The filing argues the EPA was not authorized to issue the exemptions and that it acted in an arbitrary and capricious manner in its decision.
As previously noted, "hardship waivers" were intended for refineries producing 75,000 bpd or less and suffered "disproportionate economic hardship" from the costs of RFS compliance. The waiver frees the refineries from an obligation to provide the EPA with biofuels credits proving compliance.
Download the coalition's brief HERE. (Source: Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, National Farmers Union, 8 Dec., 2020)
Contact: National Farmers Union, Rob Larew, Pres., (202) 554-1600, www.nfu.org; Renewable Fuels Association, Geoff Cooper, Pres., CEO, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News RFS Hardship Waiver, Renewable Fuels Association, RFS, National Farmers Union,
"The U.S. Grains Council, Growth Energy, the Renewable Fuels Association and the National Corn Growers Association believe the 90-day extension of the TRQ serves neither Brazil's consumers nor the Brazilian government's own decarbonization goals, especially while Brazil's ethanol producers continue to be afforded virtually tariff-free access to the U.S. market. The extension falls during Brazil's annual inter-harvest period when U.S. ethanol exports to Brazil are traditionally low, causing greater uncertainty for U.S. exporters looking to make selling decisions now for the traditionally higher Brazilian demand in the winter months. While the Brazilian ethanol market has not been fully reopened to imports, we appreciate the continued support and efforts of the U.S. government as we use this 90-day period to aggressively pursue an open and mutually beneficial ethanol trading relationship with Brazil.
"The U.S. ethanol industry actively sought, through repeated dialogue with local industry and government, to illustrate the negative impacts of tariffs on Brazilian consumers and the Brazilian government's own decarbonization goals. However, it seems Brazil's government has left its own consumers to pay the price through higher fuel costs once again. While we would have preferred Brazil abandon its ethanol import tariffs entirely and resume its free trade posture on ethanol, which it held for several years before the TRQ, we view its decision to temporarily extend the TRQ on ethanol at the current level as an opportunity to continue discussions toward that end.
"The U.S. ethanol industry remains focused on expanding the global use of low-carbon ethanol, reducing barriers to trade and elevating its prominence in energy discussions. We remain eager to collaborate and cooperate with other nations that share in the vision of a free and open global ethanol market." (Source: U.S. Grains Council Website News, 14 Sept., 2020)
USGC, Bryan Jernigan, 202-789-0789, email@example.com, www.grains.org; Growth Energy,
Leigh Claffey, firstname.lastname@example.org, www.growthenergy.org;
RFA, Ken Colombini, email@example.com, www.ethanolrfa.org;
NCGA, Liz Friedlander, (202) 326-0644, firstname.lastname@example.org, www.ncga.com
More Low-Carbon Energy News Ethanol Tariff, Growth Energy, RFA, NCGA, USGC,
As previously reported, NCGA also recently partnered with the Renewable Fuels Association (RFA), assisting fuel retailers in applying for the USDA Higher Blends Infrastructure Incentive Program (HBIIP). The $100 million program included $86 million to expand the availability of higher blends of ethanol, like E15 and E85.
NCGA support for this program helped deliver program awareness and technical assistance for applications representing more than 1,100 fuel dispensers across 21 states and 222 locations dispensing more than 250 million gallons of gasoline annually. (Source: NCGA, Sept., 2020) Contact: NCGA, PR, Wayne Fueling Systems, (512) 388-8311, www.wayne.com; National Corn Growers Assoc., Mark Palmer, Renewable Fuels Dir., (636) 733-9004, (636) 733-9005-fax, email@example.com, www.ncga.com
More Low-Carbon Energy News National Corn Growers Association, Ethanol Blend, E15, E85 ,
A low carbon, high octane standard would allow sales of 20 pct or higher ethanol blends.
Palmer says they hope to have legislation introduced in the House by late summer or early fall.
(Source: National Corn Growers Association, Brownfield Ag News, 21 April, 2020) Contact: National Corn Growers Assoc., Mark Palmer, Renewable Fuels Dir., (636) 733-9004, (636) 733-9005 -fax, firstname.lastname@example.org, www.ncga.com
More Low-Carbon Energy News National Corn Growers Association, Low-Carbon Fuel, Coen, Corn Ethanol,
"We are pleased the Trump administration has decided not to side with oil refiners in seeking a re-hearing of this unambiguous and well-reasoned court decision in the Tenth Circuit. We trust this also means the administration does not plan to petition the Supreme Court for an appeal. Abiding by the court's ruling is the right thing to do at a time when our industries and rural America are already suffering from the effects of COVID-19, the Saudi-Russia oil price war and ongoing trade disputes.
"We look to the RFS as a source of demand stability and certainty, especially in these troubling times. Requesting a re-hearing would have only prolonged uncertainty in the marketplace and exacerbated the pain and frustration already being experienced in the Heartland.
"With this key milestone now behind us, we look forward to EPA applying the Tenth Circuit decision nationwide to all SRE (small refiner exemption) petitions, beginning with the 25 pending petitions for 2019 exemptions."
The coalition also noted that fully restoring the integrity of the RFS means immediate action to restore 500 million gallons of inappropriately waived 2016 blending requirements, as ordered by the U.S. Court of Appeals for the D.C. District in 2017. (Source: Various Media, The Fence Post, 25 Mar., 2020)
Contact: Renewable Fuels Association, Geoff Cooper, (202) 289-3835, www.ethanolrfa.org; American Coalition for Ethanol, Brian Jennings, CEO, (605) 334-3381 ext. 3389, www.ethanol.org; National Farmers Union, Roger Johnson, Pres., (202) 554-1600, www.nfu.org; NCGA, (636) 733-9004, (636) 733-9005 -fax, email@example.com, www.ncga.com
More Low-Carbon Energy News RFS, Americans for Clean Energy, RFS "Hardship" , Waivers, Renewable Fuels Associatio, National Farmers Union, National Corn Growers Association, American Coalition for Ethanol,
The coalition took the EPA to court and won over several "hardship" exemptions the EPA granted to small refineries, releasing them from their renewable fuel obligations in 2016 and 2017. The Trump Administration sought and secured an extension of the appeal deadline until Tuesday, March 24, this year.
"With the renewable fuels industry reeling from coronavirus, trade disputes and small refinery exemptions, now is certainly not the time for the Trump administration to take any action that would cause further pain for ethanol producers or the farmers that supply them. The best thing they could do to support our industry and keep ethanol plants open is to announce immediately that they will not appeal," the coalition wrote.
As previously noted, "hardship waivers" were intended for refineries producing 75,000 bpd or less and suffered "disproportionate economic hardship" from the costs of RFS compliance. The waiver frees the refineries from an obligation to provide the EPA with biofuels credits proving compliance. Under the now vanquished administrator Greg Pruitt's direction, the EPA handed out 54 exemptions over two years and not a single request for an exemption was denied.Under the U.S. Renewable Fuel Standard, the nation's oil refineries are required to blend billions of gallons of biofuels such as ethanol into the fuel or buy credits from those that do. But the EPA can waive their obligations if they prove compliance would cause them financial distress.
(Source: American Coalition for Ethanol , Various Trade Media, 18 March 2020) Contact: U.S. Grains Council, Tom Sleight, Pres., (202) 789-0789, (202) 898-0522, www.grains.org; Renewable Fuels Association, Geoff Cooper, (202) 289-3835, www.ethanolrfa.org; American Coalition for Ethanol, Brian Jennings, CEO, (605) 334-3381 ext. 3389, www.ethanol.org
More Low-Carbon Energy News American Coalition for Ethanol, RFS, "Hardship Wiver", Renewable Fuel ,
The coalition's brief noted,
"Even as the Trump Administration indicates it is taking steps to account for future small refinery exemptions, the coalition remains concerned that EPA's abuse of the small refinery exemption program diverges from the spirit and letter of the Clean Air Act. From a substantive and procedural perspective, this is not the way for a federal agency to make such a momentous decision."
(Source: Growth Energy, U.S. Grains Council, and Renewable Fuels Association , 23 Oct., 2019) Contact: Growth Energy, Emily Skor, CEO, Elizabeth Funderburk, (202) 545-4000, EFunderburk@GrowthEnergy.org, www.growthenergy.org; U.S. Grains Council, Tom Sleight, Pres., (202) 789-0789, (202) 898-0522, www.grains.org; Renewable Fuels Association, Geoff Cooper, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News RFS, Growth Energy, U.S. Grains Council, Renewable Fuels Association,
has been a long-time advocates of removing the unnecessary and outdated barrier to year-round E15, which took several years to accomplish. This present action is a continuation of NCGA efforts to increase corn grind by expanding the sales of higher ethanol blends. NCGA will be joining efforts with other ethanol advocates as the legal process continues. (Source: NCGA, High Plains Journal, 15 Sept., 2019) Contact: NCGA, (636) 733-9004, (636) 733-9005 -fax,
More Low-Carbon Energy News NCGA, E15, Ethanol, Ethanol Blend,
"EPA's stubborn refusal to obey a court order to restore lost demand is yet another kick in the teeth to U.S. renewable fuel producers and farmers already facing the worst market conditions in a generation. EPA's suggestion that following the court's directive would place an 'additional burden' on obligated parties is an insult and an affront to the farmers and ethanol producers who trusted this administration would follow the law." -- Renewable Fuel Association (RFA), Geoff Cooper, (202) 289-3835, www.ethanolrfa.org
"We are frustrated the EPA did not account for potential waived gallons going forward in the proposed rule. If the EPA continues to grant retroactive waivers, the RVO numbers are meaningless and the EPA is not following the law. Farmers are facing a very tough economic environment and the continued waiver abuse chips away at farmers' bottom line." -- Lynn Chrisp, Pres., National Corn Growers Association, (202) 326-0644, www.ncga.com
(Source: RFA, NCGA, Various Media, EHS, 23 July, 2019)
More Low-Carbon Energy News RFA, RVO, RFS, NCGA, "Hardship Waiver",
"EPA's failure to properly account for small refinery exemptions will continue to destroy biodiesel demand. EPA recognizes that the biodiesel and renewable diesel industry is producing fuel well above the annual volumes. The industry regularly fills 90 percent of the annual advanced biofuel requirement. Nevertheless, the agency continues to use its maximum waiver authority to set advanced biofuel requirements below attainable levels. The method is inconsistent with the RFS program's purpose, which is to drive growth in production and use of advanced biofuels such as biodiesel." -- National Biodiesel Board, Donnell Rehagen, CEO, (800) 841-5849, www.biodiesel.org
"Of the 418 million gallons of cellulosic biofuel called for in the RFS, the vast majority, 388 million gallons, are requested from biogas and that represents a 45 pct increase in production from the 2018 volumes." -- American Biogas Council, Patrick Serfass, Executive Director, (202) 640-6595, www.americanbiogascouncil.org
"When the EPA continues to grant waivers and does not account for those volumes in this rule, domestic demand for our crop is lost, impacting farmers' livelihood and the economy of rural America." -- National Corn Growers Association (NCGA), Lynn Chrisp, (202) 326-0644, www.ncga.com
More Low-Carbon Energy News American Biogas Council, NCGA, , RFS, Iowa Renewable Fuels Association, National Biodiesel Board ,
In the proposed rule, the EPA granted retroactive "hardship" exemptions to 48 refineries for 2016 and 2017 RFS obligations, amounting to 2.25 billion ethanol-equivalent gallons. Through this proposed rule, EPA has the tools to ensure retroactive exemptions do not further reduce volumes.
"While EPA may not want feedback on how the agency is failing to maintain the integrity of the RFS and administer the volume standards in accordance with the law, corn farmers will provide that feedback nonetheless and make our voices heard. The process for accounting for these volumes is central to the integrity of the RFS, and it is offensive to farmers that EPA does not believe our comments on this issue are worth soliciting and considering.
"To uphold the full clean air, cost-savings, energy independence, and rural economic benefits consumers and farmers receive from the RFS, EPA must also use the 2019 volume rule to make and keep the RFS whole.
"Maintaining an implied volume for conventional renewable fuel at 15 billion gallons, consistent with the statutory target for 2019 and the proposed rule, provides a firm base of support for ethanol production and corn prices. A strong RFS is a market-based solution for sustaining the agriculture economy," the comments state.
(Source: NCGA, Wisconsin State Farmer, 17 Aug., 2018)
Contact: National Corn Growers Association, Kevin Skunes, Pres., (202) 326-0644, www.ncga.com
More Low-Carbon Energy News National Corn Growers Association, RFS, Biofuel,
"The nation's corn growers thank Senator Chuck Grassley, Senator Joni Ernst and USDA Secretary Sonny Perdue for their advocacy and steadfast support for farmers, rural communities and renewable fuels. We greatly appreciate their efforts.
"With the expectation that the Administration was preparing to take drastic actions to unravel the RFS, farmers are very pleased those actions have been set aside and strongly encourage the Administration to keep the President's commitment to America's farmers and (leave) the RFS intact." (Source: NCGA, Wisc. AgConnection, 7 June, 2018) Contact: National Corn Growers Association, Kevin Skunes, Pres., (202) 326-0644, www.ncga.com
More Low-Carbon Energy News RFS, Biofuels, NCGA,
in their action, the plaintiffs claim the federal agency, led by the increasingly controversial Trump appointee Scot Pruitt, awarded the waivers to two refineries owned by HollyFrontier Corp. and the Wynnewood Refining Co., a subsidiary of Carl Icahn's CVR Refining, without publishing the actions in the Federal Register and that the refineries were profitable and did not qualify for the waivers.
As previously reported, "hardship waivers" were intended for refineries producing 75,000 bpd or less and suffered "disproportionate economic hardship" from the costs of RFS compliance. The waiver frees the refineries from an obligation to provide the EPA with biofuels credits proving compliance.
(Source: Various Media, NewsOK, 31 May, 2018)Contact: RFA, Bob Dinneen, Pres., (202) 289-3835, www.ethanolrfa.org; National Corn Growers Association, Kevin Skunes, Pres., (202) 326-0644, www.ncga.com
More Low-Carbon Energy News Hardship Waiver, National Corn Growers Association, RFA, EPA Scott Pruitt, RFS,
"NCGA claims the settlement would undermine the RFS and allow the refiner 'to walk away' from more than half of its outstanding RFS obligations and allow its parent companies to avoid liability." According to NCGA President Kevin Skunes, the proposal "would have negative policy implications for the RFS and future compliance with the Clean Air Act, as the settlement does not hold all parties liable for violations of the Clean Air Act."
(Source: NCGA, Neb. Rural Radio, Others, 29 Mar., 2018) Contact: NCGA, Kevin Skunes, Pres., (202) 326-0644, www.ncga.com; Philadelphia Energy Solutions, www.pes-companies.com
More Low-Carbon Energy News National Corn Growers Association, RFS, Philadelphia Energy Solutions,