EPA Supports 10th Circuit Decision

Cindy Zimmerman

The Environmental Protection Agency (EPA) today announced support for last year’s U.S. Court of Appeals for the Tenth Circuit decision and interpretation of the Renewable Fuel Standard (RFS) small-refinery exemption provisions.

This conclusion, prompted by a detailed review following the Supreme Court’s grant of certiorari in the case, represents a change from EPA’s position before the Tenth Circuit. The change reflects the Agency’s considered assessment that the Tenth Circuit’s reasoning better reflects the statutory text and structure, as well as Congress’s intent in establishing the RFS program.

EPA now agrees with the Tenth Circuit that an exemption must exist for EPA to be able to “extend” it. EPA also agrees with the court that the exemption was intended to operate as a temporary measure and, “consistent with that Congressional purpose, the plain meaning of the word “extension” refers to continuing the status of an exemption that is already in existence.”

A joint statement from the coalition that brought the case (Renewable Fuels Association, National Corn Growers Association, American Coalition for Ethanol and National Farmers Union) calls the EPA decision “fantastic news for America’s biofuel producers, farmers, and consumers.”

“Our nation’s biofuel producers and farmers appreciate EPA’s careful review of the Tenth Circuit Court’s decision, and we are pleased the agency’s new leadership is reversing the previous administration’s flawed position on small refinery exemptions. This announcement marks a major step forward by the Biden administration to restore the integrity of the Renewable Fuel Standard and honor the intent of Congress. We wholeheartedly agree with EPA’s conclusion that the small refinery exemption was intended to be a temporary measure and we are pleased to see the agency confirming that only previously existing exemptions may be extended.”

ACE, Biodiesel, corn, Ethanol, Ethanol News, NCGA, NFU, RFA, RFS

Summit Agricultural Group Announces Major Carbon Project

Cindy Zimmerman

Summit Agricultural Group has announced the creation of Summit Carbon Solutions, expected to be the world’s largest carbon capture and storage project.

The goal of Summit Carbon Solutions is to accelerate the transition toward sustainable, renewable energy by dramatically lowering the carbon footprint of biorefineries and other carbon dioxide emission sources throughout the Midwestern region of the United States.

When fully developed, Summit Carbon Solutions will have an infrastructure network capable of capturing and permanently storing more than 10 million tons of carbon dioxide annually, which is equivalent to taking 2 million cars off the road per year. In addition to the project’s positive environmental impact, it will enhance the economic sustainability of the biofuels and agriculture industries, while providing tremendous benefits to communities across the Midwest in the form of significant private investment and job creation.

Summit Carbon Solutions has partnered with a select group of leading biorefiners located in Iowa, Minnesota, South Dakota, and North Dakota to execute the first phase of the project, which will put them on the path of ultimately delivering a net-zero-carbon fuel. In addition to biorefiners, Summit Carbon Solutions will partner with other industries throughout the Midwest that have carbon reduction goals to help them capture and store their carbon emissions.

American Coalition for Ethanol (ACE) CEO Brian Jennings said they are looking forward to supporting members companies who participate in this endeavor “to increase the value of their ethanol by improving their carbon footprint, supporting their rural communities, and helping the nation reach net-zero carbon emissions by mid-century.”

Summit Carbon Solutions, which will permanently store carbon dioxide in underground saline geologic formations, is expected to be operational in 2024.

ACE, Environment, Ethanol, Ethanol News, Sustainability

Biofuels Caucus Introduces RFS Integrity Act

Cindy Zimmerman

U.S. Representatives Angie Craig (D-MN) and Dusty Johnson (R-SD) led the Congressional Biofuels Caucus in introducing bipartisan legislation last week to ensure transparency and predictability to the Environmental Protection Agency’s small refinery exemption (SRE) process.

The Renewable Fuel Standard Integrity Act would require small refineries to submit a petition for a Renewable Fuel Standard (RFS) hardship exemption by June 1st of each year, allowing EPA to properly account for exempted gallons in the annual Renewable Volume Obligations set each November. The bill would also increase transparency by mandating the public disclosure of data surrounding SREs – a process that has previously been carried out behind closed doors with little to no congressional oversight.

American Coalition for Ethanol (ACE) CEO Brian Jennings thanked Reps. Johnson and Craig for reintroducing this bipartisan legislation. “This legislation is necessary because under President Trump, EPA brazenly granted nearly 90 waivers for small refineries, erasing over 4 billion gallons from the RFS volumes established by Congress. As of today, 66 additional refinery waivers are pending,” said Jennings.

Craig and Johnson were joined in introducing the RFS Integrity Act by Reps. Cindy Axne (D-IA), Rodney Davis (R-IL), Mark Pocan (D-WI) and Adrian Smith (R-NE). Rep. Craig’s recent appointment to the House Committee on Energy and Commerce will allow her to play a key role in fighting for its passage this year.

ACE, Biodiesel, Ethanol, Ethanol News

Ethanol Report 2-19-21

Cindy Zimmerman

This edition of the Ethanol Report features highlights from the 26th annual National Ethanol Conference (NEC).

First, we hear some of Renewable Fuels Association president and CEO Geoff Cooper’s annual State of the Industry address focusing on ethanol as essential energy. Rep. Cheri Bustos (D-IL) discusses her Next Generation Fuels Act, and former House Ag Committee Chair Collin Peterson comments on receiving the RFA Industry Award, and RFA Director of Market Development Cassie Mullen shares insight from her panel on tapping new markets for higher blends.

All of the content from the National Ethanol Conference is still available on-demand and registration will be open until March 5 for anyone who would like to experience every minute of the digital event.

Ethanol Report 2-19-21 (19:10)

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, National Ethanol Conference, Renewable Fuels Association, RFA

Biofuels Groups Oppose General RFS Waivers

Cindy Zimmerman

Biofuels organizations filed comments this week opposing requests from refiners, several state governors, and an environmental organization that the Environmental Protection Agency waive 2019 and 2020 Renewable Fuel Standard volumes.

“None of the petitions provides the required evidence that the RFS itself is causing economic or environmental harm. In fact, the requests point to the continuing coronavirus emergency as the cause of economic harm, rather than the RFS,” National Biodiesel Board (NBB) Vice President of Federal Affairs Kurt Kovarik said. “The petitions discount the economic harm that small biodiesel producers experience when the RFS program is delayed and destabilized. EPA should reject the petitions.”

American Coalition for Ethanol (ACE) CEO Brian Jennings noted that the RFS itself must be proven to be the cause of “severe economic harm” to justify a waiver, not outside factors such as the economic fallout from the COVID-19 pandemic, the primary argument made by the parties. “The pandemic-related shutdowns caused comparable economic harm to ethanol producers and virtually every other sector of the U.S. economy,” said Jennings.

“These waiver requests, which were rushed out the door by EPA one day before President Joe Biden was sworn in, never should have seen the light of day,” said Renewable Fuels Association President and CEO Geoff Cooper. “They do not satisfy any of the criteria established by the statute and they do not comply with past EPA guidance.”

ACE, Audio, Biodiesel, biofuels, EPA, Ethanol, Ethanol News, NBB, Renewable Fuels Association, RFA

New Uses for Ethanol Offer New Opportunities

Cindy Zimmerman

Last year’s National Ethanol Conference featured a panel on new uses for ethanol that was such a big hit it was back again this year for an encore.

Renewable Fuels Association Vice President for Technical & Regulatory Affairs Kelly Davis moderated a panel of innovators including:
Randy Cortright, National Renewable Energy Laboratory
Adam Belyamani, Saola Energy LLC
Paul Nooijen, ArenaRED

Davis talks about some of the exciting new ideas to help ethanol producers diversify.
2021 NEC Interview with Kelly Davis, RFA 11:32

Audio, Ethanol, Ethanol News, National Ethanol Conference, Renewable Fuels Association, RFA

Ethanol Helps Cut GHG Emissions, Support Economy

Cindy Zimmerman

The Renewable Fuels Association released two important studies in the past week related to ethanol’s impact on the environment and the economy.

For the environment, a new analysis finds the Renewable Fuel Standard (RFS) has slashed greenhouse gas emissions by almost a billion metric tons since it was implemented in 2008. The research was conducted for the Renewable Fuels Association by Stefan Unnasch and Debasish Parida of Life Cycle Associates. Unnasch took part in a National Ethanol Conference panel this week on ethanol’s role in the future of autos.

For the economy, despite the pandemic, the ethanol industry contributed $35 billion to the GDP and supported over 300,000 jobs in 2020.

The contribution to the national gross domestic product was 19 percent below the previous year, primarily as the result of lower output and lower prices, but still represents a significant contribution to the economy in terms of job creation, generation of tax revenue, and displacement of crude oil and petroleum products.

RFA Chief Economist Scott Richman discusses the findings of both reports in this interview.
2021 NEC Interview with Scott Richman on economic and GHG reports 5:22

Audio, Ethanol, Ethanol News, National Ethanol Conference, Renewable Fuels Association, RFA

RFA Releases Annual Ethanol Industry Outlook

Cindy Zimmerman

The Renewable Fuels Association released its 2021 Ethanol Industry Outlook and Pocket Guide to Ethanol during the digital 26th annual National Ethanol Conference this week. The annual publications and conference all share the common theme of Essential Energy. A related video also debuted at the event.

Now in its 22nd year, the annual Outlook publication provides policymakers, regulators, consumers, the media, and renewable fuel advocates with key statistics, trends, insight, and analysis on the latest developments in the U.S. renewable fuels industry, as well as commentary on what to expect in 2021. The Pocket Guide to Ethanol contains much of the same information as the Outlook, but in an abbreviated format and smaller size for ease of use.

2021 Ethanol Industry Outlook

Pocket Guide to Ethanol


Ethanol, Ethanol News, National Ethanol Conference, Renewable Fuels Association, RFA, Video

ACE Testifies on MN Bill to Set E15 Standard

Cindy Zimmerman

American Coalition for Ethanol (ACE) Senior Vice President Ron Lamberty shared his insights on E15 equipment compatibility with existing infrastructure during a virtual hearing yesterday in the Minnesota Legislature on a bill which would increase the state’s minimum biofuel content in gasoline to 15 percent.

Lamberty’s testimony focused on clearing up misconceptions about equipment needed to sell E15, particularly underground storage tanks, lines and pipe dope.

“One of the products we have been encouraging station owners to offer is E15,” Lamberty said. “You’re all familiar with E15, and as you’ve been gathering information on this proposed legislation, you’re becoming familiar with one of the major points of resistance from station owners, and that is incorrect information about the cost of adding E15.”

To correct this misinformation, ACE created an online E15 equipment compatibility tool called Flex Check where retailers can enter the manufacturer or model number of their tanks, piping, and other equipment, and find out if they are already E15 compatible.

Minnesota was the first state to require a minimum E10 fuel blend back in 1997 and this legislation would make it the first with an E15 standard. Iowa introduced legislation last week toward the same goal.

ACE, E15, Ethanol, Ethanol News

Tapping New Markets for Higher Ethanol Blends

Cindy Zimmerman

The case for higher ethanol blends to lower emissions is stronger than ever and retailers are more receptive than ever.

Renewable Fuels Association Director of Market Development Cassie Mullen led a panel discussion during the digital National Ethanol Conference this week focused on tapping new markets for higher blends. Her panelists included fuel marketers and retailers from coast to coast talking about the opportunities.

On the panel were Greg Jones with Pearson Fuels; Michael Hyde, H&H Operations; Jonathan Baixauli, Orion Oil; and Ronnie Dhaliwal, Bulk Petroleum.

In this interview, Mullen reviews highlights of the discussion.

2021 NEC Interview with Cassie Mullen, RFA 8:38

The National Ethanol Conference wraps up today with sessions on consumer perceptions of ethanol, new uses, and LCFS policies.

All of this week’s sessions are now available on demand for conference attendees. Highlights can be found on the NEC virtual newsroom.

Audio, Ethanol, Ethanol News, National Ethanol Conference, Renewable Fuels Association, RFA