Under the January 2020 ruling that the Supreme Court will now review, the EPA was found to have wrongly waived three refineries from the renewable fuel requirements. A three-judge panel of the 10th Circuit also said that refineries are only eligible for relief if they have received uninterrupted, continuous extensions of the exemptions -- an exclusion that means only a handful nationwide will qualify.
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.
(Source: Various Trade Media, 8 Jan., 2021)
More Low-Carbon Energy News RFS Waiver, Renewable Fuel Standard, Hardship Waivers,
When commissioned and fully operational, the facility will produce almost 100 million gpy of renewable diesel and roughly 6 million gpy of renewable naphth and significantly lower the company's annual Renewable Identification Number (RIN) exposure under the Clean Air Act's Renewable Fuel Standard (RFS).
The use of RNG as a transportation fuel has reportedly increased 291 pct over the past 5 years, displacing close to 7.5 million tons of carbon dioxide equivalent (CO2e). That is the greenhouse gas emissions equivalent of driving 18.6 trillion miles in a typical passenger cat. It is the CO2 emissions equivalent of consuming 842 million gallons of gasoline. This equates to the total amount of fuel used by 63,171 transit buses every year, according to trade data(Source: CVR Energy, PR, 22 Dec., 2020) Contact: CVR Energy Inc., David Lamp., CEO, (281) 207-3200, www.cvrenergy.com
More Low-Carbon Energy News RINs, CVR Energy, Renewable Diesel,
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,
"It shouldn't come as a surprise to anyone that EPA is missing its statutory deadline for publishing the final rule for 2021 RVOs, given that we still haven't even seen a proposed rule. And even if a proposed rule was released today, it would be next to impossible to have a final rule done by the end of the calendar year, or even by inauguration day.
"At this point, it likely makes more sense to let the new administration handle the 2021 RVO rulemaking process entirely. President-elect Biden has correctly noted that the RFS waivers granted by the current EPA have severely cut ethanol production, costing farmers income and ethanol plant workers their jobs. Thus, we are confident that the new EPA administrator, whoever that may end up being, will stop doing secret favors for oil refiners and ensure the RFS is implemented in a way that is consistent with the law and Congressional intent. We know it may take a few months for the new administration to get a final 2021 RVO rule done, but in the meantime, the statute is crystal clear that refiners must blend at least 15 billion gallons of conventional renewable fuel in 2021.
"So, while there may be some uncertainty around where the final advanced and cellulosic volume requirements may end up, the marketplace should be able to enter 2021 with some level of confidence around the conventional renewable fuel and biomass-based diesel requirements."
National Farmers Union President Rob Larew added, "By punting a decision on 2021's RVOS to the next administration, EPA is introducing yet more uncertainty to the biofuels industry -- uncertainty that most farmers and biofuels producers can't afford right now. Despite promising again and again to uphold RFS, the Trump administration has consistently undermined the program with its misappropriation of small refinery exemptions, preferential treatment of oil corporations, and disregard for its legal responsibility to restore lost demand, all of which has cost America's farmers and biofuel producers dearly. To add insult to injury, fuel use -- and, consequently, ethanol use -- has dropped significantly during the pandemic, cutting deeply into profits.
"Trump's EPA has almost invariably fallen short in its handling of biofuels, and today's decision, or lack thereof, is no different. We sincerely hope Biden's EPA learns from their mistakes and takes biofuels policy in a much more promising direction." (Source: National Farmers Union, Renewable Fuels Association, FencePost, 30 Nov., 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 Renewable Fuels Association, RFS, National Farmers Union ,
EPA administrator Andrew Wheeler stated that the agency would not act on waiver requests for compliance years since 2019 until ongoing court challenges to prior decisions are settled.
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.
On Sept 18 we reported Trump had suggested he'd provide $300 million to oil refiners and that those funds would come out of the USDA Commodity Credit Corp. (CCC) which is intended to provide farmers with Market Facilitation Program (MFP) payments. Trump later denied suggesting cash payments to refineries whose waiver applications had been rejected. (Source: EPA, Various Media, 19 Nov., 2020)
More Low-Carbon Energy News EPA, Renewable Fuel Standard, , Hardship Waiver, Biofuel Blending,
In her comments, Skor argued that biofuels like ethanol play a critical role in achieving the USDA's goals and called for building on current investments to expand renewable fuels role in the nation's transportation infrastructure. "Supporting programs like the Renewable Fuel Standard (RFS) and initiatives to expand access to higher biofuel blends like E15, E30, and E85 can build on biofuels' environmental progress and expand the market for American agriculture,", said Skor. "USDA's Higher Blends Infrastructure Incentive Program (HBIIP) is a prime example how the agency can support the productivity of our farmers, while decreasing greenhouse gas (GHG) emissions and encouraging further adoption of sustainable farming practices across our agriculture sector."
Skor also notes the biofuels industry's continued advancements to capture CO2 and the plant-based fuel's ability to replace harmful toxics and improve air quality. "We have a better option in ethanol, the single most affordable and abundant alternative to petroleum-based fuel additives that threaten air quality in communities across the globe. To expand on these benefits, USDA should continue to promote programs that boost biofuels access and use throughout the country.
As the department works to streamline programs and seek opportunities to improve sustainable farming across the country, Skor encouraged USDA to continue exploring the strong link between U.S. agriculture and our biofuels industry, and promote the increased use of biofuels so our nation's farmers can continue to rely on these markets as we work to reduce the environmental impact of the agriculture sector.
The organizations have asked the United States District Court for the District of Columbia to order the following: EPA should not withhold the name of the company submitting an application for an SRE nor the name and location of the refinery for which relief is requested; EPA should immediately produce the information that was unlawfully withheld for Renewable Fuel Standard compliance years 2015, 2016, and 2017, and; EPA should not withhold any of the five data elements identified in the proposed Renewables Enhancement and Growth Support (REGS) rule (Source: Growth Energy, Website PR , 28 Oct., 2020)
Contact: Growth Energy, Emily Skor, (202) 545-4000, www.growthenergy.org
More Low-Carbon Energy News Growth Energy, USDA, RFS, Biofuel,
In her comments, Skor argued that biofuels play a critical role in achieving the department's goals and called for building on current investments to expand renewables fuels' role in the nation's transportation infrastructure.
"Supporting programs like the Renewable Fuel Standard (RFS) and initiatives to expand access to higher biofuel blends can build on biofuels' environmental progress and expand the market for American agriculture. USDA's Higher Blends Infrastructure Incentive Program (HBIIP) is a prime example of how the agency can support the productivity of our farmers while decreasing greenhouse gas emissions and encouraging further adoption of sustainable farming practices across our agriculture sector," Skor noted.
Growth Energy is the world's largest association of biofuel producers representing 89 U.S. plants that produce more than 7.5 billion gpy of renewable fuel, 96 businesses associated with the production process, and tens of thousands of biofuel supporters across the country, according to its website.
Download Skorr's full comments HERE. (Source: Growth Energy, Website PR, 28 Oct., 2020)
Contact: Growth Energy, Emily Skor, CEO, (202) 545-4000, www.growthenergy.org
More Low-Carbon Energy News Growth Energy, Biofuel, USDA, RFS, Biofuel Blends, HBIIP,
The proposed Energy Recovery Facility (ERF) will use the latest technologies and best available techniques to safely and efficiently produce low carbon energy from non-recyclable waste. The facility could also feature a local heat network to provide sustainable heat for local services, businesses and housing projects.
Modern ERFs are strictly monitored by the Environment Agency and subject applicable legislation including the control of emissions. ERFs can only operate with an Environmental Permit from the Environment Agency (EA) under the Pollution Prevention and Control regulations and operators must monitor and report emissions from the plant. A large proportion of the plant is devoted to cleaning emissions.
Powerfuel's commitment is that the Carbon Dioxide (CO2) and other greenhouse gas emissions (GHGs) from the ERF operation will be offset, making the project "carbon neutral", according to the company website. (Source: Powerfuel Portland, Website, PR, HUB4, 10 Oct., 2020) Contact: Powerfuel Portland,
Steve McNab, Director, info@powerfuelportland.co.uk,
www.powerfuelportland.co.uk
More Low-Carbon Energy News Waste-to-Energy news,
Peterson is calling for transparency to be achieved before the 2021 oil refinery renewable volume obligations are released by the EPA.
(Source: Office of Minnesota Congressman Collin Peterson, WNAX, Sept., 2020)
Contact: Office of Minnesota Congressman Collin Peterson, (507) 637-2270, collinpeterson.house.gov
More Low-Carbon Energy News RFS, Refinery Waivers, Biofuel Blend,
In a blatant move to win support and placate the biofuels and refinery interests, Trump has suggested he'd provide $300 million to oil refiners and that those funds would come out of the USDA Commodity Credit Corp. (CCC) which is intended to provide farmers with Market Facilitation Program (MFP) payments.
Commenting on Trump's possible cash payments to refiners scheme, former Agriculture Secretary Tom Vilsack said he "strongly expects that no action will be taken on the remaining waivers until after the election." Vilsack was critical of the reports that the President indicated that he would offer $300 million through the CCC fund in lieu of the waiver approvals, as the CCC is designed specifically to be used by USDA for the purpose of helping farmers.
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. (Source: EPA, Feedstuffs, 17 Sept., 2020)
More Low-Carbon Energy News Trump, RFS, Refinery Waivers, Biofuel Blend, Tom Vilsack ,
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.
Interestingly, it is being widely reported that Trump is suggesting cash payments to refineries that have had waiver applications rejected, thus placating the biofuels and oil industries in a thinly-veiled move to win re-election in Nov. (Source: Various Media, OilPrice, 14 Sept., 2020)
More Low-Carbon Energy News Trump, RFS, Refinery Waivers, Biofuel Blend,
The president's could be seen as an effort to shore up his support in the Corn Belt states.
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: Chronicle Herald, 10 Sept., 2020)
More Low-Carbon Energy News Trump, RFS, Refinery Waivers, Biofuel Blend,
NBB wants farmers to go to their website and complete a pre-written request to the President and EPA administrator to reject those gap small refiner waivers, 85 bof which have been issues over the past three years.
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.
(Source: NBB, WNAX 26 Aug., 2020) Contact: NBB, Paul Winters, Pres., Kurt Kovarik, VP of Federal Affairs, (800) 841-5849, www.nbd.org
More Low-Carbon Energy News National Biodiesel Board, NBB, RFS Waivers ,
"We have extraordinary circumstances this year and we are looking at what relief we can provide everyone -- the ethanol industry is hurting as well." -- U.S. EPA Administrator Andrew Wheeler, 20 May, 2020
More Low-Carbon Energy News RFS Waivers news, Andrew Wheeler news,
The EPA is proposing to penalize the current Tier 3 test fuel that all automakers will use to meet CO2 emission standards because it contains 10 pct ethanol. This Tier 3 test fuel lowers CO2 emissions compared to the prior E0 test fuel from 1975. The EPA is creating this new penalty against ethanol by manipulating test procedures to inflate the tailpipe CO2 emissions of vehicles certified as using E10. Since the penalty would presumably increase with higher ethanol volumes, this rule would be a major disincentive for automakers to transition to higher ethanol blends.
"Basically ethanol can't win. First EPA ignores ethanol's ability to reduce toxic aromatics, and now it wants to penalize ethanol for being a more efficient, lower-carbon fuel additive. The EPA is making this more complicated than it needs to be. It's creating rules based on older, non-representative fuels in its testing. Plus, EPA has no authority to penalize a particular fuel. Automakers can take advantage of high octane ethanol but not if they are penalized before they even start. In short, let the market work," Urban Air President Dave VanderGriend commented.
"EPA's anti-ethanol bias is not limited to how it has badly mismanaged the Renewable Fuel Standard, it extends to the Agency's proposal to artificially inflate CO2 emissions from vehicles being tested on E10 blends for Tier 3 Test Fuel Procedures," ACE CEO Brian Jennings commented.
(Source: Urban Air Initiative, PR, 17 Aug., 2020) Contact: Urban Air Initiative, Dave VanderGriend, Pres., www. fixourfuel.com; Clean Fuels Development Coalition, 301-718-0077, www.cleanfuelsdc.org; American Coalition for Ethanol, Brian Jennings, (605) 334-3381, www.ethanol.org
More Low-Carbon Energy News RFS, American Coalition for Ethanol, ACE, Urban Air Initiative, Ethanol, Ethanol Blend,
"As you'll see in this report, the RFS has been a smashing success," said RFA President and CEO Geoff Cooper. "In addition to decreasing reliance on imported petroleum, the RFS has reduced emissions of harmful tailpipe pollutants and greenhouse gases, lowered consumer fuel prices, supported hundreds of thousands of jobs in rural America, and boosted the agricultural economy by adding value to the crops produced by our nation's farmers." The report details how, since 2005:
The report also includes historical perspective from RFA Senior Strategic Advisor Bob Dinneen, who led RFA through this important policy change. "We've probably all seen the Schoolhouse Rock version of 'How a Bill Becomes a Law', Dinneen writes. "It does a great job of explaining the legislative process. But it cannot capture the circuitous adventure and machinations that occur before an idea materializes into legislative language. That is particularly true when it comes to the 2005 Energy Bill and the Renewable Fuel Standard." (Source: RFA, 6 Aug., 2020) Contact: Renewable Fuels Association, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News RFA, RFS.Ethanol, Renewable Fuels,
Sevana Bioenergy will serve as the development partner, service provider, and long-term co-investor of the project, the second phase of which is expected to start in Q3 -- upgrading the facility to produce renewable natural gas (RNG) transportation fuel to be marketed under the renewable fuel standard ( RFS) programmes in the federal and California market.
Meridiam is a global investor and asset manager specialized in developing, financing and managing long-term public infrastructure projects. Founded in 2005, Meridiam invests in public infrastructure in Europe, North America and Africa, according its website. (Source: Meridiam Website, July, 2020) Contact: Sevana Bioenergy, info@sevanabioenergy.com, www. sevanabioenergy.com; Meridiam ,+33 1 53 34 96 99, 212 798 8690 -- NY Office, www.meridiam.com
More Low-Carbon Energy News RNG news, Biogas news, Sevana Bioenergy news,
The agency now lists seven pending requests each for 2011 and 2012, 11 each for 2013 and 2015, 12 in 2014, eight in 2016 and two in 2018, as well as 27 listed for 2019 and one for 2020. The agency granted 85 waivers for the period 2016 to 2018.
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: EPA,DTN, 16 July, 2020)
More Low-Carbon Energy News RFS, Hardship Waivers, Biofuel Blend,
"My House colleagues and I have written President Trump twice recently, asking him to protect the RFS. This message is clear -- the EPA must follow the law and stop reducing the amount of renewable fuel in our fuel supply. Our farmers need this market. South Dakota's biofuels industry can produce more than 1 billion gallons annually, adding more than $980 million to the economy -- but this only happens if there is reliable market access. The EPA can get this done.
"The nation's eyes were on South Dakota during President Trump's visit to Mount Rushmore. I'll continue to deliver agriculture's request that the EPA support clear, homegrown biofuels. The president supports farmers -- and it's time the EPA does, too." -- South Dakota congressman Dusty Johnson (R).
Editor's Note: 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. (Source: Rep. Dusty Johnson , Mitchell Republic, 12 July, 2020)
Contact: Rep. Dusty Johnson , (202) 225-2801, www.dustyjohnson.house.gov
More Low-Carbon Energy News US EPA, Andrew Wheeler, Renewable Fuel Standard, RFS Waiver,
The EPA normally issues the Renewable Volume Obligations (RVO) petroleum companies must meet under the RFS by July 4, but have missed that deadline for 2021 and there's no indication when they may be released, according to ACE CEO Brian Jennings.
EPA also has not responded to an April ACE request for an emergency interim final rule on RVOs to restore RFS volumes to help ethanol producers hurt by the pandemic.
The EPA is also being inactive on dealing with small refinery waiver requests which they need to deny in accordance with a January court ruling that will likely will take Congressional intervention to enforce, Jennings added.
(Source: American Coalition for Ethanol, July, 2020) Contact: American Coalition for Ethanol, Brian Jennings, CEO, (605) 334-3381, www.ethanol.org
More Low-Carbon Energy News American Coalition for Ethanol , Ethanol. RFS, Renewable Fuels Standard,
In a letter to the EPA' Administrator Andrew Wheeler, NWF President and CEO Collin O'Mara echoed the requests of six state governors and stressed the need for smaller biofuel mandates. In its letter, the AFPM noted:
The NWF letter concludes: “"In short, the corn ethanol mandate has led to the loss of important wildlife habitat, particularly in regions critical for monarch butterflies, ducks and other ground-nesting birds, and many other species -- threatening outdoor recreation opportunities as well as the economy. The mandate has also resulted in deteriorated water quality and harmful algal blooms in important surface waters as a result of increased farm runoff. Increasing mandated blending levels increases the potential for further land conversion, presenting a marked threat to the battle against global climate change, with its consequent catastrophic effects on human health and the environment. Higher blends of ethanol necessitated by unrealistic RVOs diminish public health. In light of the clear and present danger to the environment, we join with the Governors of six states in asking for a waiver to the RVO." (Source: National Wildlife Federation, AFPM, Hydrocarbon Engineering, 7 July, 2020) Contact: National Wildlife Federation, Colin O'Mara, CEO, www.nwf.org
More Low-Carbon Energy News RFS, Renewable Fuel Standard, Ethanol,
"We have extraordinary circumstances this year and we are looking at what relief we can provide everyone -- the ethanol industry is hurting as well." --
U.S. EPA Administrator Andrew Wheeler, 20 May, 2020
More Low-Carbon Energy News FRS Waiver, Andrew Wheeler,
"EPA's consideration of small refinery exemption petitions going back to 2011 flies in the face of the recent 10th Circuit decision. By rolling back the clock, there appears to be no length EPA won't go to help refiners undermine the RFS. Make no mistake -- this handout to the oil industry comes at the expense of biodiesel producers and soybean farmers across the country, and particularly the Midwest. Allowing these gap filings renders the program completely unpredictable for renewable fuel producers. The agency must immediately reject these petitions to restore confidence that it will abide by the law in administering the RFS." NBB VP for Federal Affairs Kurt Kovarik said.
NBB sent a June 1 letter to Administrator Wheeler saying, "EPA's first step upon receiving any petition for a small refinery exemption should be to evaluate its timeliness and validity before transmitting it to the Department of Energy." The letter makes the case that "gap" petitions or re-submissions of previously rejected petitions are inconsistent with the 10th Circuit's ruling. (Source: National Biodiesel Board, PR, NBB Website, 18 June, 2020) Contact: NBB, Kurt Kovarik, VP of Federal Affairs, (800) 841-5849, www.nbd.org
More Low-Carbon Energy News National Biodiesel Board, RFS, RFS Waiver, EPA Administrator Andrew Wheeler ,
The use of natural gas as an alternative fuel significantly reduces transportation-related emissions, improves air quality, and delivers economic savings, according to the release.
U.S. Gain is a leader in development, procurement and distribution of alternative fuel and renewable energy for the transportation and energy markets. Over the past 10 years, U.S. Gain has diversified throughout the renewable natural gas (RNG) supply chain -- investing in and managing development projects at farms, landfills and wastewater treatment plants; generating, trading and monetizing clean fuel credits under the RFS, LCFS and CFP programs; designing, building and operating alternative fueling stations, both private and a public GAIN Clean Fuel network. (Source: U.S. Gain, PR, 15 June, 2020)
Contact: Testa Produce, www.testaproduce.com; U.S. Gain, Ross Finlan, Business Development Manager, Bryan Nudelbacher, Dir. RNG Business Development, 920.381.2190; Stephanie Lowney, Director of Marketing & Innovation, slowney@usgain.com, www.usgain.com
More Low-Carbon Energy News U.S. Gain, RNG, Natural Gas, Alternative Fuel,
"This long-awaited move unlocked the door to future demand growth for ethanol and corn. It also meant consumers would have increased access to cleaner and more affordable fuel options at the pump.
"Just as expected, the marketplace responded quickly. In the year since the red-tape barrier was removed, E15 sales are up 50pct.
"But E15 growth would have been exponentially larger if not for your EPA continuing to excuse oil refiners from their legal obligations to blend renewable fuels. As we told you a year ago, EPA's refinery waivers have caused devastating demand losses for ethanol and corn, and they under mine the expansion of E15.
"Even after a federal court overturned some refinery waivers in January, your EPA continues to receive dozens of exemption requests from oil companies. EPA is now even considering giving retroactive waivers for years that pre-date your administration.
"This needs to stop. It is hurting farmers, costing consumers, and derailing progress on energy and environmental security.
"The economic pain in farm country caused by these refinery waivers was compounded this spring—first by the Saudi-Russia oil price war, and then by the COVID-19 pandemic. As a result of this 'perfect tsunami,' half of the ethanol industry was recently shut down, leading to layoffs across rural America. The ethanol industry and farmers are hurting like never before.
Mr. President, we need your help. We ask that you stand up for the Renewable Fuel Standard. Please direct your EPA to abide by the January court ruling and end the abuse of the refinery waiver loophole.
"You stood by us, farmers, and consumers when you directed EPA to allow year-round E15. Now, we humbly ask that you stand with us again and ensure ethanol demand is not eroded by illegal refinery waivers. Thank you,"
Geoff Cooper, Pres. & CEO Renewable Fuels Associationwww.EthanolRFA.org
More Low-Carbon Energy News RFS news, Refinery Waivers news, Biofuel Blend news, RFA news,
"We are writing to request further information about petitions reportedly received by the U.S. EPA from small refiners seeking exemption from the Renewable Fuel Standard (RFS) for past compliance years.
"The petitions in question were discussed during your testimony before the Senate Environment and Public Works Committee on May 20, 2020. On the same day, U.S. DOE Under Secretary Mark Menezes confirmed that EPA is 'send[ing] over' past-year petitions for DOE review. Mr. Menezes described the petitions as 'gap filings' intended to reconstitute after-the-fact a continuous string of exemptions for select oil companies 'to be consistent with the Tenth Circuit decision.'
"This attempt to circumvent the courts and the RFS should be rejected out of hand. Even if EPA granted retroactive 'gap' exemptions without simultaneously returning the number of RINs associated with the exemption to the petitioner, such exemptions would be inconsistent with EPA's own policies and regulations, legal precedent, and Congressional intent.
"These 'gap filings' appear to be little more than the latest in a string of oil industry tactics designed to subvert the law and sidestep a court order to uphold the RFS.
Read the full letter HERE. (Source: Renewable Fuels Assoc., 9 June, 2020) Contact: RFA, www.fuelsamerica.org
More Low-Carbon Energy News Renewable Fuels Association, RFS Waiver, RFS, RFA, Ethanol, Ethanol Blend,
"Demand for renewable diesel, as well as other lower carbon fuels, is growing and taking market share based on both consumer preferences and support from substantial federal and state government incentive programs," according to a statement from HollyFrontier CEO Mike Jennings.
(Source: HollyFrontier, PR, Bloomberg, 3 June, 2020)
Contact: HoolyFrontier, Craig Biery, Inv. Relations, 214-954-6510, www.hollyfrontier.com
More Low-Carbon Energy News HollyFrontier, Renewable Diesel, Biouel Blending, RFS,
"We are writing to urge you to uphold the Renewable Fuel Standard (RFS) and immediately reject the requests for a waiver of the RFS under Section 211(o)(7) of the Clean Air Act recently received by the Environmental Protection Agency(EPA) from five state governors.
"Across our states, biofuels lower fuel prices, create hundreds of thousands of jobs in the new energy economy, many of which are in rural areas, provide an important market for farmers, cut our reliance on foreign oil, reduce emissions and harmful air pollutants, and provide critical inputs to our food supply.
"Our nation is facing unprecedented challenges as a result of the global health pandemic caused by COVID-19, with the impacts being felt across all of society. Waiving the RFS would cause further harm to the U.S.economy, especially our most vulnerable rural communities. It would also exacerbate the effects experienced by the biofuel sector as a result of COVID-19, causing far-reaching detrimental impacts on employment, farmers, food security, fuel prices, and the environment. The resiliency of America's renewable fuel industry has already suffered as a result of the EPA's drastic expansion of the small refinery waiver program in recent years.
"The U.S. Department of Homeland Security identified the biofuels sector as an essential critical infrastructure workforce during the COVID-19 response. However, as motor fuel demand has plummeted, prices have slumped to record lows and producers are suffering heavy losses. At this point more than 70 ethanol facilities with an annual production capacity of 6.1 billion gallons have been fully idled, and approximately 70 more plants have reduced their operating rates by a combined amount of 1.9 billion gallons annualized. At least 46 pct of the ethanol industry's total production capacity is now idled, and eight biodiesel and renewable diesel facilities remain offline. Highly-skilled jobs across the country are being lost at an alarming rate.
"Biofuel plant closures have ripple effects through the U.S. economy. Farm income is directly linked to the health of the renewable fuel industry. Plant shutdowns are causing commercial CO2 supply shortages and inhibiting the ability of meat packers and other food sectors to refrigerate, preserve,and supply food and beverages at current, affordable rates. Ethanol plants also produce low cost, high-protein animal feed (distillers grains). Supply shortages as a result of biofuel plant closures are impacting livestock feed procurement, rations, and prices. Biodiesel producers provide value to surplus and waste oils, fats and greases from food, feed and other biofuel production. Without the biodiesel industry, excess feedstocks will clog the supply chain, causing livestock producers to potentially raise prices for consumers. Removing biofuels from gasoline and diesel will also lead to an increase of greenhouse gas emissions, particulate matter, and toxics-causing degradation to our air quality.
"Recent requests for a waiver of the RFS are unjustified and clearly do not satisfy the rigorous requirements necessary for EPA consideration. RFS waivers can only be granted by EPA if there is a demonstration of 'severe harm' to the economy or environment of a state, region or the United States that is directly caused by the RFS. None of these standards are met today and the following reasons clearly demonstrate the case for rejecting the waiver requests:
"We urge you to direct the EPA to reject all calls to waive the RFS. The RFS is more important now than ever as farmers, the biofuel sector, and rural America struggle to remain operational during the COVID-19 crisis." (Source: US Senate, 8 May, 2020)
More Low-Carbon Energy News RFS, Renewable Fuel Standard, "Hardship" Waiver,
The Trump EPA previously waived $350 million in biofuels compliance costs for PES after its initial bankruptcy in 2018.
As reported in Jan., Philadelphia-headquartered bioenergy developer SG Preston dropped its previously expressed interest in redeveloping the shut-down fire-damaged 335,000 bpd Philadelphia refinery, which is now being sold by creditors for $252 million and redeveloped under a bankruptcy court approved plan. (Source: Various Media,Reuters, May, 2020)
More Low-Carbon Energy News Philadelphia Energy Solutions, RFS, Biofuel Blend, RINs,
According to the Energy Information Administration (EIA) the states currently under the COVID-19 pandemic "stay at home orders" account for 95 pct of US fuel demand. Meanwhile, ethanol market producers and players say that it is a "convenient reason for them (oil refiners) to escape a US law", and that doing so would further harm ethanol demand.
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: Various Trade Media, ICIS, 17 April, 2020)
More Low-Carbon Energy News RFS, Hardship Waiver, Biofuel Blend,
In this tender, a project is expected to have two components -- a solar photovoltaic (SPV) system or a wind energy system or a hybrid system of both technologies, Projects selected under this RfS were eligible for two-part tariffs: Peak Tariff and Off-Peak Tariff.
(Source: SECI, Energy Infra Post, 19 April, 2020) Contact: Solar Energy Corporation of India, +91 011 7198 9200, corporate@seci.co[.in,
www.seci.co.in
More Low-Carbon Energy News Solar Energy Corporation of India,
Since the pandemic's onset, the oil industry has asked for broad regulatory relief to help it survive sharply reduced global demand for fuel and to lower related costs.
(Source: US EPA, Reuters, 27 Mar., 2020) Contact: US EPA, Andrew Wheeler, Administrator, www.epa.gov/aboutepa/epas-acting-administrator
More Low-Carbon Energy News US EPA, Andrew Wheeler, Renewable Fuel Standard,
"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, corninfo@ncga.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 ,
Following the Bloomberg report, renewable fuel credits for 2019 traded at 35 cents each , up 7 cents while credits for 2020 traded at 40 cents each.
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: Various Media, Successful Farming, Reuters, 26 Feb., 2020)
More Low-Carbon Energy News Renewable Fuel Standard, RFS, "Hardship" Waiver,
"The plan to reach 30 pct for biofuels in 2050 is especially troubling. The USDA's historic approach to 'market-driven blend rates' has been to aggressively pursue unachievable biofuel mandates that put manufacturing jobs at risk, result in more emissions and create a reliance on foreign fuels. Ethanol is cheaper than gasoline and does not need a mandate. If the USDA is truly interested in 'market driven' approaches, it should advocate eliminating the renewable fuel standard (RFS) so that renewable energy can economically compete on its own, rather than trying to promote mandates that drive quantities of ethanol-laced fuels that consumers may not want, while putting jobs at risk and raising costs at the pump. In fact, the blend rate is gradually increasing despite falling renewable identification numbers and small refinery exemptions. This shows that ethanol is economic on its own and that markets, not mandates, should determine our nation's fuel mix.
"Calling for a 30 pct biofuels goal for 2050 is not something that should be coming out of the Trump administration. It sounds like an objective of the $93 trillion Green New Deal which President Trump and every free market and taxpayers group including CAGW has said is both unachievable and devastating to the economy. The USDA should withdraw its proposal and the RFS should be eliminated."(Source: The Waste Watcher - Against Government Waste , 21 Feb. 2020) Contact: The Waste Watcher -Against Government Waste www.cagw.org
More Low-Carbon Energy News USDA, Biofuel Blend, RFS,
"Today's recognition by USDA and Secretary Perdue's unwavering support will help drive biofuel innovation in the coming years and decades. We look forward to continuing our longstanding working relationship with USDA to ensure that Americans across the country have expanded access to cleaner fuels like E15 and E30 at the pump."
Growth Energy is the leading biofuel trade association in the country. We represent producers and supporters of ethanol who are working to bring consumers better choices at the fuel pump, grow America's economy, and improve the environment for future generations. Our growing membership base now represents nearly half of all American ethanol plants along with many of the largest and most prominent fuel retailers in the country and the industry's top associate members whose businesses support the ethanol industry, according to the Growth Energy website.(Source: Growth Energy, 21 Feb., 2020) Contact: Growth Energy, Emily Skor, CEO, Elizabeth Funderburk, (202) 545-4000, EFunderburk@GrowthEnergy.org, www.growthenergy.org
More Low-Carbon Energy News USDA, Growth Energy, Biofuel, Biofuel Blens, RFS,
Under the Renewable Fuels Standard (RFS) refineries are presently required to blend 20.09 billion gallons of biofuel in 2020 – roughly 10 pct of projected crude oil production, according to the U.S. Energy Information Administration.
(Source: KLO, Various Media, Reuters, 20 Feb., 2020)
More Low-Carbon Energy News USDA news, RFS news, Ethanol news, Ethanol Blend news,
According to Reuters, the company's new game plan is in response to an uncertain ethanol market outlook, the Trump administration's continued issuance of RFS ethanol blending "hardship waivers" and an almost 20 pct drop in revenues from ethanol sales in 2019.
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 waiver request for an exemption was denied.
(Source: Green Plains, Successful Farming, Feb., 2020)Contact: Green Plains, Jim Stark, VP-IR, (402) 884-8700, www.gpreinc.com
More Low-Carbon Energy News Green Plains Inc., DDGs, Ethanol, RFS,
Oberon Fuels, which raised over $30 million in private funding since 2010, received $2.9 million in California grant funding to upgrade its existing DME pilot facility to demonstration scale and facilitate -- the first production of rDME in the U.S., with a target production capacity of approximately 1.6 million gpy of DME.
DME is approved as a renewable fuel under the U.S. EPA Renewable Fuels Standard (RFS), and is eligible for RIN credits when made from biogas by the Oberon process. California Air Resources Board (CARB) has estimated that dairy manure converted to DME by the Oberon process has a CI of -278 gCO2e/MJ compared to ultra-low-sulfur diesel which has a CI of 100 gCO2e/MJ, according to the company.
(Source: Oberon Fuels, PR, Feb., 2020) Contact: Oberon Fuels, Ruben Martin, CEO, 619.255.9361,
619.756.6470 - fax,
info@oberonfuels.com www.obersonfuels.com; SHV Energy,
Bram Graber, CEO, +31 (0) 23 5555 700, +31 (0) 23 5555 701 - fax., www.shvenergy.com
More Low-Carbon Energy News Oberon Fuels, SHV Energy,
The data also suggests that the impact of small refinery "hardship" waivers under the RFS took a toll on the industry. On a per-station basis, sales of E15 were lower in the first few months of 2019 than during the same period the year before. This change can be attributed to the fact that the EPA granted numerous exemptions under the RFS to small refineries, causing the price of RFS compliance credits (RINs) to fall. thus reducing the incentive for retailers to offer blends of fuel with higher ethanol content, reducing their ability to discount higher blends relative to gasoline.
The full RFA analysis is HERE (Source: RFA, 4 Feb., 2020)
Contact: RFA, Scott Richman, Economist, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News Renewable Fuels Association, RFA, Ethanol, Ethanol Blend,
The court ruled the EPA cannot "extend” exemptions to any small refineries whose earlier, temporary exemptions had lapsed" as was the case in the three over ruled exemptions.
Geoff Cooper, President and CEO of the Renewable Fuels Association (RFA)noted: "The Court has affirmed our long-held position that EPA's recent practices and policies regarding small refinery exemption extensions were completely unlawful. And while the decision addresses three specific exemptions, the statutory interpretation issues resolved by the court apply much more broadly."
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.
(Source: Various Media, Agri-Pulse, 28 Jan., 2020) Contact: Renewable Fuels Association, Geoff Cooper, (202) 289-3835, www.ethanolrfa.org
More Low-Carbon Energy News Renewable Fuels Association, RFA, RFS, "Hardship" Waiver, Ethanol Blend,
The U.S. Court of Appeals for the 10th Circuit dated Jan. 24 came after a coalition of biofuel industry groups had challenged the 2016 exemptions for Holly Frontier's Woods Cross and Cheyenne refineries, as well as CVR Energy's Wynewood refinery.
The court ruled the EPA overstepped its authority and errored in granting the waivers because the refineries had not received exemptions in the previous year. The court said the RFS is worded in such a way that any exemption granted to a small refinery after 2010 must take the form of an "extension".
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. (Source
(Source: Successful Farming, Various Media, Reuters, 25 Jan., 2020)
More Low-Carbon Energy News RFS, Renewable Fuel Standard, "Hardship" Waiver,
In its Jan. 10 reply, the GAO accepted the request as being within the scope of its authority and assigned Mark E. Gaffigan, managing director of Natural Resources and Environment to begin the investigation shortly.
"Granting more than 80 small refinery exemption waivers isn't just something this administration can sweep under the rug," Finkenauer said in a statement announcing the GAO investigation.
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.
(Source: Office of US Rep. Abby Finkenaur, 10 Jan., 2020) Contact: Office of US Rep. Abby Finkenaur , https://finkenauer.house.gov/sites/finkenauer.house.gov; U.S. Government Accountability Office, (202) 512-3000,
contact@gao.gov, www.gao.gov
More Low-Carbon Energy News Renewable Fuel Standard, "Hardship" Waiver,
In its appeal, Suncor, which received waivers for what were previously two refineries in Commerce City, Colorado, argued the agency's action was "arbitrary, capricious, and not otherwise in accordance with law." The EPA reportedly rejected Suncor's petition because the refineries no longer meet EPA's definition of a small refinery, which produces 75,000 bpd or less. Suncor previously received waivers for what were two small refineries, one that produced nearly 33,000 bpd and another at nearly 67,000 in 2018. The refineries were among the original facilities to receive waivers in 2006.
According to the company's website, since 2006, Suncor has been making a significant impact in Canada's emerging biofuels industry. Suncor is using revenues from oil sands development to invest in biofuels, particularly ethanol produced from corn. Ethanol is a cleaner burning, renewable resource. The ethanol production industry is expanding in Canada and the United States. New government regulations require that a percentage of ethanol be blended into fuels to reduce the environmental impacts of vehicle emissions. Suncor operates Canada's largest ethanol facility -- the St. Clair Ethanol Plant in the Sarnia-Lambton region of Ontario. (Source: Suncor Energy, DTN, 6 Jan., 2019) Contact: Suncor Energy USA, 303-793-8000, www.suncor.com
More Low-Carbon Energy News Suncor Energy , RFS, "Hardship Waiver",
The petition notes: "The Clean Air Act's Renewable Fuel Standard (RFS) program requires EPA to undertake annual notice-and-comment rule making to determine a 'renewable fuel obligation' for the nation's transportation fuel supply. The first of three annual 'required elements' is to determine the point of obligation -- i.e., to ensure that the obligation shall be applicable to refineries, blenders, and importers, as appropriate. EPA admits that it initially placed the point of obligation on refineries and importers, but not blenders, for reasons of administrative convenience. EPA has repeatedly refused to re-examine that placement in annual rule making, and it denied petitions for rule making seeking reconsideration out-side the statutorily-mandated annual assessment."
The petition specifically questions: whether the requirement that EPA "shall" make a "calendar year" determination of the "appropriate" point of obligation requires EPA to consider in each annual rule whether the point of obligation remains appropriate.The petition also questions whether EPA can evade the annual duty by partitioning the point of obligation into a one-time collateral proceeding that ignores key evidence,relies primarily on the agency's own convenience, and claims more deference from a reviewing court than an annual rule would receive. (Source: AFPM Website, Valero Energy, Ethanol Producer, 6 May, 2019) Contact: American Fuel and Petrochemical Manufacturers, www.afpm.org; Valero Renewable Fuels, Joe Gorder, Pres., (800) 324-8464, www.valero.com
More Low-Carbon Energy News American Fuel and Petrochemical Manufacturers , RFS, Point of Obligation, Valero Energy ,
Download the full Advanced Biofuel Payment Program
HERE (Source: USDA Rural Business-Cooperative Service, USDA, 27 Dec., 2019) Contact: Rural Business-Cooperative Service, Bette Brand, Admin., (202) 690-4730, 202-690-4737 - fax., www.rd.usda.gov
More Low-Carbon Energy News USDA, RFS, Advanced Biofuel,