Each of the mandates differ slightly. Yet, each result in elevated blend levels of Bioheat® fuel, including two of the mandates reaching B50 (50 pct biodiesel, 50 pct petroleum diesel):
Connecticut's mandate requires B5 by 2022, B10 by 2025, B15 by 2030, B20 by 2034 and B50 by 2035.
The Rhode Island mandate expands the B5 mandate to B10 by 2023, B20 by 2025 and B50 by 2030.
(Source: National Biodiesel Board, PR, 14 July, 2021) Contact: NBB, Floyd Vergara, Gov. Affairs, (800) 841-5849, www.nbb.org
More Low-Carbon Energy News National Biodiesel Board, Bioheat, Biodiesel,
"As Congress looks to jump-start economic growth, rebuild infrastructure and reduce carbon emissions, they can count on biodiesel and renewable diesel to help achieve those goals. Biodiesel production is supporting economic opportunities and job creation in rural communities across the country. NBB members sincerely thank Senators Grassley and Cantwell and Representatives Axne and Kelly, along with the 27 original cosponsors.
"The biodiesel tax credit continues to be extremely successful in expanding consumer access to clean, low-carbon fuels. Biodiesel and renewable diesel are on average 74 pct less carbon intensive than petroleum diesel and have cut more than 140 million tons of carbon emissions since 2010. Moreover, these cleaner, better fuels substantially cut emissions of particulate matter that impact cancer rates, asthma and other respiratory diseases, as well as the associated healthcare costs"
According to the NBB, the U.S. biodiesel and renewable diesel industry supports 65,000 U.S. jobs and more than $17 billion in economic activity each year. Every 100 million gallons of production supports 3,200 jobs and $780 million in economic opportunity. Biodiesel production supports approximately 13 percent of the value of each U.S. bushel of soybeans. (Source: NBB, PR, 25 May, 2021)
Contact: NBB, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.nbb.org
More Low-Carbon Energy News NBB, National Biodiesel Board, Biodiesel, Biofuel, Biodiesel Tax Credit,
Visit the Biodiesel Sustainability Now website HERE. (Source: National Biodiesel Board, PR, Website, 13 Jan., 2021) Contact: NBB, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board, Biodiese, NBBl,
"While we expect that numerous strategies can reduce the total volume of liquid fuel consumed for transportation, we will need liquid fuel for certain purposes for at least several decades." -- Kurt Kovarik, NBB VP of Federal Affairs , Nov, 2020. Contact: NBB, Paul Winters, Pres., Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.nbb.org
More Low-Carbon Energy News National Biodiesel Board news, Biodiesel news,
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,
"While we expect that numerous strategies can reduce the total volume of liquid fuel consumed for transportation, we will need liquid fuel for certain purposes for at least several decades." -- Kurt Kovarik, NBB VP of Federal Affairs , Nov, 2020. Contact: NBB, Paul Winters, Pres., Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.nbd.org
More Low-Carbon Energy News National Biodiesel Board, Biodiesel,
Supported by the United Soybean Board, U.S. Canola Association, and a dozen Qualified State Soybean Boards, this educational campaign allows NBB to reach key decision makers, and audiences who may be less familiar with the biodiesel and renewable diesel industry. Along with national buys, a major component includes targeted advertising in the Washington D.C., mid-Atlantic, and California markets.
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 ,
"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 ,
Under this partnership, five trucks owned by Archer Daniels Midland (ADM) will be outfitted with Pittsburgh-based Optimus Technologies' Vector fuel system, an innovative technology that enables diesel engines to run almost entirely on sustainable biodiesel. The trucks will be used in daily fleet operations for a yearlong period, with each vehicle anticipated to travel 160,000-180,000 miles and reduce up to 500,000 pounds of CO2. Advanced monitoring protocols will compare the performance and results of the new technology with five other trucks comprising a control group operating on conventional diesel. All biodiesel used in the project will come from ADM's refinery in Mexico, Missouri.
While nearly all diesel engine manufacturers support at least 20 pct biodiesel (B20), the Optimus Vector System is designed to allow conventional diesel engines to run on 100 pct biodiesel in a wide range of climates. The system is already in use in shorter-mileage, local fleet applications. This new project is designed to evaluate its use for longer-haul over-the-road fleets, potentially opening a pathway to significantly higher volumes of biodiesel in the U.S. truck fleet.
Optimus' technology coupled with ADM's fuel provides heavy-duty fleets an immediate pathway to reduce these emissions over 80%. While the promise of heavy-duty fleet electrification is still decades off, this project demonstrates the ease, low cost, and efficacy of integrating biodiesel into existing fleet equipment and operations.
In addition to ADM and Optimus, this project is supported by the American Lung Association, the National Biodiesel Board, the Illinois Soybean Association, and the Missouri Soybean Merchandising Council.
(Source: Optimus Technologies, PR, Website, 20 Feb., 2020) Contact: Optimus Technologies, Colin Huwyler, CEO, 412.727.8228,
888.727.2966 - fax, firstname.lastname@example.org,www.optimustec.com;
Archer Daniels Midland, www.adm.com
More Low-Carbon Energy News Biodiesel, Optimus Technologies, Archer Daniels Midland,
NBB VP of Federal Affairs, Kurt Kovarik noted NBB is "grateful to the USDA for following through on a pledge to support infrastructure projects that facilitate higher biofuel blends.
"American consumers are increasingly demanding access to clean, low-carbon, advanced biofuels, like biodiesel. We look forward to working with the USDA to strengthen the market for higher blends of biodiesel," Kovarik added. (Spource, NBB, NAFB, 1 Feb., 2020) Contact: NBB, Kaleb Little, Dir. Communications, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board,
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,
Nearly 80 pct expressed support for existing federal advanced biofuels programs, 78 pct support the federal tax incentive for biodiesel, and 79 pct support the Renewable Fuel Standard (RFS) while 79 pct would encourage local communities and governments to promote use of biodiesel.
(Source: NBB,Oct., 2019) Contact: NBB, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board, RFS, Biodiesel, Ethanol, Biofuel ,
"We are writing to express dismay at your recent decision to grant 31 waivers from the Renewable Fuel Standard (RFS) program. Plainly stated, that decision is putting U.S.biodiesel producers out of business and worsening the year's outlook for soy farmers. And while you have expressed concern to save small petroleum refineries, you should also understand that small U.S. biodiesel producers need a positive signal.
"Within a week of your decision on the 31 waivers, one U.S. biodiesel producer announced plans to close three plants -- in Pennsylvania, Georgia, and Mississippi. Other producers have announced closings and laid off workers. More than 200 million gallons of domestic biodiesel production has been idled this year, due to instability in federal policy. We anticipate that additional facilities will close over the next several months if you do not take quick action to restore RFS volumes for biodiesel and renewable diesel.
"Every small refinery waiver issued by the EPA has the potential to put a U.S.biodiesel producer out of business. A small oil refiner processing 75,000 barrels of oil per day can produce nearly 1 billion gallons of fuel in a year. The RFS program requires that oil refiner blend about 20 million gallons of biodiesel or renewable diesel during the year -- a very small fraction of overall fuel production. However, there are dozens of biodiesel producers who produce 20 million gallons of fuel or less each year; three-fifths of U.S. producers are small, non-integrated facilities.
Small refinery waivers destroy demand for all biofuels across the board, with a significant impact on domestic biodiesel and renewable diesel producers. According to University of Illinois economist Scott Irwin, the exemptions especially harm biodiesel and renewable diesel producers because of the way the RFS is constructed. The 1.4 billion gallons of renewable fuel eliminated from the 2018 RFS through the 31 waivers includes hundreds of millions of gallons of biodiesel and renewable diesel in the biomass-based diesel, advanced and overall volumes.
"The small refinery exemptions are compounding the policy headwinds our industry is facing. Biodiesel producers have waited more than 20 months for Congress to address expired tax incentives. Additionally, your U.S. Department of Commerce is proposing to virtually eliminate countervailing duties on unfairly subsidized Argentine biodiesel. Those duties were put in place to counteract years' worth of unfair trade practices by Argentina. Soy farmers have faced closed markets, depressed crop prices, and weather-related challenges. Those forces have reduced soy planting by 15 percent for the current marketing year. Biodiesel is a value-added market driver for America's soybeans, at a time when markets have been shut or diminished.
"The biodiesel industry continues to rely on the RFS to incentivize growth. Biodiesel and renewable diesel can be used in any existing diesel engine without special equipment for blending or dispensing. Producers therefore rely on a positive signal and support from federal programs to continue opening the transportation market to higher volumes.
"Biodiesel producers and soy farmers rely on the RFS program. Growth in the biodiesel market is the only way to keep domestic producers operating and protect U.S. workers' jobs. Unfortunately, EPA is proposing zero growth for biomass-based diesel. We have asked the agency to do two things: first, properly account for the small refinery exemptions handed out over the past few years and going forward; and second, provide growth in the biomass-based diesel market for 2020 and 2021.
"We ask that you continue to support the RFS and save small biodiesel producers. (signed) National Biodiesel Board (NBB)" (Source: NBB, 9 Sept., 2019) Contact: NBB, Donnell Rehagen, CEO, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News NBB, Biodiesel, RFS,
The Court nixed the NBB's appeal on the grounds that the biofuel industry did not comment on the topic or give the EPA sufficient opportunity to address those comments. (Source: NBB, Biofuels News, 9 Sept., 2019)
More Low-Carbon Energy News NBB, Biodiesel, RFS, "hardship" Waivers,
"Biodiesel producers are already shutting down facilities and laying off workers, due to loss of demand. The ongoing demand destruction will undercut the industry's investments and choke off markets for surplus agricultural oils, adding to the economic hardship that farmers are facing. The Trump administration's action represents a fundamental betrayal of previous promises to farmers and the agricultural economy." (Source: National Biodiesel Board, 10 Aug., 2019) Contact: NBB,
Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board, EPA, RFS,
Biodiesel is key to the state meeting its Low Carbon Fuel Standard. The California Air Resources Board claims that biodiesel reduces greenhouse gases by at least 50 pct, and up to as much as 81 pct , compared to petroleum.
The California State Water Resources Board ruled that a 20 pct blend of biodiesel (meeting the ASTM standard for B20, D7467) "shall be recognized as equivalent to diesel for the purpose of complying with existing approval requirements for double-walled USTs, unless any material or component of the UST system has been determined to not be compatible with B20."
The regulation comes into force from 1 October 2019.
(Source: California State Water Board, California Advanced Biofuels Alliance,
Biofuels Int'l, 7 Aug., 2019)
Contact: California State Water Board, www.waterboards.ca.gov; NBB, Donnell Rehagen, CEO, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org;
California Advanced Biofuels Alliance,
More Low-Carbon Energy News Biodiesel, National Biodiesel Board, NBB, California Advanced Biofuels Alliance.,
"America's farmers and rural communities are facing a mounting economic threat. With your leadership, Congress can help mitigate the crisis by taking immediate action on a policy that enjoys bipartisan, bicameral support. We are writing today to ask you to renew and extend the biodiesel tax incentive at the earliest opportunity.
"Income for America's farmers is falling, and the impact is beginning to be felt in other sectors of the rural economy. Biodiesel production adds value to oil seed crops and recycled oils, providing one bright spot for the agriculture sector. Congress can take rapid action to renew the biodiesel tax incentive -- a policy that enjoys broad bipartisan support -- to help U.S. biodiesel producers continue growing."
The letters group include the Agricultural Retailers Association, American Farm Bureau Federation, American Soybean Association, CoBank, Corn Refiners Association, Farm Credit Council, National Biodiesel Board, National Council of Farmer Cooperatives, National Farmers Union, National Oilseed Processors Association, National Renderers Association, National Sorghum Producers, and U.S. Canola Association.
A copy of the letter is available for download HERE. (Source: National Biodiesel Board , KTIC, 22 May, 2019) Contact: National Biodiesel Board,
Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News Biodiesel, National Biodiesel Board, NBB,
"The proposed RIN market reforms are unnecessary, as EPA has yet to see data-based evidence of RIN market manipulation. Reforming a system that, while certainly not perfect, is working as intended with no evidence of manipulation has the potential to disrupt and even undermine the system that obligated parties use to demonstrate compliance with the RFS. We ask that the agency use this proposed rule as an opportunity to provide transparency to the small refinery exemption process and address the timing of granting these exemptions. Increasing transparency in the small refinery exemption process is what is actually needed to prevent manipulation in the RIN market.
"Right now, retroactive small refinery exemptions are having the most negative impact on RIN markets, destroying demand for more than 360 million gallons of biodiesel and renewable diesel. Rather than unneeded reforms that could further disrupt the RIN market, EPA should increase transparency around the small refinery exemptions, end its practice of encouraging retroactive petitions, and ensure that annual volumes that it set are met,"Kurt Kovarik, VP federal affairs, added.
(Source: NBB, 30 April, 2019) Contact: NBB, Donnell Rehagen, CEO, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board, E15, RINs ,
According to NBB CEO Donnell Rehagen, the U.S. came out on top regarding an anti-dumping charge against Argentina and Venezuela and are now challenging their appeal of that decision.
Rehagen says their goal this year on the domestic front is convincing Congress to enact a long term biodiesel tax credit.
Rehagen says they also want to work with the EPA to make improvements in the RFS that would benefit biodiesel producers and farmers. (Source: NBB, WNAX,28 Jan., 2019) Contact: National Biodiesel Board, Donnell Rehagen, CEO, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board , Biodiesel, Biofuel,
Congress retroactively extended the tax incentive for 2017 in February 2018, leaving it expired for this year and beyond. The letter welcomes a recent proposal for a seven-year extension of the tax incentive.
Download the NBB letter HERE. (Source: National Biodiesel Board, 11 Dec., 2018) Contact: National Biodiesel Board, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News NBB, RFS, National Biodiesel Board,
"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 ,
The National Biodiesel Board (NBB) welcomes Brady's proposal:
"The biodiesel industry has long advocated for a long-term tax extension to provide certainty and predictably for producers and feedstock providers. Too often, the credit has been allowed to lapse and then reinstated retroactively, which does not provide the certainty businesses need to plan, invest, and create jobs. We (MBB) appreciate the recognition that the biodiesel industry is integral to our domestic energy needs through this long-term extension. We look forward to working with our supporters on Capitol Hill to ensure that consumers, producers and marketers benefit from a long-term, forward-looking pro-growth tax policy," according to NBB VP for Federal Affairs, Kurt Kovarik. (Source: National Biodiesel Board, Ohio AG, 28 Nov., 2018) Contact: NBB, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board, Biodiesel, Biodiesel Tax Credit ,
"We welcome the administration's proposal to grow the biodiesel volumes, following two flat-lined years. This is a positive signal for our industry and we're pleased the EPA has acknowledged our ability to produce higher volumes. We've consistently demonstrated that we can do much more. The fact remains, though, instability in the RFS program caused by the EPA has done significant damage that can only be rectified for biodiesel through consistent and predictable growth in volumes, according to Kurt Kovarik, NBB VP Federal Affairs.
"Kovarik pointed to decisions by the EPA administrator to provide numerous (hardship) waivers to petroleum refiners that release them from their obligations under the RFS, effectively reducing the overall volumes under the program in 2016 and 2017. Those exemptions have effectively destroyed current demand for biodiesel by 300 million gallons.
"As a candidate on the campaign trail, Donald Trump pledged he would support biofuels and protect the RFS, Kovarik added. While this is just a proposal, we hope the administration is serious about growing biodiesel volumes and will fulfill the president's promise to support and grow the RFS.
The EPA proposed to raise the renewable volume obligations (RVO) for the biomass-based diesel category from 2.1 billion gallons in 2019 to 2.43 billion gallons in 2020. The agency also proposed to slightly increase the advanced biofuel category, for which biodiesel also qualifies, from 4.29 billion gallons in 2018 to 4.88 billion gallons in 2019.
"The RFS requires the EPA to grow the volume of advanced biofuels like biodiesel delivered to U.S. consumers. Since taking office, Trump's EPA has recommended zero growth for the biomass-based diesel category.
"This summer, 39 U.S. senators sent a letter to EPA Acting Administrator Andrew Wheeler urging him to increase biomass-based diesel and advanced volumes and accurately account for small refinery hardship exemptions in the annual RFS volumes. NBB specifically thanked Sens. Patty Murray, D-Washington; Roy Blunt, R-Missouri; Heidi Heitkamp, D-North Dakota; and Chuck Grassley, R-Iowa, for leading the letter.
"Noting that EPA proposes to set the 2020 biomass-based diesel volume at 2.43 billion gallons, the senators wrote, 'While these proposed increases are encouraging, these volumes continue to underestimate the existing potential of the biodiesel and renewable diesel industries in our states. We believe the biodiesel industry can do more and that EPA should demonstrate more confidence in the RFS program's ability to drive growth.' Comments from the senators and NBB demonstrate that the increased biomass-based diesel volume is achievable with available feedstocks. Calling on EPA to accurately account for small refinery hardship exemptions, the senators added, 'It is critical that EPA appropriately account for any small refiner economic hardship exemptions that it reasonably expects to grant during the 2019 compliance year in the final rule, or EPA will not be able to fulfill its duty to ensure RVOs are met.'
"We (NBB) join the senators in calling on EPA to raise biomass-based diesel volumes to an appropriate level that will drive additional growth. Biodiesel production has consistently exceeded the annual volume obligations set by EPA. The industry continues to operate below capacity, which limits job creation and economic growth. Moreover, EPA must fully and accurately account for small refiner hardship exemptions under the RFS. NBB estimates that the exemptions granted by EPA for 2016 and 2017 reduced demand for biodiesel and renewable diesel by about 300 million gallons. That lost demand is equal to or greater than the annual production of some of the nation's top biodiesel-producing states, including Washington, Missouri, North Dakota and Iowa. The volumes that EPA sets are meaningless if the agency does not ensure they are met at the end of the year.
"NBB and its members continue working to move the needle for higher volumes, meeting with the administration, working with biodiesel champions on the Hill, and collaborating with key industry stakeholders. The EPA is set to finalize volumes before Nov. 30." (Source: NBB, 24 Oct., 2018) Contact: NBB, Kurt Kovarik, VP Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News Renewable Fuel Standard, National Biodiesel Board,
The NBB brief is the first the courts will consider in arguing that EPA must account for all small refinery "hardship" exemptions -- including retroactively granted exemptions -- when it sets the annual RFS volumes and renewable volume obligations (RVOs).
The NBB brief claims the "EPA unlawfully failed to account for all small-refinery exemptions it awards, violating its duty to promulgate percentage standards that 'ensure' all aggregate volumes are met. Unaccounted for small-refinery exemptions reduce aggregate volumes, and EPA's approach creates a new, de facto waiver authority contrary to Congress's design. Despite knowing those consequences, EPA declines to adjust percentage standards to account for that shortfall, either before it is likely to happen or after it actually does."
The EPA has disclosed that it recently retroactively granted 48 small refinery hardship exemptions, reducing the 2016 and 2017 RVOs by a combined 2.25 billion RINs. In the brief, NBB notes that the exemptions reduced the 2016 RVOs by 4.3 pct and the 2017 RVOs by 7.5 pct.
Separately, NBB estimates the 2016 and 2017 exemptions reduced demand for biodiesel by more than 300 million gallons, potentially putting hundreds of new jobs at risk.
The NBB argues that EPA violated its duty to ensure that the annual volumes it sets are met and that the use of its cellulosic waiver authority to reduce the 2018 advanced biofuel RVO below the volume the agency determined would be reasonably attainable. The "EPA's view that it has unlimited discretion to do whatever it wants to the advanced-biofuel volume via the cellulosic waiver provision is not supported by this Court's precedents and would, if correct, render the provision unconstitutionally broad," the NBB brief states.
the NBB brief also argues that EPA set the 2019 biomass-based diesel volume based on factors that are not mentioned in the RFS statute, while disregarding factors that are in the statute. "EPA set the 2019 BBD volume nearly identically to how it set the 2018 volume, which NBB is challenging in a separate
proceeding. But the result here is even worse for the industry," NBB says in the brief. (Source: National Biodiesel Board , PR, 30 July, 2018) Contact: National Biodiesel Board, Kurt Kovarik, VP of Federal Affairs, (800) 841-5849, www.biodiesel.org
More Low-Carbon Energy News National Biodiesel Board , RFS, Biofuel Blend,