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 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.  Under the 2007 Energy Independence and Security Act’s (EISA) RFS, land conversion for the production of renewable fuel sources is restricted to agricultural land cultivated prior to the enactment of the ruling that is nonforested or uncultivated.  Meant to ensure that growing renewable fuel sources would not significantly increase greenhouse gas emissions, the petition claims that these requirements are not being implemented by EPA due to an aggregate compliance system for measuring land use.  Instead, green groups are requesting that EPA use an individualized compliance approach in evaluating biofuel producers to assure compliance with EISA’s land use restrictions.  The petition also requests that EPA require additional “proof that only EISA-compliant land is used to grow crops displaced by renewable biomass production.”