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By Lynn L. Bergeson On April 29, 2019, the National Chicken Council submitted a letter to EPA’s Office of Transportation and Air Quality outlining the potentially negative impact of the changes to the biofuels policy on the poultry industry. In his letter to EPA, Mike Brown, President of the National Chicken Council, reported concern with EPA’s proposal on year-round ethanol-15 (E15) use under the Renewable Fuels Standard (RFS) Program. The National Chicken Council believes that EPA...

By Lynn L. Bergeson On April 17, 2019, the Iowa Renewable Fuels Association (IRFA), a Biobased and Renewable Products Advocacy Group (BRAG®) member, spoke at a press conference alongside Iowa Secretary of Agriculture, Mike Naig, on how the approval of small-refinery exemptions (SRE) for the 2018 Renewable Fuel Standard (RFS) blend levels would undermine RFS in an irreversible way.  IRFA’s Executive Director, Monte Shaw, pointed out that under current conditions all a refinery...

By Lynn L. Bergeson In March 2019, the National Wildlife Federation (NWF), a conservation organization working across the U.S., published a report called New Research Findings Link Biofuel Mandate to Environmental Harm.  According to the report, the U.S. Renewable Fuel Standard (RFS) and its implementation are leading to environmental disaster which involves the destruction of the monarch butterfly habitat, climate change acceleration, and drainage of western aquifers, amongst other issues....

CNBC, “Trump Energy Secretary Rick Perry ‘Absolutely’ Would Talk with Ocasio-Cortez About Green New Deal” Reuters, “Malaysia Threatens WTO Challenge to EU’s Move to Drop Palm Biofuel” CompositesWorld, “Bio4self Bio-based Autocomposite Wins JEC Innovation Award” Feedstuffs, “EPA’s RFS Waivers Cut Corn Demand by 900m bu.” NCSU News, “Transcription Factor Network Gets to Heart of Wood Formation” NHK World-Japan,...

By Lynn L. Bergeson On March 18, 2019, (EPA) announced a public hearing to be held for the proposed rule: “Modifications to Fuel Registrations to Provide Flexibility for E15: Modifications to RFS RIN Market Regulations.”  84 Fed. Reg. 9734.  The proposed rule would implement regulatory changes allowing E15 to take advantage of a Renewal Fuels Standard (RFS) program waiver. Currently, the 1-psi Raid Vapor Pressure (RVP) waiver only applies to ten percent ethanol (E10) during...

By Lynn L. Bergeson On February 22, 2019, the U.S. Environmental Protection Agency (EPA) published a notice of a proposed partial consent decree in Sierra Club v. Pruitt.  This notice is in response to a complaint filed by the Sierra Club in October 2017 to the District of Columbia Court.  The complaint alleged that former EPA Administrator Scott Pruitt “failed to perform a non-discretionary duty to assess and report to Congress on the environmental and resource conservation...

By Lynn L. Bergeson On January 29, 2019, the Renewable Fuels Association (RFA) President and Chief Executive Officer (CEO), Geoff Cooper, submitted a letter to EPA Acting Administrator, Andrew Wheeler, regarding the Renewable Fuel Standard (RFS) Reset Rule. Addressing EPA’s final RFS rule that would be released in Spring 2019 resetting statutory RFS blending obligations for 2020, 2021, and 2022, as well as biomass-based diesel blending obligations for 2021 and 2022, the letter reflects...

Chemical & Engineering News, “US Requires Labeling of GMO Foods as ‘Bioengineered’” TradeArabia, “RAK Firm to Use Fuel From Waste in Cement Production” Cision PR Newswire, “Green Catalysts with Earth-abundant Metals Accelerate Production of Bio-based Plastic” Irish Farmers Journal, “Biofuels Blended in Petrol and Diesel to Increase to 10% from 2019” The Virginian-Pilot, “Global Bioenergies Welcomes France’s Decision to...

By Lynn L. Bergeson On January 8, 2019, the Competitive Enterprise Institute (CEI), a non-profit public policy organization supporting free-market, published the Free to Prosper: A Pro-Growth Agenda for the 116th Congress report for the Congress’ consideration.  The report identifies strategies for Congress to take in eliminating federal regulations that interfere in the lives of consumers, making it more difficult to access the best services and products available to Americans....

By Lynn L. Bergeson On November 30, 2018, the U.S. Environmental Protection Agency (EPA) announced the final renewable fuels volumes under the Renewable Fuel Standard (RFS) for 2019 and the biomass-based diesel volumes for 2020.  The final rule establishes that the 15-billion gallon targets originally set by Congress for 2019 will be maintained and primarily met by corn ethanol.  Additionally, in 2019, advanced biofuel volumes will increase by 630 million gallons and cellulosic biofuel...

By Lynn L. Bergeson On November 13, 2018, the U.S. Environmental Protection Agency (EPA) announced the submission for review of an information collection request (ICR) on the Renewable Fuel Standard (RFS) Program to the Office of Management and Budget (OMB).  83 Fed. Reg. 56319.  The Federal Register notice states that purpose of this submission is to obtain OMB approval of an ICR that consolidates some existing collections.  By consolidating the existing collections and...

By Lynn L. Bergeson On October 15, 2018, U.S. Representatives Ruben Gallego (D-AZ) and Danny Davis (D-IL) submitted a letter to the U.S. Environmental Protection Agency (EPA) expressing concern over President Trump’s issuance of waivers to the Renewable Fuel Standard (RFS). Particularly worried about EPA’s recent actions to waive RFS blending requirements, the letter, signed by 19 members of Congress, urges EPA “to halt the issuance of additional RFS waivers and to reallocate...

By Lynn L. Bergeson The U.S. Environmental Protection Agency (EPA) has included a new data portal on its website to promote greater transparency on small refineries exemptions to the Renewable Fuel Standard (RFS). Criticized in the past for its lack of transparency, EPA’s new RFS data portal also provides previously undisclosed information on Renewable Identification Number (RIN) transactions, renewable fuel volume production, average RIN prices, and RIN transaction volumes. The data...

By Lynn L. Bergeson On August 23, 2018, U.S. Senators Patty Murray (D-WA), Roy Blunt (R-MO), and 37 others submitted a bipartisan letter, asking the U.S. Environmental Protection Agency (EPA) to increase the renewable volume obligations under the Renewable Fuel Standard (RFS) as proposed by EPA in June 2018. Under the aforementioned proposed RFS, EPA would raise the advanced biofuel volume for 2019 to 4.88 billion gallons and the biomass-based diesel volume for 2020 to 2.43 billion gallons. The...

By Lynn L. Bergeson Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards annually. On July 10, 2018, EPA announced a request for comments on a proposed rule to address “volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory volume targets.” The proposal also included the applicable volume of diesel from biomass for 2020. In response to EPA’s...

By Lynn L. Bergeson On August 1, 2018, the U.S. Senate Committee on Environment and Public Works (EPW Committee) held a hearing entitled “Examining EPA’s Agenda:  Protecting the Environment and Allowing America’s Economy to Grow.”  Testifying at the hearing was Andrew Wheeler, the U.S. Environmental Protection Agency’s (EPA) Acting Administrator.  Witness testimony and an archive of the hearing are available online.  The hearing was intended...

Santa Fe New Mexican, “LANL Researching Algae to Convert to Affordable Fuel” Renewables Now, “Argentina Looking at 27% Bioethanol Blend -- Report” Governors’ Biofuels Coalition, “Shimkus Promises ‘We’ll Legislate’ on Reforming RIN Credits” Born2Invest, “EPA’s New Acting Administrator Plans on Following Predecessor’s Policies” EIN NewsDesk, “Advanced Biofuels Canada’s National Voice Continues to Grow...

By Lynn L. Bergeson On July 20, 2018, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) ruled that EPA must reconsider its denial of Ergon-West Virginia, Inc.’s (Ergon) application for a small refinery waiver under the RFS.  The Fourth Circuit stated that EPA relied on an “error-riddled” analysis when it denied the exemption.  Ergon is a small refinery based in West Virginia (with a daily production of 23,500 barrels) that produces primarily...

By Lynn L. Bergeson On July 24, 2018, Andrew Wheeler, newly appointed Acting Administrator at the U.S. Environmental Protection Agency (EPA), held a briefing that outlined his plans for the Renewable Fuel Standard (RFS).  He plans on following Scott Pruitt’s work overhauling the policy, including counting ethanol exports toward annual biofuels quotas and bringing corn and oil groups together to overhaul the RFS system.  Wheeler also signed a final notice approving a variety...

By Lynn L. Bergeson On July 18, 2018, the U.S. Environmental Protection Agency (EPA) held a Public Hearing for Proposed Renewable Fuel Standards (RFS) for 2019 and Biomass-Based Diesel Volume for 2020.  The National Biodiesel Board (NBB) testified at this meeting that EPA should set the 2020 Biomass-based Diesel volume at 2.8 billion gallons, stating that it aligns with the goals that Congress set for the RFS program, the volume is achievable in 2020, and that it will better fulfill...