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 15, 2019, EPA Administrator, Andrew Wheeler, signed a supplemental notice of the proposed rule on the Renewable Fuel Standard (RFS) that proposes to establish the cellulosic biofuel, advanced biofuel, and total renewable fuel volumes for 2020 and the biomass-based diesel volume for 2021. Although the rule does not change the volumes for 2020 and 2021 proposed in July 2019, it proposes and seeks comment on adjustments to the way that annual renewable fuel percentages are calculated. Annual renewable fuel percentage standards are used to calculate the number of gallons each obligated party is required to blend into their fuel or to otherwise obtain renewable identification numbers (RIN) to demonstrate compliance. Specifically, EPA is seeking comment on projecting the volume of gasoline and diesel that will be exempt in 2020 due to small refinery exemptions based on a three-year average of the relief recommended by the U.S. Department of Energy (DOE), including where DOE had recommended partial exemptions. EPA intends to grant partial exemptions in appropriate circumstances when adjudicating 2020 exemption petitions. EPA proposes to use this value to adjust the way it calculates renewable fuel percentages.

According to the prepublication notice, comments must be received on or prior to November 29, 2019. EPA will hold a public hearing in Ypsilanti, Michigan, on October 30, 2019, starting at 9:00 a.m. (EDT).


 

On January 8, 2016, seven biofuel and agriculture groups requested the U.S. Court of Appeals for the D.C. Circuit to review the Renewable Fuel Standards (RFS) for 2014, 2015, and 2016.  The Petition was filed by Biotechnology Innovation Organization, Americans for Clean Energy, American Coalition for Ethanol, Growth Energy, National Corn Growers Association, National Sorghum Producers, and the Renewable Fuels Association.  The groups intend to challenge the authority of EPA to set volume requirements for biofuel blending below standards put forth in the 2007 RFS law.  The new RFS volumes were finalized in November of 2015, and brought criticism from biofuel groups as blending levels were lower than expected while petroleum groups stated that the higher 2007 requirements were not feasible with current infrastructure.  This challenge to EPA’s authority in setting the RFS will prolong the uncertainty that has followed the RFS since earlier rulings were delayed.  


 

EPA is accepting public comments through May 26, 2015, on two proposed information collection requests (ICR) published in the Federal Register on Tuesday, March 24, 2015. The proposed ICRs concern projected cellulosic biofuels volumes and gasoline containing greater than 10 volume percent ethanol up to 15 volume percent ethanol (E15). Comments received will assist EPA as the agency prepares to submit the final ICRs to the Office of Management and Budget (OMB) for its official approval and dissemination.

In the first proposed ICR on "Cellulosic Production Volume Projections and Efficient Producer Reporting," EPA is seeking to collect information from potential cellulosic biofuel producers to aid in determining the annual volume standards. In the second proposed ICR on "Recordkeeping and Reporting Related to E15 (Renewal)," EPA is seeking comment on recordkeeping and reporting items related to the legal use of E15 in commerce.