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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...

By Lynn L. Bergeson On May 11, 2018, the U.S. Environmental Protection Agency (EPA) sent a proposed renewable fuel standard (RFS) biofuel volumes rule for 2019 to the White House Office of Management and Budget (OMB) for pre-publication review.  The proposed rule addresses 2019 renewable blending obligations for cellulosic biofuel, advanced biofuel, and total biofuel, with a proposed 2020 percentage standard for biomass-based diesel. The 2019 blending requirement for biomass-based...

By Lynn L. Bergeson On May 3, 2018, the Advanced Biofuels Association (ABFA) announced that it had submitted a petition in the U.S. Court of Appeals for the D.C. Circuit to review EPA Administrator Scott Pruitt’s decision to provide waivers from RFS requirements. Michael McAdams, President of ABFA, stated:  “We have seen reports that the number of small refinery exemptions recently granted for compliance years 2016 and 2017 have doubled compared to previous years. ABFA...

By Lynn L. Bergeson On May 8, 2018, President Trump met with a group of Republican Senators and told them that he is considering allowing exported ethanol to count toward the volumes mandated by the Renewable Fuel Standard (RFS).  During this meeting, Mr. Trump also reiterated support for expanding sales of E15, and withdrew his verbal proposal to cap the price of RINs, which had been widely criticized by the ethanol industry. These announcements came after increasing concern about the...

By Lynn L. Bergeson On April 6, 2018, a coalition of biofuel producers wrote to Senator Chuck Grassley (R-IA) and Senator Joni Ernst (R-IA) urging them to reach out to President Trump to protect the Renewable Fuel Standard (RFS) program. EPA, under the direction of Administrator Scott Pruitt, recently provided a large oil refining company, Andeavor, with a hardship waiver. These waivers are typically given to small refineries producing less than 75,000 barrels per day that would suffer a...

Princeton University, “Researchers Use Light to Turn Yeast into Biochemical Factories” Biodiesel, “NBB Again Disappointed by Failure to Renew Biodiesel Tax Credit” Biodiesel Magazine, “DOJ Must Maintain Integrity of RFS, Reject PES Settlement” Reuters, “U.S. Asks Brazil to Review Ethanol Quotas in Tariff Talks - Industry Group” Berkeley Lab, “Sewage Sludge Leads to Biofuels Breakthrough”

Renewable Fuels Association, “Ethanol Industry Workers, Veterans Ask Trump To Support RFS” Reuters, “U.S. Biofuels Sector Blasts EPA Settlement With Bankrupt Philadelphia Refinery” Chemical & Engineering News, “Why Efforts To Use Green Fuels Sometimes Run Afoul” Great Lakes Bioenery, “It Pays To Study The Solvent: Better Biomass Conversion For Biofuels And Bioproducts” North Queensland Register, “Cloncurry Treated Sewage Water...