DC Court Decision Reverses Year-Round E15 Rule

Cindy Zimmerman

The D.C. Circuit Court of Appeals handed down a decision Friday that impacts the year-round sale of 15% ethanol blended fuel (E15) to the great disappointment of the ethanol industry.

The decision reverses a 2019 rule by the Environmental Protection Agency that lifted outdated restrictions on the sale of E15 in a case brought by the American Fuel & Petrochemical Manufacturers. The Renewable Fuels Association, Growth Energy, and the National Corn Growers Association were intervenors on behalf of EPA in the case.

“We disagree with the court’s decision to reject EPA’s move to expand the RVP waiver to include E15, a decision that could deprive American drivers of lower carbon options at the pump and would result in more carbon in the atmosphere,” the organizations stated in a joint release. “We are working to ensure the continuity of E15 sales through the 2021 summer season and beyond. This decision could impact summertime sales across all non-RFG areas where nearly two-thirds of retail sites offering E15 currently do business. If E15 in those markets were to end, summertime E15 sales would fall by 90%.”

The industry will be pursuing all available options “to ensure that we have a solution in place before the 2022 driving season.”

RFA President and CEO Geoff Cooper says the decision is a heavy blow to the ethanol industry, retailers across the country, and consumers looking for cleaner, greener fuel options. “If, as a result of this decision, EPA were to return to the summertime ban on E15, it would reverse the tremendous progress we’ve made on reducing GHG emissions from transportation, growing markets for America’s farmers, and lowering fuel costs for consumer,” said Cooper. “It is sadly ironic that the refiners crying about high RIN credit prices and tight RIN stocks are the same refiners that are trying to halt E15 expansion and artificially constrain the supply of RINs. This is just another case of refiners cutting off their nose to spite their face. But in the end, we are confident that global outcry and demand for low carbon fuels will win out over the refiners’ deep pockets and their incessant campaign to protect dirty petroleum’s market share.”

E15, Ethanol, Ethanol News, Renewable Fuels Association, RFA

Klobuchar Introduces Bipartisan Biofuel Package

Cindy Zimmerman

U.S. Senator Amy Klobuchar (D-MN) has announced the introduction of a new package of bipartisan bills, along with Senators Joni Ernst (R-IA) and John Thune (R-SD), to expand the availability of low-carbon renewable fuels, incentivize the use of higher blends of biofuels, and reduce greenhouse gas emissions.

The legislation, supported by the Renewable Fuels Association (RFA) and American Coalition for Ethanol, includes the Biofuel Infrastructure and Agricultural Product Market Expansion Act, which would expand the availability of low-carbon renewable fuels in the marketplace by providing for federal investment in renewable fuel infrastructure like blender pumps and storage tanks.

The Clean Fuels Vehicle Act would incentivize the manufacture of Flex Fuel Vehicles (FFVs) capable of utilizing higher blends of clean fuels. The bill would create a $200 refundable tax credit for each FFV manufactured for the light duty vehicle market. The credit would be made available to Original Equipment Manufacturers (OEMs) and sunset after a period of 10 years.

Finally, the Low Carbon Biofuel Credit Act introduced with Sen. Thune would create a tax credit for each gallon of fuel containing 15 percent or greater ethanol content (E15) and would allow an ethanol blender or fuel retailer to claim a five cent tax credit for each gallon of E15 blended or sold and a 10 cent tax credit for each gallon greater than E15 blended or sold. Reps. Cindy Axne (D-IA) and Adrian Smith (R-NE) introduced similar legislation in the House.

ACE, Biodiesel, biofuels, Ethanol, Ethanol News, Renewable Fuels Association, RFA

Senators Urge President Biden to Keep Biofuels Promises

Cindy Zimmerman

A group of six U.S. senators, led by Sen. Joni Ernst (R-IA), are holding President Biden accountable for the promises he made on the campaign trail to support biofuels producers and farmers in light of recent reports about his consideration of favors to the oil industry.

In a letter, the senators reminded Biden, “During your campaign for President, you indicated your support for biofuel and your intent to ‘promote and advance renewable energy, ethanol and other biofuel.’ […] Yet now that you are president, having no doubt heard the same tired and debunked complaints from big oil refiners about the Renewable Fuel Standard (RFS) harming them, you are reportedly considering bailouts for these refineries, which would undermine the biofuel industry and the family farmers who rely on it.”

The senators urge the president to resist oil industry demands to undercut the RFS, by either reducing annual blending obligations, or any by other means that destroys demand for clean renewable ethanol and biodiesel. “The farmers and biofuel industries in our states would welcome the same access to your National Climate Advisor to discuss shared priorities.”

Biodiesel, biofuels, Ethanol, Ethanol News

Ethanol Report – RFA Summer Ethanol Promotions

Cindy Zimmerman

It’s summertime and Americans are celebrating by hitting the road again after being mostly stuck at home last year.

The Renewable Fuels Association is also celebrating by bringing back the ‘Ethanol Days of Summer’ Contest offering weekly drawings for $100 in free fuel to participants for reporting prices of E15 and E85 on E85prices.com or on the E85Prices.com app

In this edition of the Ethanol Report, RFA Vice President of Industry Relations Robert White talks about this and other summertime ethanol promotional and educational activities.

Ethanol Report 6-30-21 (13:53)

The Ethanol Report is a podcast about the latest news and information in the ethanol industry that has been sponsored by the Renewable Fuels Association since 2008.

Choose an option to subscribe

Audio, Ethanol, Ethanol News, Ethanol Report, Renewable Fuels Association, RFA

ACE Conference Plans Accelerate

Cindy Zimmerman

The 34th annual American Coalition for Ethanol (ACE) conference is accelerating forward with plans for a live and in-person event August 18-20 in Minneapolis, Minnesota.

ACE Senior Director of Operations and Programming Shannon Gustafson says the theme of the conference is Accelerate and they are planning a wild ride for the conference this year to celebrate being back in person.

In addition to updates from ACE leadership, the conference will explore the Status of Clean Fuel Policies, Insights on Carbon: Navigating Verification and Measuring Project Value, Developing a Carbon Strategy, Calculating Your Carbon Intensity, Efficient Operational Strategies for Feed Diversification and Lower Carbon Intensity Score for Ethanol Biorefineries, and lots more. Registration is now open and there are still opportunities for industry sponsorships.

Find out more about the conference in this interview with Shannon, and here on the ACE website.

ACE 2021 preview interview Shannon Gustafson (5:24)

ACE, ACE Ethanol Conference, Audio, Ethanol, Ethanol News

SCOTUS Disappoints Biofuels Coalition with Ruling

Cindy Zimmerman

The U.S. Supreme Court today overturned a 2020 appellate court ruling that struck down three improper small refinery exemptions granted by previous EPA administrators, disappointing the coalition of renewable fuel and farm groups that brought the case. However, the industry remains hopeful that other elements of the original ruling that were unchallenged will discourage future abuses of the exemption program.

The decision stems from a May 2018 challenge brought against EPA in the U.S. Court of Appeals for the Tenth Circuit by the Renewable Fuels Association, the National Corn Growers Association, National Farmers Union, and the American Coalition for Ethanol. Working together as the Biofuels Coalition, the petitioners argued that the small refinery exemptions were granted in direct contradiction to the statutory text and purpose of the RFS.

In January 2020, the Tenth Circuit decided that EPA cannot “extend” exemptions to any small refineries whose earlier, temporary exemptions had lapsed. Regarding the intended definition of “extension,” the Supreme Court agreed with the refineries that it does not require “continuity.”

Still, the coalition is “optimistic that other elements of the Tenth Circuit decision, which were not reviewed by the Supreme Court, will compel the Biden administration and EPA’s new leadership to take a far more judicious and responsible approach to the refinery exemption program than their predecessors did.”

Irrespective of today’s decision, the Biofuels Coalition thanked President Biden and EPA Administrator Regan for taking swift action to rein in the previous administration’s mismanagement of the small refinery exemption program. After carefully reviewing the issue, new EPA leadership in February reversed the agency’s previous position and announced support for the Tenth Circuit decision. In April, EPA decided to revoke three last-minute refinery exemptions granted the day before President Biden’s inauguration; and in May, EPA announced it would cooperate with a Government Accountability Office investigation into the past administration’s adjudication of small refinery exemptions.

As of today, 70 small refinery exemption petitions remain pending with EPA, for the compliance years 2011-2020.

Post Update:

The four members of the coalition involved in the court case—the Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol, and National Farmers Union—held a conference call for news media to discuss the justices’ opinion and the ramifications for the Renewable Fuel Standard, the U.S. ethanol industry and American agriculture. You can listen to the call below which starts with prepared remarks and then Q&A with media.

PRESENTERS

You can listen to the call and download it here: Biofuels Coalition Conference Call (42:46)

ACE, Biodiesel, biofuels, corn, Ethanol, Ethanol News, NCGA, NFU, Renewable Fuels Association, RFA

NBB Members Highlight Policy Priorities

Cindy Zimmerman

The National Biodiesel Board delivered a letter to Congressional leaders this week signed by more than 50 companies outlining the industry’s policy priorities as industry representatives met virtually with lawmakers in the annual NBB Advocacy Day Fly-in.

Industry priorities include maintaining tax incentives for low carbon biofuels, supporting infrastructure to deliver more clean fuels to consumers, and optimizing the Renewable Fuel Standard to maximize environmental benefits. “As Congress develops legislation to address the nation’s infrastructure, climate and economic priorities, we ask that you support continued growth of the biodiesel and renewable diesel industry. U.S. biodiesel and renewable diesel producers are meeting America’s need for better, cleaner transportation fuels right now. We are also generating economic, environmental and health benefits for many states and communities,” the letter states.

The letter highlights the $17 billion annual economic impact of the biodiesel and renewable diesel industry, which employs more than 65,000 Americans. It also highlights the carbon benefits the industry delivers. In 2020, the United States used 3 billion gallons of renewable diesel and biodiesel, which achieves an average 74% reduction in carbon emissions compared to petroleum diesel. The industry also touted a recent study demonstrating the substantial reductions in health care costs and outcomes that communities can achieve by switching to biodiesel. The Health Health Benefits Study from Trinity Consultants Study from Trinity Consultants is available on the NBB.org website.

Biodiesel, NBB

Rep. Randy Feenstra is Passionate About Biofuels

Cindy Zimmerman

Rep. Randy Feenstra (R-IA) is new to Congress this year, winning the seat from Rep. Steve King in Iowa’s 4th congressional district. That district includes includes Sioux City, Ames, Mason City, Fort Dodge, Boone and Carroll so agriculture and biofuels are a big deal for Feenstra.

“I am truly passionate about biofuels and I will be the advocate to further the agenda,” said Feenstra in an interview last week from Washington, D.C. with reporter Tony St. James of Texas.

Feenstra recently joined Sens. Chuck Grassley (R-IA) and Joni Ernst (R-IA), and Reps. Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02), in sending a letter to President Biden urging him to uphold his promise to support biofuels.

“It is our hope that your Administration will come to the table to support the proven solution that biofuels provide to reduce carbon emissions in the transportation sector as quickly as possible,” the members wrote. “The Administration should support flex-fuel vehicles and cost-effective infrastructure improvements that will pave the way to higher biofuel blends.”

Learn more about Rep. Feenstra in this interview.
All Ag News interview with Rep. Randy Feestra (R-IA) (8:45)

Audio, Biodiesel, biofuels, Ethanol, Ethanol News

Oregon to Allow E15 Sales

Cindy Zimmerman

Oregon Gov. Kate Brown has signed into law legislation enabling the sales of 15 percent ethanol blended fuel (E15) in Oregon.

Under current law, Oregon requires that gasoline sold for use in motor vehicles be blended with up to 10 percent ethanol (E10). The new legislation sets 10 percent as a minimum, allowing for sale of fuel with higher concentrations of ethanol. This makes Oregon the 48th state to approve E15.

“Now, we have only two more states that need to take the same action—California and Montana—as well as some key counties in Arizona,” said Renewable Fuels Association president and CEO Geoff Cooper “We will continue to provide technical, regulatory, and legislative assistance as needed so their drivers, too, can drive on E15. We also continue our work in more than a dozen other states to ensure their rules and regulations are clearer and more explicit regarding the approved use of E15.”

E15 is currently offered at over 2,440 retail sites in 30 states and 230 terminals.

E15, Ethanol, Ethanol News, Renewable Fuels Association, RFA

IRFA Celebrates Monarch Habitat for Pollinator Week

Cindy Zimmerman

Members of the Iowa Renewable Fuels Association (IRFA) are celebrating Pollinator Week this year by highlighting the progress of their Monarch Fueling Stations.

Pollinator Week is recognized internationally as a time to celebrate and educate about the important role pollinators play around the world. Since 2017 IRFA members have been planting Monarch Fueling Stations, and to date over 48 acres of pollinator habitat tailored toward monarch butterflies have been planted.

“The fact that so many of our members have stepped up to help in the fight to protect Iowa’s pollinators is truly a testament to what biofuels is all about – supporting our communities and protecting our environment,” said IRFA Communications Director Cassidy Walter. “We are especially excited this summer because many of our members’ projects are mature enough now to really show some growth and start providing monarchs and other pollinators the food sources they need.”

In the early years of a monarch habitat plot, the plants do most of their growing under the ground, developing a strong root system. Throughout the week IRFA will be sharing photos and updates from IRFA member projects on Twitter, Instagram and Facebook.

The monarch butterfly population has declined in recent years. IRFA members’ habitat projects are a part of a statewide effort led by the Iowa Monarch Conservation Consortium to prevent the monarch butterfly from being listed as an endangered species.

Ethanol, Ethanol News, Iowa RFA, pollinators