Biobased and Renewable Products News: RFS

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 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 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 >
October 6, 2017
Weekly Roundup of Other Biobased News
Senator Rounds, “Rounds Asks EPA Administrator for Continued Support of Renewable Fuel Standard” DOE Joint Genome Institute, “2018 DOE JGI Community Science Program Allocations Announced” Brookhaven National Laboratory, “With Extra Sugar, Leaves Get Fat Too -- Scientists Tip Balance of Plant Metabolism to Increase Oil Content in Leaves with Aim of Making Biofuels and Related Useful Chemicals” Cornell Chronicle, “Bioreactors on a Chip Renew Promises for Algal ... read more >
September 22, 2017
Pruitt Responds To Senators’ Request For Details On Icahn’s Advisory Role
On September 11, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senator Sheldon Whitehouse (D-RI) in response to the request by Senator Whitehouse and four other Democratic Senators to explain Carl Icahn’s role in shaping the Renewable Fuel Standard (RFS) program.  According to Pruitt, Icahn did not exercise excessive influence on the U.S. biofuels policy while acting as an advisor of President Trump.  The letter states that Icahn was one of many advisors that Trump met with during his confirmation and no assurances were made ... 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 >
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