agency (EPA) published the Renewable Fuel Standard (RFS) Program: Standards for 2014, 2015, and 2016 and Biomass-Based Diesel Volume for 2017 in the Federal Register. The final rule will become effective on February 12, 2016, and establishes annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel for motor vehicle gasoline and diesel produced or imported in the years 2014, 2015,...

On October 30, 2015, the U.S. Environmental Protection Agency (EPA) submitted a draft final rule for review to the White House Office of Management and Budget (OMB) that would reduce the amount of biofuels that must be blended into the fuel supply in 2014, 2015, and 2016 from statutory requirements, as reported by Bloomberg BNA's Daily Environment Report on November 3, 2015. Details of the proposal are not public. EPA is working toward a November...

In a settlement with the American Fuel & Petrochemical Manufacturers (AFPM) and the American Petroleum Institute (API), the U.S. Environmental Protection Agency (EPA) agreed to set renewable fuel obligations for calendar years 2014 and 2015 by November 30, 2015, under the Renewable Fuel Standard (RFS).  The RFS requires annual increases in the amount of renewable fuel that must be blended into the total volume of gasoline refined and consumed in the U.S.  A current TV...

In a memorandum dated October 15, 2015, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) stated that it plans to begin preliminary research on the lifecycle impacts of EPA’s renewable fuel standard (RFS).  The stated objectives from the memorandum are to determine whether EPA:  (1) complied with the reporting requirements of laws authorizing the RFS; and (2) updated the lifecycle analysis supporting the RFS with findings from the...

On September 16, 2015, 23 biofuel executives sent a letter to President Obama regarding the U.S. Environmental Protection Agency's (EPA) Renewable Fuel Standard (RFS) volume requirement proposal. The revised RFS allows companies to challenge the distribution requirement of renewable fuel, potentially resulting in RFS requirements being waived on a year-to-year basis. The letter outlines the concern that the proposed RFS disincentivizes oil companies to blend renewable fuels into gasoline,...

On September 15, 2015, the head of the EPA, Gina McCarthy, spoke at the Growth Energy Advocacy Conference about the need of the upcoming RFS rule to encourage long-term investment in advanced biofuels to successfully grow capacity. McCarthy went on to say that the November 30, 2015, deadline is a priority for her to have the RFS rule finished to improve investment conditions for biofuels. She considers the RFS to be one of the best...

On August 11, 2015, the U.S. Energy Information Administration (EIA) released the Short Term Energy Outlook (STEO) report. The report outlined expectations for regular gasoline to average a retail price of $2.41 for all of 2015, with prices for the fourth quarter of 2015 averaging $2.11. Consistently low gasoline prices, in addition to the proposed Renewable Fuel Standard volumes that were announced on May 29, 2015, have resulted in the EIA forecasting that ethanol consumption...

On June 4, 2015, EPA published a notice in the Federal Register for a Public Hearing on the 2014, 2015, and 2016 Standards for the Renewable Fuel Standard (RFS) program. As part of the hearing, EPA will consider amendments to the annual percentage standards for cellulosic biofuel, biodiesel, and advanced biofuels that are added to fuel produced in the U.S. or imported for 2014, 2015, and 2016, and will consider amendments to the proposed biodiesel...

The U.S. Environmental Protection Agency (EPA) has proposed the volume requirements and associated percentage standards that would apply under the RFS program in calendar years 2014, 2015, and 2016 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel.  We will include a complete analysis of the EPA proposal and its impact in the June 4, 2015, Biobased and Renewable Products Update....