Biobased and Renewable Products News: EPA

November 16, 2018
EPA Submits ICR To OMB On RFS Recordkeeping And Reporting
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 recordkeeping updates, EPA is aiming to create a new, consistent, and easily understandable format to report burden and cost ... read more >
November 9, 2018
Call For Candidate Chemicals For Equivalency Determinations
Is your company engaged in Class 2 chemistries that are similar to existing Class 2 chemicals but are derived from an innovative bio-source? We are looking for pioneering companies working on new biobased Class 2 chemicals to assist in advancing an important project with the U.S. Environmental Protection Agency (EPA).   ISSUE:  While EPA sustainability goals would seemingly include adoption of improved biobased technologies, EPA’s policies under the Toxic Substances Control Act (TSCA) mean that many novel, sustainable technologies are considered “new chemicals” ... read more >
November 2, 2018
Green Groups Petition EPA To Monitor Prairies For Biofuels
On October 30, 2018, Earthjustice and the Clean Air Task Force submitted to the U.S. Environmental Protection Agency (EPA) a petition “to amend its ‘aggregate compliance’ approach to the definition of biomass under the Renewable Fuel Standard (RFS) … to prevent the conversion of native grasslands.”  The petition was filed on behalf of 11 organizations, including the National Wildlife Federation and the Sierra Club, and urges EPA’s Administrator Andrew Wheeler to amend regulations related to land permissibility for renewable biomass production. ... read more >
October 26, 2018
EPA Issues Final TSCA Fees Rule In Federal Register
On October 17, 2018, the U.S. Environmental Protection Agency (EPA) issued its final fees rule under the Toxic Substances Control Act (TSCA) in the Federal Register.  83 Fed. Reg. 52694.  The final rule largely tracks the proposed rule.  EPA is establishing fees applicable to any person required to submit information to EPA; or a notice, including an exemption or other information, to be reviewed by EPA; or who manufactures (including imports) a chemical substance that is the subject of a risk evaluation.  This final rulemaking describes the final TSCA fees and fee ... read more >
October 26, 2018
Trump Administration Releases Its Fall 2018 Agenda
On October 16, 2018, the Office of Information and Regulatory Affairs released the Trump Administration’s Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (Agenda). The Agenda aims to report on actions that administrative agencies, such as EPA, plan to put forward in the near- and long-terms. As its name implies, the Agenda includes both regulatory and deregulatory actions and attempts to justify any burden associated with these actions. According to its announcement, it should reflect four broad regulatory reform priorities: advancing regulatory reform, public notice of ... read more >
October 12, 2018
Trump Talks Biofuels; BIO Applauds
On October 9, 2018, during a rally in Council Bluffs, Iowa, U.S. President Donald Trump announced that he will order the U.S. Environmental Protection Agency (EPA) to expand its sales of corn ethanol. This action, which farmers across the U.S. have been waiting for, will allow for year-round sales of 15 percent biofuels (E15) ethanol blends. Currently, E15 sales are restricted during the summer months in certain states, limiting the expansion of the market space for biofuels. Well received by many in the industry, the announcement was particularly appreciated by the Biotechnology Innovation ... read more >
October 12, 2018
EPA Issues TSCA User Fees Final Rule
On September 27, 2018, the U.S. Environmental Protection Agency (EPA) announced the user fees final rule for the administration of the Toxic Substances Control Act (TSCA), the fourth and remaining framework rule to be issued in final under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). This final rule, that amends 40 C.F.R. Parts 700, 720, 723, 725, 790, and 791, “describes the final TSCA fees and fee categories for fiscal years 2019, 2020, and 2021”; “explains the methodology by which the final TSCA fees were determined”; ... read more >
September 28, 2018
EPA Aims To Increase Transparency Through RFS Website Updates
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 available dates back to July 1, 2010, which is when EPA started collecting the information provided. EPA intends to update ... read more >
August 31, 2018
Bipartisan Group Of U.S. Senators Fight For Increased Renewable Volume Obligation
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 bipartisan group argues that although these increases may be promising, the potential of biodiesel is still taken too ... read more >
August 24, 2018
BIO To EPA: RFS Program Is Key To America’s Biobased Economy
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 request, the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) ... read more >
August 10, 2018
Senate Committee On Environment And Public Works Holds Hearing On EPA Environmental Protection and Economic Growth Agenda
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 to provide Wheeler with the opportunity to present himself for the first time in front of the EPW Committee as the Acting ... read more >
July 27, 2018
Wheeler Briefs Press On Future Of Biofuels Programs, Approves Sorghum Based Biofuel Pathways Under RFS
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 of pathways for renewable fuel derived from sorghum, including biofuel and biodiesel.  The newly approved pathways meet ... read more >
July 27, 2018
EPA Must Reconsider Small Refinery Waiver For Ergon
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 diesel which is not easily blended and sold in the local market.  The number of small refinery hardship waivers has jumped ... read more >
July 25, 2018
BRAG Requests that EPA Adopt TSCA Inventory Representation and Equivalency For Renewable and Sustainable Biobased Chemicals
Washington D.C.:  Representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ recently-issued white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.”  BRAG and BIO members provided a presentation for EPA staff that outlined the regulatory challenges and market impedance ... read more >
July 13, 2018
EPA Announces Public Hearing And Publishes Proposed Rule On Renewable Fuel Standard Program
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 hearing will provide interested parties the “opportunity to present data, views, or arguments concerning the [proposed ... read more >
June 29, 2018
EPA Releases Proposed Rule Setting 2019 RFS Requirements
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 Congress under the RFS. The levels, along with the fact that the proposed rule does not address the reduction in price that ... read more >
June 22, 2018
Biofuel And Agricultural Groups Petition EPA Regarding RFS Obligations
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 of renewable fuel resulting from the unprecedented number of retroactive small refinery exemptions from [RFS] ... read more >
June 15, 2018
BRAG Engages With EPA On Critical Nomenclature Issues
On June 13, 2018, representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.”  BRAG and BIO members provided a presentation for EPA staff that outlined the regulatory challenges and market impendence facing the biobased ... read more >
June 1, 2018
Coalition Intends To Ensure EPA Retains Safer Choice
A coalition will be launched on June 1, 2018, that intends to ensure that Safer Choice will continue to exist as a federal program within the U.S. Environmental Protection Agency (EPA) and to improve the program so that it operates in the most effective way possible for all stakeholders.  The Coalition will comprise companies throughout the chemical value chain -- chemical manufacturers, consumer product companies, and retailers -- as well as non-governmental organizations (NGO).  Benjamin E. Dunham, a Senior Policy Advisor at Holland & Knight LLP, and former Hill staffer, ... read more >
May 18, 2018
EPA Sends Proposed Rule For 2019 RFS Volumes To OMB
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 diesel is 2.1 billion gallons and was included in a final rule from ... read more >
May 11, 2018
In Meeting With Senators, Trump Proposes Counting RINs From Ethanol Exports And Allowing Year Round Sales Of E15, Walks Back RIN Price Cap Proposal
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 future stability of the RFS after the U.S. Environmental Protection Agency (EPA) recently granted over two dozen hardship ... read more >
May 11, 2018
ABFA Files Petition Against EPA Over RFS Small Refinery Exemptions
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 members are concerned that Administrator Pruitt is granting these exemptions in an arbitrary and capricious manner to ... read more >
May 4, 2018
18 Senators Request EPA To Provide Timeline On RVP/E15 Rulemaking
On April 30, 2018, 18 pro-ethanol Senators sent a bi-partisan letter to U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt requesting a “transparent timeline … on the regulatory pathway forward to address the Reid Vapor Pressure (RVP) issue,” “an expected timeline of the rulemaking process to clarify how the agency will make this change to allow higher ethanol blends access to the marketplace” and “immediate clarity to allow higher ethanol blends to be sold in the interim while the outdated regulation is being changed” as related ... read more >
April 27, 2018
EPA Seeking Applications For 2018 Safer Choice Partner Of The Year Awards
On April 25, 2018, the U.S. Environmental Protection Agency (EPA) announced it was seeking applications for the 2018 Safer Choice Partner of the Year Awards in a notice in the Federal Register.  At the 2018 Partner of the Year Awards, Safer Choice will recognize stakeholder organizations from five broad categories: Formulators/Product Manufacturers of both Consumer and Institutional/Industrial products; Purchasers and Distributors; Retailers; Supporters (e.g., non-governmental organizations); and Innovators (e.g., chemical manufacturers). EPA states it developed the Partner of ... read more >
April 27, 2018
EPA To Hold Safer Choice Partner & Stakeholder Summit 2018
EPA recently announced that it will be hosting a Safer Choice Partner & Stakeholder Summit on May 14, 2018, at the Gaylord National Resort & Convention Center at National Harbor in Oxon Hill, Maryland, that will “build off of the previous Summits, exploring topics of importance to stakeholders and the program. The Summit will include informational sessions, and also breakout sessions with a focus on dialogue and developing solutions that can advance Safer Choice.”  Registration is available online. See also “EPA Seeking Applications For 2018 Safer Choice Partner ... read more >
April 13, 2018
EPA Announces Safer Choice Partner & Stakeholder Summit 2018
On April 11, 2018, the U.S. Environmental Protection Agency (EPA) announced the third Safer Choice Partner & Stakeholder Summit 2018 in a Federal Register notice. The Summit is open to all Safer Choice program partners and stakeholders, and will include informational and breakout sessions, with a focus on dialogue and problem-solving. The event is being held on May 14, 2018, from 8:00 a.m. to 5:00 p.m. (EDT) in Oxon Hill, MD. Registration is available ... read more >
April 6, 2018
EPA Requests Comment On Registration Of Isobutanol As A Gasoline Additive
On March 29, 2018, the U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice it is seeking public comment on the use of isobutanol in gasoline.  EPA specifically seeks comment on issues to consider regarding an application submitted by Butamax Advanced Biofuels, LLC (Butamax), a manufacturer of isobutanol, pursuant to the regulations titled “Registration of Fuels and Fuel Additives” for the registration of isobutanol as a gasoline additive at up to 16 volume percent, and any supplemental actions EPA should consider under the Clean Air Act (CAA). ... read more >
March 2, 2018
EPA Sends Letter To New Hampshire Governor On Treatment Of Biomass And Forest Products Industry
During a visit to New Hampshire on February 13, 2018, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt provided Governor Chris Sununu (R-NH) a letter announcing EPA's efforts to work towards a carbon-neutral policy for biomass and clarify federal procurement recommendations for responsibly managed forests.  According to Pruitt, EPA recognizes the importance of the forest products industry to the State of New Hampshire and is focused on clarifying regulations that were encumbering the industry.  Following the passage of the Consolidated Appropriations ... read more >
January 5, 2018
EPA Proposes New Fuel Pathways Under RFS Program
On December 27, 2017, the U.S. Environmental Protection Agency (EPA) proposed to approve new fuel pathways under the Renewable Fuel Standard (RFS) program.  Specifically, EPA is proposing to amend RFS regulations to define the term “distillers sorghum oil” and to add approved pathways from the production of biodiesel and heating oil from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from distillers sorghum oil via a hydrotreating process.  Distillers sorghum oil ... read more >
December 22, 2017
EPA Publishes Final 2018 RFS Requirements
On December 12, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register the Renewable Fuel Standard (RFS) Program:  Standards for 2018 and Biomass-Based Diesel Volume for 2019 final rule.  This final rule sets 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 for 2019.  As reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post EPA Issues Final 2018 RFS Requirements, the ... read more >
December 15, 2017
EPA Seeks Comment On ICR On RFS Program
On December 8, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register regarding its plans to submit an information collection request (ICR) to the Office of Management and Budget (OMB) on recordkeeping and reporting for the Renewable Fuel Standard (RFS) program.  The notices states that the ICR aims to streamline and update estimates related to the RFS program and consolidate all RFS estimates into one, consistent, and easy-to-understand format.   EPA is seeking public comment and information to enable it to:  Evaluate whether the ... read more >
December 8, 2017
EPA Issues Final 2018 RFS Requirements
On November 30, 2017, the U.S. Environmental Protection Agency (EPA) issued its final 2018 volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel.  A pre-publication of the final rule is available now.  The final rule sets 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 for 2019.  The proposed volume requirements ... read more >
December 1, 2017
EPA Denies Industry Request To Shift Point Of Obligation
On November 30, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register announcing its decision to deny several petitions requesting that EPA initiate a rulemaking to change the point of obligation for compliance under the Renewable Fuel Standard (RFS) program.  Under the RFS program, refiners and importers of gasoline and diesel fuel are identified as “obligated parties” responsible for compliance with the RFS annual standards.  In 2016, EPA received several petitions requesting a revision of the definition of “obligated ... read more >
November 17, 2017
EPA Close To Issuing In Final 2018 And 2019 Renewable Fuel Standard Volumes
On October 31, 2017, the U.S. Environmental Protection Agency (EPA) sent its final rule to set the Renewable Fuel Standard (RFS) volumes for 2018 and 2019 to the U.S. Office of Management and Budget (OMB) for review.  Under the Clean Air Act (CAA), EPA must issue a final rule to set standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel by November 30, 2017.  Typically, OMB review is the last step before the final rule is published in the Federal Register and takes 30 days. Timely issuance of the final volume requirements is critical for ... read more >
November 17, 2017
Weekly Roundup of Other Biobased News
The Hill, “Senate Moves Toward Confirming Trump EPA Air Nominee” Bloomberg Politics, “U.S. Subpoenas Icahn Over Biofuel Action While Trump Adviser” Newsweek, “Scientists Work To Make Better Plastics From Sunlight” University of Delaware, “Research Aims To Help Renewable Jet Fuel Take ... read more >
November 3, 2017
EPA Sends Letter To Senators Addressing RFS Issues
On October 19, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senators Joni Ernst (R-IA), Charles Grassley (R-IA), Pat Roberts (R-KS), John Thune (R-SD), Mike Rounds (R-SD), Deb Fischer (R-NE), and Ben Sasse (R-NE) to confirm his commitment to support the spirit and the letter of the Renewable Fuel Standard (RFS) program.  In the letter, Pruitt stated that, following a detailed analysis, numerous stakeholder meetings, and review of public comments, it was determined that EPA would not grant the petition to move the point of obligation to ... read more >
October 27, 2017
Congressmen Send Bipartisan Letter On Regulating Agricultural Biotechnology To USDA, FDA, EPA
On October 17, 2017, Congressman Jimmy Panetta (D-CA), Congressman Neal Dunn, M.D. (R-FL), and 77 additional House members sent a bipartisan letter to the U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), and U.S. Environmental Protection Agency (EPA) to urge the agencies to work together to promote innovative new technologies aimed at increasing crop yields and reducing the cost of production.  According to Congressman Panetta, the letter was prepared in response to duplicative or inconsistent regulatory proposals regarding biotechnology.  In the ... read more >
October 20, 2017
EPA Final Rule On Use Of TOFA Confirms Safety Of Unsaturated Fatty Acids
On October 10, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule establishing exemptions for a tolerance limit to use tall oil fatty acids (TOFA) as an inert ingredient “[‌i]n pesticide formulations applied to growing crops and raw agricultural commodities after harvest; in pesticides applied in/on animals, and in antimicrobial formulations for food contact surfaces.”  Pursuant to Section 408(c)(2)(A)(i) of the Federal Food, Drug, and Cosmetic Act (FFDCA), EPA has the authority to establish exemptions from the ... read more >
October 6, 2017
Iowa Senators Respond To EPA NODA Regarding RFS Program
Last week, Senators Chuck Grassley (R-IA) and Joni Ernst (R-IA) responded to the U.S. Environmental Protection Agency’s (EPA) Notice of Data Availability (NODA) regarding the Renewable Fuel Standard (RFS) volume requirements (see EPA Issues NODA Regarding RFS Program).  On September 27, 2017, Ernst sent a letter to President Trump expressing concern over the proposed reduction in the volume requirements for 2018 and 2019.  In the letter, Ernst highlights the importance of renewable fuel with regard to jobs in rural America, and energy security for the U.S. Additionally, the ... read more >
October 6, 2017
EPA Issues NODA Regarding RFS Program
On October 4, 2017, EPA issued a NODA in the Federal Register to provide supplemental information and an opportunity for further public comment on potential reductions in the 2018 biomass-based diesel, advanced biofuel, and total renewable fuel volumes, and/or the 2019 biomass-based diesel volume under the RFS program.  The NODA follows the Agency’s July 21, 2017, proposed rulemaking on the volume requirements and provides additional information on production, imports, and cost of renewable fuel, and several options for how EPA may consider such data in establishing the final ... read more >
September 8, 2017
EPA Waives RFS Requirements For States Affected By Hurricane Harvey
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 throughout the South, Southeast, and the Mid-Atlantic in the wake of Hurricane Harvey.  As required by law, EPA and the Department of ... read more >
August 25, 2017
Appellate Court Rules EPA RFS Exemption Criteria Too Strict
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 economic hardship” in complying with the RFS program.  According to the court ruling, EPA’s interpretation that ... read more >
August 18, 2017
Biofuel Industry Testifies At EPA Hearing On RFS Program
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 for maintaining the statutory 15 billion gallon volume requirement for conventional renewable fuels, but urged the agency to increase the proposed ... read more >
August 11, 2017
Weekly Roundup of Other Biobased News
Bloomberg, “Trump’s EPA to Reject Icahn-Backed Tweak to Biofuel Program” USDA, “Researchers Tap Papaya-Loving Algae to Make ‘Home-Grown’ Biodiesel for Hawaii” Oak Ridge National Laboratory, “Materials --Cooking Up Biofuel” Treasure Coast Research Park, “The Sweet Smell of Success…and ... read more >
August 4, 2017
EPA Publishes Analysis Of GHG Emissions From Sugar Beets
On July 26, 2017, the U.S. Environmental Protection Agency (EPA) published its analysis of the upstream greenhouse gas (GHG) emissions attributable to the production of sugar beets for use as a biofuel feedstock.  EPA considered a scenario in which non-cellulosic beet sugar is extracted for conversion to biofuel and the remaining beet pulp co-product is used as an animal feed.  Based on the findings, EPA anticipates that biofuels produced from sugar beets could qualify as a renewable fuel or advanced biofuel under the Renewable Fuel Standard (RFS) program, depending on the type and ... read more >
August 4, 2017
Weekly Roundup of Other Biobased News
The Hill, “Court Rejects 2015 EPA Biofuels Waivers” Govenors’ Biofuels Coalition, “Action on E15 Bill not Expected Before August Recess” Department of Energy, “EERE Success Story -- New Membrane Technology Will Improve Efficiency of Biofuel Production” PWashington State University, “Algae Cultivation Technique Could Advance ... read more >
July 28, 2017
EPA Publishes Proposed 2018 RFS Requirements
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 reported in the Biobased and Renewable Products Advocacy Group’s (BRAG®) blog post EPA Releases Proposed 2018 RFS ... read more >
July 21, 2017
EPA Announces Public Hearing On RFS Program
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 may ask clarifying questions.  EPA intends to use the information to inform a future rulemaking to reset the statutory volumes ... read more >
July 21, 2017
EIA Issues Short-Term Energy Outlook Report
On July 11, 2017, the Energy Information Administration (EIA) issued its June Short-Term Energy Outlook (STEO).  EIA considered EPA’s recent rulemakings on the 2017 RFS volume requirements and proposed 2018 RFS volume requirements when developing its STEO for 2017 and 2018.    Biodiesel production averaged 101,000 barrels per day (b/d) in 2016, and, according to EIA, is expected to increase to an average of 105,000 b/d in 2017 and to 109,000 b/d in 2018.  Biomass-based diesel imports are expected to fall from 54,000 b/d in 2016 to 53,000 b/d in 2017 but rise to ... read more >
July 14, 2017
EPA Releases Proposed 2018 RFS Volume Requirements
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 are: Cellulosic biofuel, from 311 million gallons in 2017 to 238 million gallons in 2018; Advanced biofuel, from 4.28 billion ... read more >
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