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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...

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...

By Lynn L. Bergeson On July 3, 2018, the U.S. Environmental Protection Agency (EPA) announced it was holding a public hearing for the proposed rule “Renewable Fuel Standard Program:  Standards for 2019 and Biomass-Based Diesel Volume for 2020” on July 18, 2018, at 9:00 a.m. in Ypsilanti, Michigan.  83 Fed. Reg. 31098.  The proposed rule was published in the Federal Register on July 10, 2018.  83 Fed. Reg. 32024.   The notice states that the public...

By Lynn L. Bergeson On June 26, 2018, Scott Pruitt, Administrator of the U.S. Environmental Protection Agency (EPA), signed a proposed rule that includes 2019 Renewable Fuel Standard (RFS) percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel, as well as 2020 renewable volume obligations (RVO) for biomass-based diesel.   These blend levels increase requirements from 2018 but are still lower than the statutory levels set by...

By Lynn L. Bergeson On June 4, 2018, several biofuel and agricultural groups, including the Renewable Fuels Association, the Biotechnology Innovation Organization, the American Coalition for Ethanol (ACE), and the National Biodiesel Board, among others, petitioned the U.S. Environmental Protection Agency (EPA) regarding EPA’s Renewable Fuel Standard (RFS) obligations.  The ACE announcement states that the petition asks EPA to “change its regulations to account for lost volumes...

By Lynn L. Bergeson On June 8, 2018, petitioners in the District of Columbia Circuit (D.C. Circuit) case Coffeyville Resources Refining, et al. v. EPA filed their final briefs in the case challenging EPA’s final rule that established:  (1) the annual percentage standards for cellulosic biofuel, biomass-based diesel (BBD), advanced biofuel, and total renewable fuel that apply to all motor vehicle gasoline and diesel produced or imported in the year 2017; and (2) the applicable...