By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) will hold its annual Stakeholder Meeting on December 8, 2022. BRS will offer in-person, at the USDA Center at Riverside, 4700 River Road, Riverdale, Maryland 20737, and virtual options for attendance. Attendees will hear updates about BRS’s implementation of the revised biotechnology regulations, including the new Regulatory Status Review and Confirmation Request processes, and other 2022 activities.
 
BRS seeks feedback on discussion topics for the meeting. Comments or suggestions on potential topics of interest are due October 14, 2022, to .(JavaScript must be enabled to view this email address). BRS will send out further meeting details and registration information. BRS states that stakeholders should check the BRS website for future meeting updates.

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By Lynn L. Bergeson and Carla N. Hutton
 
On September 1, 2022, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the availability of two new resources to answer stakeholder questions regarding the revised biotechnology regulations under 7 C.F.R. Part 340:

• “Questions & Answers -- Working with Microorganisms Developed Using Genetic Engineering Under 7 CFR part 340”: The questions and answers (Q&A) cover topics such as what microorganisms are regulated, permit requirements, permit exemptions, and how to contact APHIS and what information to provide; and
   
• Updated Confirmation Request Guidance: The updated guidance provides clarification on preparing and submitting requests to APHIS to confirm a modified plant qualifies for an exemption and is not subject to the regulations in 7 C.F.R. Part 340, including information on how APHIS treats off-target modifications when considering confirmation requests.

These resources, along with other information on the revised biotechnology regulations, are available on the APHIS website. For additional questions regarding the regulation of modified microorganisms, contact APHIS at .(JavaScript must be enabled to view this email address). For questions regarding confirmation requests, contact APHIS at .(JavaScript must be enabled to view this email address).

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By Lynn L. Bergeson and Carla N. Hutton
 
The U.S. Department of Agriculture (USDA) announced on August 23, 2022, that USDA is accepting applications for $100 million in grants to increase the sale and use of biofuels derived from U.S. agricultural products. 87 Fed. Reg. 51641. The funding is available through the Higher Blends Infrastructure Incentive Program (HBIIP). The program seeks to market higher blends of ethanol and biodiesel by sharing the costs to build and retrofit biofuel-related infrastructure such as pumps, dispensers, and storage tanks. Applications are due by 4:30 p.m. (EST) on November 21, 2022.
 
Under HBIIP, USDA provides grants to transportation fueling and distribution facilities. These grants lower the out-of-pocket costs for businesses to install and upgrade infrastructure and related equipment. The $100 million will support a variety of fueling operations, including filling stations, convenience stores, and larger retail stores that also sell fuel. The funds will also support fleet facilities, including rail and marine, and fuel distribution facilities, such as fuel terminal operations, midstream operations, and distribution facilities, as well as home heating oil distribution centers.
 
The grants will cover up to 50 percent of total eligible project costs -- but not more than $5 million -- to help owners of transportation fueling and fuel distribution facilities convert to higher blends of ethanol and biodiesel. These higher-blend fuels must be greater than ten percent for ethanol and greater than five percent for biodiesel.
 

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By Lynn L. Bergeson and Carla N. Hutton

According to an item in the U.S. Department of Agriculture’s (USDA) Unified Agenda, which was published on June 21, 2022, USDA intended to publish in June 2022 a proposed rule that would codify BioPreferred Program guidance. According to the item, USDA expects this action to reduce burden on both it and the applicants by reducing requirements, clarifying requirements, streamlining the application and certification process, and increasing efficiencies in program delivery. The item states that codification for all Program guidance “will ensure consistency in how programs are administered.” Improvements will also “facilitate the sales of the business using the labeling program.”
 
The BioPreferred Program is intended to spur economic development, create new jobs, and provide new markets for farm commodities. The two major parts of the Program are:

• Mandatory purchasing requirements for federal agencies and their contractors; and
   
• A voluntary labeling initiative for biobased products.

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By Lynn L. Bergeson

The U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) announced recently a new program that directs USDA to partner with at least one qualified institution to support the scale-up of sustainable bioproduct manufacturing. Up to $5 million is available for each of the fiscal years (FY) 2022 and 2023. NIFA will work in collaboration with USDA Rural Development’s BioPreferred program to seek research proposals that explore the benefits of bioproducts in relation to:

• “Cost savings relative to other commonly used alternative materials;

• Greenhouse gas emission reductions and other environmental benefits relative to their commonly used alternative materials;

• Lifecycle and longevity-extending characteristics relative to other commonly used alternative materials;

• Lifecycle and longevity-reducing characteristics relative to other commonly used alternative materials;

• Landfill quantity and waste management cost reductions;

• Product development and production scale-up; and

• Any other benefits that the Secretary determines to be appropriate.”

Information on how to apply for the Bioproduct Pilot Program is available here, and NIFA will hold a webinar on July 14, 2022, at 3:00 p.m. (EDT) to discuss the program and answer questions. Registration for the webinar is required.

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By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On April 12, 2022, U.S. Department of Agriculture’s (USDA) Tom Vilsack, Agriculture Secretary, announced steps that USDA is taking to implement President Biden’s plan to enable energy independence by boosting homegrown biofuels. President Biden’s plan aims to reduce energy prices and tackle the rising consumer prices caused by “Putin’s Price Hike.” As part of USDA’s measures to help the Biden Administration to achieve its goals, USDA is making the following investments:

• $5.6 million in funding for seven states to build infrastructure for renewable fuels through the Higher Blends Infrastructure Incentive Program;
   
• $700 million for biofuels producers through USDA’s new Biofuel Producer Program;
   
• $100 million for biofuels infrastructure grants; and
   
• Billions of dollars to support a new market in sustainable aviation fuels by partnering with the federal government to advance the use of cleaner and more sustainable fuels in the United States.

According to USDA, these investments will assist in the development, transportation, and distribution of low-carbon fuels, more affordable and cleaner fuels for consumers, and better market access for producers.

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By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. 

On February 22, 2022, U.S. Senator and Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, Debbie Stabenow (D-MI), and U.S. Senator and Committee member, Amy Klobuchar (D-MN), sent a letter to the U.S. Secretary of Agriculture, Tom Vilsack, requesting improvements to the United States’ biobased economy. Senators Stabenow and Klobuchar’s request focuses particularly on the U.S. Department of Agriculture (USDA) BioPreferred^® Program (Program), urging that USDA leverage its long-standing expertise in biobased products to strengthen the Program.

Managed by USDA, the Program aims to increase the purchase and use of biobased products, spur economic development, create new jobs, and provide new markets for farm commodities. The Program has two major parts:

• Mandatory purchasing requirements for federal agencies and their contractors; and
• A voluntary labeling initiative for biobased products.

According to Senators Stabenow and Klobuchar, federal procurement for BioPreferred^® products has failed to increase, despite significant product innovations in recent years. The two U.S. Senators encourage the U.S. Office of Management and Budget (OMB) and USDA to educate procurement officers on the benefits of BioPreferred^® products and routinely to measure progress of the Program. They also request that Secretary Vilsack and the U.S. Secretary of Commerce complete swiftly creation of North American Product Classification System (NAPCS) codes, correlating them to North American Industry Classification System (NAICS) codes to capture the multiple industries into which each product is sold.
 

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By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.
 
On December 7, 2021, the U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced that USDA is making $800 million available to support biofuel producers and improve infrastructure affected negatively by the COVID-19 pandemic. Funds will become available through USDA’s new Biofuel Producer Program authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). USDA hopes that $100 million of the total amount available will increase significantly the sales and use of higher bioethanol and biodiesel blends through the expansion of the infrastructure for renewable fuels derived from U.S. agricultural products. Secretary Vilsack stated that [‌u]nder the leadership of President Biden and Vice President Harris, USDA is providing direct relief to the people of rural America who are still reeling from the economic impacts of the pandemic.” He also reported that USDA is targeting resources and investments to improve the strength and resiliency of America’s sustainable fuel markets.

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By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On March 3, 2021, the co-chairs of the House Biofuels Caucus, U.S. Representatives Cindy Axne (D-IA) and Rodney Davis (R-IL), introduced the Renewable Fuels Infrastructure Investment and Market Expansion Act, which would expand access to higher biofuel blends. Building off the U.S. Department of Agriculture’s (USDA) Higher Blends Infrastructure Inventive Program, this bill intends to provide consistent federal investment ($500 million over five years) on biofuels infrastructure, while also removing barriers to 15 percent ethanol and 85 percent gasoline (E15) fuel blends and allowing Underground Storage Tanks (UST) to store higher blends of ethanol.

On the same day, with the support of Representatives Axne and Davis, among others, U.S. Representative Dusty Johnson (R-SD) introduced the Adopt GREET Act. The Adopt GREET Act would require that EPA update its greenhouse gas (GHG) models for ethanol and biodiesel to reflect better the environmental benefits of agriculture and biofuels. Specifically, EPA would be obligated, under this Act, to adopt the Argonne National Laboratory’s Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) Model for both biodiesel and ethanol fuels and update its model as needed every five years.

Both pieces of legislation are being supported by several industry stakeholders, including the National Corn Growers Association, the Renewable Fuels Association, and Growth Energy.

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By Lynn L. Bergeson

On October 8, 2020, Secretary of Agriculture, Sonny Perdue, announced that the U.S. Department of Agriculture (USDA) has made $22 million available in grants to increase sales of ethanol and biodiesel. The funds are coming out of the $100 million in grants available through the Higher Blends Infrastructure Incentive Program (HBIIP) and have been disbursed to 14 states. USDA predicts that the investments will increase ethanol demand by approximately 150 million gallons annually.

HBIIP aims to assist biodiesel distribution facilities and transportation fueling facilities with the conversion to higher ethanol and biodiesel blends by sharing costs related to installing fuel pumps and related equipment and infrastructure. Eligible grant applicants are vehicle fueling facilities, including, but not limited to:

• Local fueling stations and locations;

• Vehicle fueling facilities;

• Hypermarket fueling stations;

• Convenience stores;

• Fuel terminal operations;

• Fleet facilities;

• Midstream partners; and

• Distribution facilities.

Higher fuel blends mean fuels that contain ethanol over ten percent by volume and/or fuels containing biodiesel blends higher than five percent by volume. More information on USDA’s HBIIP can be found here.

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