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, March 12, 2019, USDA’s Animal and Plant Health Inspection Service (APHIS) announced the publication of two draft documents related to the potential deregulation of a soybean variety GE for increased yield and resistance to the herbicide glufosinate.  The draft documents are Draft Plant Pest Risk Assessment (PPRA) and Draft Environmental Assessment (dEA) for Petition to Deregulate GE Soybean for Increased Yield and Herbicide Resistance. The PPRA will examine any plant pest risks and the dEA will analyze the potential issues and environmental impacts.  The draft documents can be accessed here, and the official notice of the review period can be viewed in the March 13, 2019, Federal Register.  84 Fed. Reg. 9077.  Comments are due by April 12, 2019.

Tags: USDA, Soybean, GE

 

On January 27, 2015, the U.S. Environmental Protection Agency (EPA) approved the importation of biodiesel made from soybeans from Argentinian biofuel producers as qualifying for U.S. biofuel credits under the federal Renewable Fuel Standard (RFS). Argentina's Biofuels Chamber's (CARBIO) request for an "Alternative Renewable Biomass Tracking Requirement" was approved, which allows foreign manufacturers to be part of the RFS if they follow certain environmental standards. The U.S. biodiesel industry has criticized this pathway approval for Argentinian biodiesel because it is believed to be less rigorous than other certification standards used previously. Before this pathway was approved, individual Argentinian biofuel producers could still qualify for the RFS program on their own, but the new method through CARBIO will allow all interested companies to be tracked as a consortium. EPA does not expect the approval to result in competition with domestic biofuel producers. This claim is strongly disputed by U.S. agricultural and biofuel groups. The Argentinian biodiesel industry has a production capacity of well over 1 billion gallons, which could displace a large percentage of the RFS volume requirement of 1.28 billion gallons, which to date has been made up primarily of U.S. product.

The National Biodiesel Board and others have sought the views of the EPA Administrator and have asked EPA to revisit this pathway decision. If EPA does not change its position, the organizations may consider legal options. In addition, there is currently a group of about 30 U.S. Senators who have called for EPA to reverse the rule.