The Biobased and Renewable Products Advocacy Group (BRAG) helps members develop and bring to market their innovative biobased and renewable chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.

By Lynn L. Bergeson

On August 3, 2018, the U.S. Department of Agriculture (USDA) Rural Business-Cooperative Service publicized two application cycles for applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (BAP). The loans under the aforementioned program are designed to encourage the proliferation of biobased practices that use “technologically new commercial scale processing and manufacturing equipment to convert renewable chemicals and other biobased outputs of biorefineries into end-user products, on a commercial scale.” Applications must be submitted by 4:30 p.m. (EDT) on October 1, 2018, or during the second application cycle, by 4:30 p.m. (EDT) on April 1, 2019.


 

 

 

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 diesel which is not easily blended and sold in the local market.  The number of small refinery hardship waivers has jumped in recent years, with 48 waivers granted in 2016 and 2017, prompting outcry from the biofuel industry that the increased waivers undercut the RFS program.


 

By Lynn L. Bergeson

On July 20, 2018, the United Kingdom’s (UK) Department of Transportation launched a consultation to explore the impact of introducing E10 fuel to the UK market.  Earlier this year, changes were made to the Renewable Transport Fuels Obligation (RTFO) that requires transport fuel supplies to increase the amount of renewable fuel supplied in the UK beyond the current five percent ethanol blend, up to a limit of ten percent by 2032.  This plan is a component of the Road to Zero Strategy, announced on July 9, 2018, a commitment by the UK government to dramatically reduce transport emissions and move towards a zero emissions future.  The consultation is seeking views on: 

  • Whether and how to introduce E10 petrol in the UK;
  • The reintroduction of an E5 protection grade to ensure standard petrol remains available at an affordable price; and
  • The introduction of new fuel labeling at petrol pumps and on new cars.

Responses are being accepted through September 16, 2018.

Tags: UK, Biofuel, E10

 

 

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 the promise of the RFS program.  These statements come on the heels of a July 12, 2018, request by the Trump administration that the U.S. Court of Appeals for the District of Columbia Circuit throw out a lawsuit over previous small refiner hardship exemption waivers that EPA had granted.  Government lawyers argued that the lawsuit did not challenge a “final” agency action, so individual exemptions must be challenged in local courts.  EPA’s small refinery hardship exemptions have doubled in 2016 and 2017 when compared with previous years, with NBB estimating a decreased demand of 300 million gallons for biodiesel.  NBB argued that increasing the RFS for 2019 and 2020 is needed to reduce the uncertainty that has been caused by issuing the small refinery hardship exemptions.

Tags: Biofuel, RFS

 

 

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 hearing will provide interested parties the “opportunity to present data, views, or arguments concerning the [proposed rule],” and “EPA may ask clarifying questions during the oral presentations but will not respond to the presentations.”  Parties wishing to testify at the hearing should notify Julia MacAllister at (734) 214-4131 or via e-mail at .(JavaScript must be enabled to view this email address) by July 13, 2018.  EPA will be posting a complete set of documents related to the proposal for public inspection on http://www.regulations.gov, Docket ID No. EPA-HQ-OAR-2018-0167.  Comments on the Proposed Rule are due by August 17, 2018.  More information on the proposed rule is available in our blog item “EPA Releases Proposed Rule Setting 2019 RFS Requirements.”


 

By Lynn L. Bergeson

On July 2, 2018, Midwest AgEnergy announced that the North Dakota Industrial Commission, a division of North Dakota’s State Department of Mineral Resources, Oil and Gas, had awarded it a $83,810 grant to research using North Dakota barley to produce ethanol with a protein concentrate byproduct for use in aquaculture.  This would be the first ethanol produced North Dakota from a feedstock other than corn, and would include an expansion of the Dakota Spirit AgEnergy (DSA) ethanol plant.  "We're looking to move ahead with a more formal study on a barley protein concentrate project," stated Jeff Zueger, CEO of Midwest AgEnergy, the parent company of DSA.  "If built, it would be a co-located process at DSA that would dehull and mill barley to produce high protein feed and a feedstock for the ethanol process."


 
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