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 Kathleen M. Roberts

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 for cellulosic, advanced, and total biofuels pursuant to the Clean Air Act.  In resetting the mandatory biofuel production requirements under the RFS program, EPA will need to review the implementation of the program during previous years and coordinate with the Secretary of Energy and the Secretary of Agriculture.  Factors that EPA must consider in its analysis include:

  • The impact of renewable fuels on the environment; 
  • The impact of the fuels on energy security; 
  • Production rates of fuels;
  • Economic impacts of fuels; and
  • The impact of renewable fuel on U.S. infrastructure. 

Stakeholders interested in testifying during the hearing should contact Julia MacAllister (.(JavaScript must be enabled to view this email address)) by July 25, 2017.

Tags: EPA, RFS, Hearing

 

By Lauren M. Graham, Ph.D.

On May 10, 2017, the U.S. Environmental Protection Agency (EPA) released Renewable Identification Numbers (RIN) generation data for April 2017, reporting that nearly 1.5 billion RINs were generated during the month.     

Nearly 17.3 million D3 cellulosic biofuel RINs were generated in April, bringing the total for 2017 to 49.9 million, including 1.3 million D3 RINs generated for ethanol, 17.9 million generated for renewable liquefied natural gas, and 30.7 million generated for renewable compressed natural gas.  Of the 49.9 million RINs, 44.7 million were generated by domestic producers, and 5.2 million were generated by importers.
 
More than 279.6 million D4 biomass-based diesel RINs were generated in April, resulting in a total of 973.3 million for 2017.  The majority of RINs, 736.5 million, were generated for biodiesel, with 235.9 million for non-ester renewable diesel, and 937,219 for renewable jet fuel.  Nearly 694.9 million RINs were generated by domestic producers, with 168.5 million generated by importers and nearly 109.9 million generated by foreign entities.
 
For D5 advanced biofuel, 7.0 million RINs were generated in April, which brought the total for 2017 to nearly 22.7 million.  Naphtha accounted for the majority of RINs generated, 10.9 million, with 8.1 million generated for ethanol, 890,603 generated for heating oil, and 2.7 million generated for non-ester renewable diesel.  In 2017, all D5 advanced biofuel RINs were generated by domestic producers.
 
Nearly 1.2 billion RINs were generated for D6 renewable fuel in April, resulting in a total of nearly 4.9 billion for 2017.  The majority of RINs were generated for ethanol, nearly 4.8 billion, with nearly 84.8 million generated for non-ester renewable diesel.  Nearly 4.8 billion RINs were generated by domestic producers, with 3.8 million generated by importers and nearly 84.8 million generated by foreign entities.
 
The data indicates that no D7 cellulosic RINs have been generated in 2017.

Tags: EPA, RIN, Biofuel

 

By Kathleen M. Roberts

On May 9, 2017, Senator Elizabeth Warren (D-MA), along with seven additional Democratic Senators, sent a letter to the Securities and Exchange Commission (SEC), the U.S. Environmental Protection Agency (EPA), and the Commodities Futures Trading Commission (CFTC) requesting an investigation into the activities of Carl Icahn for potential insider trading, market manipulation, and other securities and commodities law violations in the renewable fuel credit market.  The letter states that the actions of and the massive profit earned by Icahn raise questions related to conflict-of-interest rules that apply to government officials, and questions regarding insider trading and market manipulation of renewable fuel credits, known as Renewable Identification Numbers (RIN) -- which SEC, EPA, and CFTC have jurisdiction over.  EPA oversees the issuance and trading of RINs.  CFTC works with EPA to ensure integrity in the RIN market since it has broad authority to prevent insider trading and other market manipulation in commodities markets and futures markets.  SEC has jurisdiction to investigate whether Icahn’s actions as a senior adviser to President Trump affected CVR Energy's stock value or the accuracy of the company's annual and quarterly financial reporting and disclosure. 
 
The Senators maintained that RIN insider trading and market manipulation hurts all parties, including biofuel producers and refineries, and requested an investigation by the three agencies based on the publically available information detailed in the letter.  The Senators also requested information on whether EPA Administrator Scott Pruitt and SEC Chairman Jay Clayton would recuse themselves from the investigation.


 

On March 19, 2017, the International Organization for Standardization (ISO) published the sixth edition of its specifications for marine fuels (ISO 8217:2017), which includes a redefined “class F” grade for biofuel blends in marine distillates.  Up to seven percent fatty acid methyl ester (FAME), which has similar physical properties to conventional diesel, is permitted in the new “F” grades, specifically DFA, DFZ, and DFB.  Additionally, the DMA specifications have been amended to permit 0.4 higher weight percent biodiesel, compared to the suggested level in the previous iteration of the standard.  Substantial amendments were also made to the scope and other general requirements.  The full specifications are available for purchase on the ISO website.


 

EPA released RIN generation data for December 2016, reporting that more than 1.8 billion RINs were generated during the month.  More than 16.8 million D3 cellulosic biofuel RINs were generated in December, bringing the total for 2016 to 178 million, including 3.8 million D3 RINs for ethanol, 66.8 million for renewable liquefied natural gas, and 107.5 million for renewable compressed natural gas.  Of the 178 million RINs, nearly 160 million were generated by domestic producers, and nearly 19.2 million were generated by importers.

More than 524 million D4 biomass-based diesel RINs were generated in December, resulting in a total of nearly 4.0 billion for 2016.  The majority of RINs (3.28 billion) were generated for biodiesel, with 715 million for non-ester renewable diesel.  More than 2.85 billion RINs were generated by domestic producers, with 830 million generated by importers.

For D5 advanced biofuel, 6.0 million RINs were generated in December, which brought the total for 2016 to 97 million.  Ethanol accounted for the majority of RINs generated, nearly 61.3 million, with nearly 26.3 million generated for naptha, 1.54 million generated for heating oil, and 7.93 million generated for non-ester renewable diesel.  Of the 97 million RINs, 62.6 million were generated by domestic producers, 34.4 million were generated by importers, and 312 million were generated by foreign entities.

Nearly 1.30 billion RINs were generated for D6 renewable fuel in December, resulting in a total of nearly 15.2 billion for 2016.  The majority of RINs (14.7 billion) were generated for ethanol, with 169 million generated for biodiesel, and 281 million generated for non-ester renewable diesel.  More than 14.7 billion RINs were generated by domestic producers, with 179 million generated by importers, and 281 generated by foreign entities.

The data indicates that no D7 cellulosic RINs were generated in December.  In 2017, a total of 534,429 cellulosic RINs were generated for cellulosic heating oil.  All of the D7 RINs were generated by importers.

Tags: EPA, RIN, Biofuel, Data

 

On January 4, 2017, EPA issued a notice of intent to revoke Genscape’s ability to verify Renewable Identification Numbers (RIN) as a third party auditor under the Renewable Fuel Standard (RFS) Quality Assurance Program (QAP).  According to the notice, Genscape failed to meet all elements of its Quality Assurance Plan and verified approximately 68 million fraudulently-generated RINs.  To replace invalid RINs, Genscape is required to retire RINs within 60 days.  Obligated parties, however, do not have to replace invalid RINs to meet their compliance obligations if they assert and meet the requirements of an affirmative defense pursuant to 40 C.F.R. § 80.1473.  Genscape has 60 days to submit comments on the notice, which EPA will consider when taking final action on the proposed revocation. Unless EPA issues a final action to revoke its registration, Genscape may continue to function as a QAP provider.

Tags: EPA, RIN, RFS, QAP, Biofuel

 

On December 6, 2016, EPA held a hearing on its proposed Renewables Enhancement and Growth Support rule.  The proposed rule would update the regulatory structure to allow biofuel producers to process and convert biomass at different facilities, update fuel regulations to allow for more high-ethanol fuel blends in flex fuel vehicles, and permit cellulosic biofuels to be produced from new feedstock sources.  Testimony provided by Growth Energy and the Renewable Fuels Association (RFA) focused on the impact of the proposed rule on the development of the E15 market and strengthening ethanol flex-fuel provisions.  Geoff Cooper, the senior vice president of RFA, stated that RFA was opposed to EPA establishing a quality survey program to collect and analyze ethanol flex-fuel samples, and highlighted the different treatment between E10 and E15 regarding volatility. Chris Bliley, the director of regulatory affairs for Growth Energy, also pushed EPA to resolve the vapor pressure relief issue, stating that the proposal would isolate E15 as the only ethanol-blended fuel without Reid Vapor Pressure (RVP) relief in conventional areas.  Bliley supported the development of cellulosic biofuels through the use of biointermediates and new pathways, as well.  More information on the proposed rule is available in the BRAG blog post EPA Announces Public Hearing For Proposed Renewables Enhancement and Growth Support Rule.   The proposed rule was published in the Federal Register on November 16, 2016.  Comments are due by January 17, 2017, at 5:00 p.m. (EST).


 

As previously reported in the Biobased and Renewable Products Advocacy Group’s (BRAG®) Biobased and Renewable Products Update of November 11, 2016, the U.S. Environmental Protection Agency (EPA) has issued a notice in the Federal Register of a public hearing for the proposed “Renewables Enhancement and Growth Support Rule.”  The proposed rule updates the regulatory structure to allow biofuel producers to process and convert biomass at different facilities, update fuel regulations to allow for more high-ethanol fuel blends in flex fuel vehicles (FFV), and permit cellulosic biofuels to be produced from new feedstock sources.  EPA is seeking comment on the programs covered in the proposal, as well as renewable identification number (RIN) generation for renewable transport fuels and regulatory requirements for facilities that could use carbon capture and storage (CCS) in the future production of renewable fuels.  More information about the proposed rule is available in the BRAG blog post “ EPA Announces Public Hearing For Proposed Renewables Enhancement and Growth Support Rule. ”   The proposed rule was published in the Federal Register on November 16, 2016.  Comments are due by January 17, 2017, at 5:00 p.m. (EST).


 

On October 27, 2016, EPA approved an Efficient Producer petition submitted by Redfield Energy, LLC (Redfield Energy) granting “a pathway for the generation of renewable fuel (D-code 6) Renewable Identification Numbers (RINs) under the Renewable Fuel Standard (RFS) program for the production of non-grandfathered ethanol” produced by dry milling.  The Efficient Producer petition process is designed to accelerate the registration process for starch and grain sorghum ethanol producers that exhibit superior process efficiency.  Redfield Energy claimed the process achieved a 23.9 percent greenhouse gas (GHG) reduction, which surpassed the 20 percent reduction threshold.  The South Dakota plant will be the 63rd to gain approval since EPA introduced the Efficient Producer pathway petition process in 2014.


 

On November 10, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register for a public hearing for the proposed “Renewables Enhancement and Growth Support Rule.”  The proposed rule, available on EPA’s website, was signed by EPA’s Administrator on October 3, 2016, but has not yet been published in the Federal Register.  This proposed rule will enhance the renewable fuel standard (RFS) program as well as other fuel regulations to support the growth of renewable fuels, including ethanol.  The proposed rule would update the regulatory structure to allow biofuel producers to process and convert biomass at different facilities, update fuel regulations to allow for more high-ethanol fuel blends in flex fuel vehicles (FFV), and permit cellulosic biofuels to be produced from new feedstock sources.  EPA is seeking comment on the programs covered in the proposal, as well as renewable identification number (RIN) generation for renewable transport fuels and regulatory requirements for facilities that could use carbon capture and storage (CCS) in the future production of renewable fuels.  To testify at the hearing, the notice states to contact Julia MacAllister at the Office of Transportation and Air Quality, Assessment and Standards Division at (734) 214–4131 or via e-mail at .(JavaScript must be enabled to view this email address) by November 22, 2016.  The hearing will be held in Chicago, Illinois on December 6, 2016, at 9:00 a.m. (CST).

Tags: EPA, RFS, Hearing

 
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