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t rudnicki

By Timothy J Rudnicki, Esq

In the 16th century, Nicolaus Copernicus dared to challenge the accepted notion that the earth was at the center of the universe. Using his powers of observation, without a telescope (it was another 50 years after his death when Galileo would have a telescope and validate the Copernican model), and relying upon his knowledge of mathematics, Copernicus postulated that it is the sun, rather than the earth, which is at the center of our universe (solar system). Who, today, given the scientific evidence we have, would suggest the earth is at the center of our universe?

We humans, whether we work for federal agencies or biofuel producers, sometimes try our best to interpret the world around us with the tools available to us. The issue is whether we do the analysis with our gut or intellect, capitulate to our bias or use scientific findings and analysis.  This short excerpt from a NASA teaching module provides some perspective about a preconceived notion and the role of science:

    The earth was considered the center of the universe because the leading theory about this at the time came from the Greek astronomer Claudius Ptolemy in about 140 A.D. In this theory, the earth was at the center of the universe, and the sun, the moon, the planets and stars orbited the earth.
   
    The center of the universe remained at the center of the earth, in the view of the majority of the scientific community, until the 1500s. Occasionally there were those who suggested otherwise, the most famous of which is Aristarchus of Samos, a Greek scientist well-ahead of his time, but he, unfortunately, was not taken very seriously for very long.
   
    The successful challenge to the earth-centered universe was begun by the Polish Astronomer Nicolaus Copernicus in 1543. In his book De Revolutionibus, he argued that the Sun was at the center of the solar system (and hence universe), and that the planets - including the earth - revolved around the sun. This heliocentric theory provided a conceptually simpler explanation for certain peculiar `retrograde' motions of the planets than the Ptolemaic geocentric theory but encountered stiff resistance from those who felt it was heretical to move humanity so far from the center of the universe.  http://apod.nasa.gov/htmltest/gifcity/cs_lplan.html

Keep in mind that it was only in the 1930s when humanity gained the understanding, thanks to Hubble, that the universe is actually expanding.  So, we keep on learning. But what do we do with this knowledge, whether it’s about the universe or biofuels?

With respect to biofuels and the RFS, the EPA has at least two solid arguments for aggressively enforcing the Renewable Volume Obligations (RVOs).  First, plain and simple: it’s the law. The RFS is unequivocal about the number of gallons of renewable biofuels which are to displace finite, carbon intensive petroleum. The public policy purpose is clear - displace petroleum with renewable biofuels to improve environmental quality, reduce dependence on oil and keep more energy dollars at home.

Another argument the EPA has to aggressively enforce the RVOs is found in science.  While there are many knee-jerk reactions to the term biofuels, the science is clear: ethanol from biomass such as corn starch is 44% up to 57% fewer greenhouse gas emissions compared to petroleum gasoline. Argonne National Laboratory has done an extensive analysis of the upstream and downstream GHG emissions associated with ethanol from a variety of renewable feedstocks.

In addition to the legal, policy and scientific arguments for the use of more biofuels, there is an important local and regional economic factor.  The Minnesota biofuel producers I know actually live near their biofuel production plants.  Many who work in the plants live nearby and use their income to support themselves and their families.  All the consumer, economic, energy independence and environmental benefits are really straightforward - biofuel producers use locally grown renewable ingredients and a biological process just like that used to brew beer. Biofuels mean real energy independence and economic growth because the fuel is homegrown and more energy dollars stay in Minnesota.

Perhaps in Copernicus’ time it was difficult for the establishment to change its views.  Over the last 400 years we have learned much more about our place in the world and the universe. And we have learned a great deal more about the science surrounding biofuels and the economic and environmental benefits. We are not asking the EPA to wrestle with an issue as profound as the heliocentric theory. We simply ask that the EPA comply with the RFS and acknowledge the scientific findings about the way biofuels, such as ethanol, can right here, right now, reduce GHG emissions. EPA, for the well-being of current and future generations, let renewable biofuels displace petroleum - comply with and enforce the RFS.

As always, you can forward your questions to me This email address is being protected from spambots. You need JavaScript enabled to view it.

t rudnicki

By Timothy J Rudnicki, Esq

One law which touches the lives of virtually every person in the United States is the Renewable Fuel Standard (RFS). The RFS touches those who fuel their vehicles with renewable ethanol and those who have built and continue to sustain the biofuel industry as well as all of us who benefit from the reduced carbon emissions due to the use of renewable biofuels like ethanol. In the next few days we will know whether the EPA plans to uphold the RFS. At the least, the EPA should uphold the RFS because it is the law and for a host of social, economic, energy security and environmental reasons. 

In Minnesota alone the biofuel industry supports approximately 18,600 jobs. These jobs are filled by women and men who support their households.  In practical terms, biofuels help real Minnesotans pay the bills and, for example, send their young adults on to higher education and generally do those things which accompany a higher quality of life made possible by biofuels such as ethanol.

On an even more macro level, biofuels in Minnesota contributes about $1.74 billion in annual household income. And along with that are the $132 million paid in taxes. In addition to the social and economic benefits provided by the ethanol producers in Minnesota there are the tangible environmental benefits.

Annually, renewable ethanol is displacing 712,000 metric tons of greenhouse gas emissions in Minnesota. For Minnesota, the use of E15 in place of E10 would serve to displace another 358,000 metric tons of greenhouse gas emissions. The additional GHG emission reduction potential has the same carbon reduction value of removing 76,000 vehicles from the highways in Minnesota.

The RFS is also about consumer value and energy security. Just a few days ago E85 was selling for 62 cents less than regular and E15 has consistently been approximately 10 cents less than regular. And every gallon of renewable biofuel produced in Minnesota is one less gallon of fuel we need to import from the tar sands and overseas.

To uphold the RFS because it is the law should be self evident to the EPA. If the EPA requires additional reasons to justify doing that which is required under the law, consider the full scope of energy security, consumer, economic and environmental benefits the RFS has provided and the many more it has yet to provide under full implementation of the law. All of us are counting on the EPA to do what is right and expect the agency will do so.

As always, you can forward your questions to me This email address is being protected from spambots. You need JavaScript enabled to view it.

Tim

By Timothy J Rudnicki, Esq

Despite EPA’s proclamation that it considered many public comments regarding the proposal to lower the Renewable Volume Obligation numbers, the Agency somehow missed the most important comment:  enforce the law.


Based on the final rule, it seems the EPA also missed a few other critical public policy and environmental factors.  In the 202 page final rule, the EPA reminds us “The fundamental objective of the RFS provisions under the CAA is clear: to increase the use of renewable fuels in the U.S. transportation system every year through at least 2022 in order to reduce greenhouse gases (GHGs) and increase energy security.” 

And the executive summary to the final rule goes on to state “Renewable fuels represent an opportunity for the U.S. to move away from fossil fuels towards a set of lower GHG transportation fuels, and a chance for a still-developing low GHG technology sector to grow.  These lower GHG renewable fuels include corn starch ethanol....”

In short, the EPA affirms that ethanol, whether conventional or advanced, is a lower GHG transportation fuel.  The obvious conclusion which should follow from the EPA restatement of the RFS purpose and the unequivocal statutory volumes is straightforward: (A) enforce the volume numbers to send a message of certainty to biofuel producers so they can continue to grow the sector and (B) push the petroleum industry to give consumers more biofuel options so as to reduce GHG emissions now.

The final volume numbers, without doing a RIN analysis, look like 10% of the actual and projected overall growth for gasoline consumption.  While some debate whether the EPA actually did push through the mythical blendwall, we should not loose sight of the fact the actual consumption capacity for biofuels (E85 for Flex Fuel Vehicles, E10 and E15 for 2001 and newer vehicles) with the current fuel dispensing infrastructure is well above 27 billion gallons.  In other words, the 15 billion gallon number for conventional biofuels is indeed feasible.  For details on the consumption capacity issue, see the EPA reference to the Energy Information Administration in the Federal Register at 33128.

The intent of the RFS is indeed to stimulate and drive change, a move toward greater use of renewable biofuels.  In a Nation that has been dominated by petroleum and consumers’ limited access to biofuels for many decades, the RFS provides some modicum of certainty for those who are responsible for making biofuel production investment decisions and giving consumers greater access to renewable biofuels.

Unfortunately, the EPA missed the obvious.  The Agency failed to comply with and enforce the black letter law and has thereby put off greater systemic change for another day.  Given the clear purpose, intent and demonstrated effectiveness of the RFS thus far, the EPA decision also sends the wrong message to conferees at the Paris Climate Convention as well as investors, the environmental community, those diligently working to tamp down GHG emissions and the petroleum industry.

Digging into the numbers a bit further, we find the RFS set unequivocal volumes for renewable biofuels (conventional and advanced) to be used starting in 2006 and extending out to the year 2022.  The total renewable fuel level set in law for 2014 is 18.15 billion gallons which includes at least 14.4 billion gallons as conventional biofuel. Since 2014 is history and RINs have been generated, EPA set the number at 13.61 billion gallons.

While 2015 is not yet history, according to the EIA the overall consumption of gasoline is up.  The RFS explicitly calls for 20.5 billion gallons of biofuel to be used with at least 15 billion gallons as conventional. Instead, the EPA set the conventional number at 14.05 billion gallons, essentially mirroring 10% of the overall increase in gasoline consumption.  If gasoline consumption were to drop below projections, would the EPA enforce the final rule or find some reason to adjust the number down to once again accommodate the petroleum industry?

Finally, for 2016, the RFS states the number of gallons of renewable fuel to be used is 22.25 billion with at least 15 billion gallons of conventional biofuel. In place of the statutory provision, the EPA used its version of the biofuel future by setting the number at 14.5 billion gallons.

When one considers the history and legislative intent behind the RFS, the EPA’s final rule flies in the face of the law and sets another dangerous precedent.  In 2005, the Energy Policy Act (RFS1) put key stakeholders on notice that renewable biofuels were to have more space in the transportation fuel market.  Then, in 2007, RFS2 provided a second explicit notice and clear requirements along with methods by which affected parties could comply with the statute.  Biofuel producers responded by committing financial and logistic investments to make the production capacity available. On the other hand, the petroleum industry clung to the habits of the past buying RINs rather than facilitating greater consumer access to E15 and higher blends.

It will take some more time to fully assess the immediate implications of the EPA’s backsliding.  Meanwhile, a few preliminary observations can be made at this time.  The EPA missed the obvious purpose, intent and statutory provisions in the law.  Consequently, the EPA missed the opportunity to send a signal to the petroleum industry: consumers can indeed expect more biofuel options at the fuel dispensers and the industry must comply with the law.

Finally, the EPA missed a rare opportunity to stick to the law, as the RFS was written by Congress years ago, for President Obama to present to the Paris Climate Conference.  The RFS should still be held up as one of the most constructive and effective models for what can be done to reduce GHG emissions from the millions of vehicles that are, and will be, part of the rolling stock for many years to come.

Despite the EPA decision, we will continue to stand strong together and find ways to push past the EPA’s failure to fully enforce the RFS.  We will find creative ways to deploy the USDA Biofuel Infrastructure Partnership and the Minnesota E15 Dispenser grant programs to help fuel retailers give consumers greater access to more biofuel options.  Through these actions we will build increased energy security, continue to boost the economy and further reduce GHG emissions.

t rudnicki

By Timothy J. Rudnicki, Esq

In 2015, additional new actions were taken and successfully implemented to further pave the way for greater availability and access to clean, renewable biofuels such as ethanol. These actions are important because for Minnesotans, it means greater energy independence, a stronger rural economy by using locally-grown renewable ingredients produced and processed in Minnesota, consumer savings at the fuel pump, and further reductions in climate-damaging carbon dioxide emissions. Looking ahead at the biofuels industry in Minnesota can be placed in these three categories.

Where and How Biofuels Are Produced

Lifecycle greenhouse gas (GHG) emissions from ethanol are up to 57 percent less than gasoline. But on top of that, Minnesota's 21st century biofuel producers have continued to make significant strides in further reducing the amount of energy and water used to make a gallon of ethanol. For example, producers are now using more energy efficient processing equipment and reusing stormwater and municipal wastewater.

In fact, another one of our plants recently announced a major modernization and expansion plan to build on the succeses of the past and maximize the best available technology for today and the future. We can expect to see more our producers undertake more innovative measures to improve efficiency in 2016 to responsibily produce a clean, low carbon fuel for Minnesota drivers.

Greater Availability of Biofuels for Consumers & Fleet Operators

In the past 18 months, we have reached out and directly engaged with 2,500 fuel retailers in the state as well as fuel retail networks in the region, which comprise some 2,700 fueling stations. Based on our findings, most fuel retailers are seeking to diversify their product offerings by replacing typical midgrade fuels with E15 - a fuel that can be used by almost all cars on the road and will be required by the next generation of fuel efficient, high-compression engines.

In 2016, we will see a significant increase in the availability of E15. Independent research has shown that 85 percent of fuel retailers already have fuel storage and dispensing components that are compantible with E15. And thanks to the vision and leadership of Gov. Mark Dayton and the Minnesota Legislature, funds were made availble to assist a few hundred fuel retailers to make minor modifications to dispense E15. This funding has now been augmented by a $8 million grant from the USDA under its Biofuel Infrastructure Partnership program. In total, this funding will enable up to 165 stations to offer blends like E15 and E85 to consumers.

Increasing the availability of E15 in the market as the new regular fuel are far reaching. We can replace millions of gallons of carbon-intensive, finite fossil fuel (including dirty tar sands oil). All vehicles 2001 and newer will immediately benefit from the higher octane and produce fewer GHG emissions.

According to Dr Steffen Mueller from the University of Illinois at Chicago, CO2 reduction in Minnesota from making E15 the new regular (on top of the amount of CO2 already eliminated from E10) would be 1.07 million metric tons annually. This, according to the EPA's greenhouse gas equivalenceis calculator, is the same as removing emissions from 225,895 vehicles from Minnesota's roads annually.

Just as consumers are asking for a cleaner fuel, so too are state fleet vehicle managers and other leaders in local government. In cooperation with these fleet managers and the Minnesota Department of Administration, for 2016, we can expect to see E15 usage increase in state fleet vehicles which will meet their GHG reduction goals.

The Future Is Today

In the last few days, I read news that a major vehicle manufacturer has produced a non-flex fuel vehicle that is approved to use up to E25. We plan to further investigate details of this vehicle and its engine and will report our findings back to you soon. But on its fact, this news is very promising as it confirms what we've heard for years : new fuel efficient, high-compression and low emission engines perfom the best with fuels with higher ethanol content.

To sum up, the Minnesota biofuels industry is delivering on many fronts - energy security, economic, consumer and environmental benefits - and is positioned to do more in 2016. This broad scope of benefits will grow and expand to further serve all Minnesotans as more biofuels will displace a greater amount of fossil fuels and reduce even more GHG emissions. For the vast majority of people who continue to rely on vehicles with an internal combustion engine, ethanol will continue to be the biggest factor in reducing harmful emissions.  

Thank you for your support in 2015 and we look forward to your continued involvement in 2016.

Happy New Year!

 


 

t rudnicki

By Timothy J.Rudnicki, Esq

Just as individuals have multiple issues of interest to them, so too do candidates for political office represent multiple issues and interests. For voters who have a keen interest in biofuel issues, such as the future of ethanol, it's important they ask candidates for office where they stand on their support for biofuels. More importantly, voters need to ask pointed questions to get beyond the sound bites and, after the election, voters will need to hold their elected officials accountable for their claims while running for office.

All too often candidates claim they support biofuels by reading a script which contains some magic words such as : the RFS, the blend wall and regulations. For those Minnesotans who support the ethanol industry and the renewable fuel it produces to boost the economy, reduce our dependence on fossil fuel, save consumers money at the fuel dispenser and reduce greenhouse gas (GHG) emissions, you can put your probing questions skills to work at candidate forums leading up to the Minnesota caucuses on March 1.  

First, you should have a few facts at your fingertips. You should know that the RFS is working in Minnesota. Thanks to the RFS and its counterpart law in Minnesota, the Minnesota Bio-Fuels Association has the new and fresh opportunity to engage with thousands of fuel retailers and to work with them to make E15 and higher blends of ethanol available to their customers.

The RFS and its Minnesota counterpart have also helped to boost the economy. In 2014, for example, the ethanol industry contributed more than $2.34 billion to the economy while supporting over 18,000 jobs. Meanwhile, E15 is selling for approximately 10 cents less per gallon compared to regular unleaded. In addition to the economic boost and savings provided for consumers, ethanol is helping to lower GHG emissions in the transportation sector. Equally important is the fact these benefits have room to grow under the RFS. Replacing regular fuel with E15 can reduce the annual carbon emissions in Minnesota by an estimated 1.07 million metric tons (equal to taking 225,895 vehicles off Minnesota highways for a year).

As for the blend wall issue, thanks to the RFS and its Minnesota counterpart, in 2014, Minnesota was using 12.2 percent ethanol in its transportation fuel. The mythical 10 percent blend wall is just that - a myth. Remember, the RFS calls for using "at least the applicable volume of renewable fuel" set forth in the law.

Finally, when it comes to regulations, let's be smart. It's too easy for political candidates to lodge some general complaint about regulations in the hopes of getting our attention. We need to be clear with candidates about which regulations act as artificial barriers to biofuels and focus on repairing them. A vibrant industry is being built upon our system of statutes and rules. We need to be strategic in industry efforts to improve those laws which have helped to make Minnesota and the Nation more energy independent, save consumers money at the fuel dispenser, boost the economy and improve environmental quality.

Second, once we have some facts in hand, we need to use them to have meaningful and constructive discussions with candidates running for office. Generally, does the candidate actually understand the good benefits that have been produced for communities in Minnesota, consumers and the environment based on some of the facts noted above? Test their knowledge about the tangible benefits of the RFS and how it has helped Minnesotans.

After you ask the candidate where they stand on the RFS, take your probing questions to the next level. When a candidate says she or he supports the RFS, dig deeper to get them to tell you what it means to support the RFS. For instance, would the candidate, as the President or a Member of Congress, work to aggressively support the RFS as written? Will Congressional candidates, if elected, fight for the RFS in Committees and on the House floor (note: no US Senators from Minnesota are up for election this year)? Will the presidential candidate veto any bill which attempts to modify the RFS?

You might also test the candidates' knowledge, or educate them, with some follow-up questions. For example, if they support the RFS, what do they see as the future for biofuels beyond 2022? Find out what they know about the Biofuel Infrastructure Partnership program. Would they expand it or do they have some ideas for making E15 and higher blends available across Minnesota and the Nation? Are they familiar with the E15 Dispenser Law in Minnesota and how funding will be used to help fuel retailers make the minor upgrades necessary so they can offer E15 as the new regular fuel?

The facts and questions offered here are merely the starting point. You probably already have a set of probing questions ready to go when you meet with the candidates. What do you plan to ask the candidates about biofuels? We'd like to This email address is being protected from spambots. You need JavaScript enabled to view it. from you.


 


 

t rudnicki

By Timothy J. Rudnicki, Esq

Last week, on behalf of Minnesota biofuel producers, I spent a few days in Washington, D.C., meeting with members of Congress. My goal was to “tell the renewable biofuel story” for the purpose of creating or bolstering support for the Renewable Fuel Standard (RFS) and the ethanol produced in Minnesota.  But I also made it my goal to listen to what policymakers, legislative aids and others had to say about those issues that matter to biofuel producers. My take away from many hours of meetings is a mix of support and new challenges.

Many policymakers understand the economic, energy independence, consumer and environmental benefits associated with renewable biofuel. And that’s why they support the RFS, the United States Department of Agriculture initiated the Biofuel Infrastructure Partnership program and some discussions are underway to explore how to address the Reid Vapor Pressure issue.

The message we brought to Washington was built upon the facts reflected in the number of producers in Minnesota, the growing number of fuel retailers who offer E15 and higher blends of ethanol, businesses associated with the biofuel industry and the metrics from a new ABF Study on the contribution of the ethanol industry in Minnesota (this study will be released soon).

Among supporters of the RFS and biofuels generally, our message was well received.  We “refreshed” the numbers and gave a human face to otherwise two-dimensional reports. We must continue to bolster those who support the RFS and all it represents for today and the future of biofuels.

But we can’t ignore the challenges that remain. While I was in Washington, some policymakers ramped up their attacks on the RFS. Some have suggested the RFS be eviscerated because it simply is not needed or is a subsidy or that we will never get to producing cellulosic biofuels or because carbon emissions don’t matter. The list goes on.

One of the more bizarre statements I heard from a group of independent petroleum producers speaks volumes about the delusional state in which some function in our nation's capital. The science is very clear on the fact that petroleum is a finite carbon source, which emits carbon and other pollutants. It is not renewable on a human timeline as are biofuels. In the face of these facts and common sense, these petroleum representatives made a rather startling remark : anyone who puts fuel in their vehicle or uses a petroleum-based product is responsible for carbon emissions and other pollution. Not surprisingly, they left out the part that consumers don't have much a choice in the matter and that consumers would be able to reduce their carbon footprint if there were more renewable options and alternatives to carbon-intensive finite fossil fuels.

I was still in my listening mode and here is what they offered next: "We, the petroleum industry, have let others define us, and we need to change that."  

This time, they conveniently omited scientific fact: no matter how much you try to redefine yourselves - carbon intensive finite fossil fuels, when burned, will always emit carbon and other pollutants. And fossil fuels, as their name implies, will not be regenerating anytime soon.

None of this would matter if this were some silly word game with PR spin doctors nor if some form of reason were prevalent in Washington. But here we have peddlers of propaganda twisting reality to sustain the fossil fuel status quo. More importantly, some policymakers either have, or are considering, adopting positions which could prop up petroleum while throwing a damaging blow to biofuels.

We will continue to call out the outright fictions where we need to do so to ensure policymakers build upon the success of the RFS. And the Minnesota Bio-Fuels Association will continue to build upon the facts and science and make the case to bolster our allies and win over new supporters. We will continue to do that by using a three dimensional approach which highlight biofuels, such as ethanol, and their concomitant economic, consumer, energy independence and environmental benefits. Further, we will continue to remind policymakers that it is the RFS which provides those immediate benefits while holding promise for an even more sustainable and renewable future with biofuels.

Later this week, we will be releasing a report on the ethanol industry's economic contribution in Minnesota in 2015. You can also check out national economic reports and other studies hereAs always, you can forward your questions to me This email address is being protected from spambots. You need JavaScript enabled to view it..

t rudnicki

By Timothy J. Rudnicki, Esq

Lately, some environmental groups have stepped up their attacks on biofuels. Some attacks are blatant while others are a bit more subtle like ignoring the legal definition of renewable biofuels and instead creating some fictional definition to serve the purpose of a photo opportunity. Some environmental groups seem more intent on subterfuge rather than building upon biofuels' success in reducing greenhouse gas (GHG) emissions. 

Here is some context for why I think it's important for all of us to be working together and using the tools we already have to reduce GHG emissions. According to NASA, "Carbon dioxide (CO2) is an important heat-trapping (greenhouse) gas, which is released through human activities such as deforestation and burning fossil fuels.."

The NASA climate change website contains many measurements showing a rise in sea levels, decreases in land ice, decreases in the arctic's sea ice in the summer and an increase in global temperature. Based on some extensive measurements, CO2 levels are now at their highest level in 650,000 years. Even a non-scientist can draw some informed conclusions from NASA's data.

As such, if we collectively want to cut GHG emissions, we need to face reality and have an honest conversation about the pragmatic issues that confront us.

Consider, for example, that approximately a third of annual GHG emissions emanate from the transportation sector which still relies heavily on carbon-intensive petroleum. Last year, some 17.5 million new vehicles were sold in the United States and well over 99.5 percent of those vehicles are equipped with internal combustion engines.  

Given the service life of those vehicles, they will probably be on the road for at least another 12 to 15 years. Closer to home, 4.6 million vehicles are registered in Minnesota and all but about 3,500 use gasoline. 

While walking, biking or using mass transit may be an option for some, the vast majority still need to drive their gasoline-powered vehicles to get to their destinations. So how do we help those millions of people reduce their GHG emissions?

One simple option is to displace more gasoline with renewable biofuels, which have lower lifecycle GHG emissions, because nearly 90 percent of the vehicles on the road can use E15.

E15 has higher octane than regular unleaded, generally costs 10 cents less per gallon and, on average, each gallon of ethanol has 44 percent fewer lifecycle GHG emissions.

Additionally, according to the University of Illinois at Chicago, switching to E15 in Minnesota would cut GHG emissions by an additional 358,000 metric tons annually (based on data analysis conducted in 2015). Those emission reductions are the equivalent of removing 75,368 passenger vehicles off the road for a year. 

Some environmental groups might accept the science surrounding biofuels and GHG lifecycle analysis, but we know they still take issue with how biofuels are produced without having even studied or toured a modern ethanol plant. They miss, for example, the fact that Minnesota ethanol producers recycle their water (no discharge), recapture Volatile Organic Compounds (VOC) from air emissions and use stormwater runnoff or treated municipal sewage for some of their process water. Today's 21st century ethanol plant operates even more efficiently compared to those operating just a few years ago. Read here for more details. 

Another issue some environmental groups challenge is the renewable ingredients used by ethanol plants. While MBA does not represent farmers, we did our homework. I have personally met with and interviewed some farmers who produce renewable ingredients for ethanol plants. I learned, for example, these farmers care about making a living today and the future wellbeing of generations of new farmers and all of us who depend upon the farmer and the land for food, feed, fiber and fuel. These farmers use, for instance, GPS and other modern equipment to minimize inputs and control runoff and they were doing so before Minnesota passed the buffer strip law. 

Finally, I want to emphasize that some Minnesota environmental groups are engaging with us to have constructive conversations about GHG emissions and the role of biofuels in reducing those emissions. Let's keep those conversations going. For all those other groups who purport to have an interest in reducing GHG emissions now rather than in the distant future, I invite you to engage with us as others have done so we can explore the scope of issues and how we can address them.

Energy security, consumer, economic and environmental benefits are already being derived from ethanol produced in Minnesota. Ethanol can play an even bigger role in reducing GHG emissions in Minnesota's transportation sector right here, right now. The challenge is for all of us to find a way to work together so we can maximize every GHG reducing solution. 

t rudnicki

By Timothy J. Rudnicki, Esq

Whether Governor Mark Dayton will call a special legislative session, at the time this column is written, remains open to speculation. But, we do know that 1,652 bills were introduced in the Minnesota House of Representatives and 1,414 bills were introduced in the Minnesota Senate in the recently concluded legislative session. And it may surprise some but some of those bills if passed would have either directly or indirectly lowered or raised market barriers to ethanol and renewable chemicals.

We were, once again, active on two fronts as we (1) worked to advance legislation aimed at strengthening the biofuel and renewable chemical industry in Minnesota and (2) played offense by tracking, monitoring and “fixing” or opposing bills which could be detrimental to the biofuel industry in Minnesota.

To determine a bill’s relevance, MBA uses a two-prong approach.  First, we look for bills that explicitly reference ethanol and biofuels generally. Then we assess whether the bills are helpful, act as a barrier or are neutral and take metered action.

The second prong consists of a deeper dive into the bill's language. For example, we assess various bill provisions and whether they could impact, either in a positive, negative or neutral manner, legal definitions, renewable ingredients and other production inputs, business-related issues and rail transportation issues, to name a few.  Our assessment informed the engagement process. Based on our assessment, at least 24 bills introduced during the 2016 Legislative Session had some touch point with biofuels and biochemcials or their production and distribution in Minnesota and other markets. 

Let’s briefly examine two of those 24 bills and what happened behind the scenes.

Changing a state or federal definition of biofuels has profound implications for biofuel and biochemical producers, the supply chain and consumers.  In other words, the implications, especially when the definition is embedded in many other statutes, stretch far and wide.  One such bill involved the definition of biobutanol.

The purpose of the bill provision at issue, according to its proponents and the Senate sponsor, was to secure producer payments for renewable biochemicals. In its first iteration, the bill changed the legal definition to make the end product fit the producer payment criteria. Given the implications of such a change, following discussions and a review of the existing law, stakeholders found an agreeable, transparent solution: rather than changing the legal definition, simply make biobutanol eligible for the payments. 

That change is embodied in a much larger set of appropriation provisions found in Chapter 189 which was presented to Gov. Dayton on May 24.  As of this writing, the Governor has not signed nor vetoed the bill.

Another example of our two-prong approach involves catching an energy security bill spearheaded by the Minnesota Department of Commerce. The bill, in its initial form, essentially called for an inventory of Minnesota’s energy sources. It noted the role of petroleum and biofuels but in the fuels inventory provisions, the bill included petroleum gasoline but excluded biofuels. Given this bill’s history, although it did not pass out of the 2016 legislature, we can expect to see it in 2017.  We can work with the department to improve the bill by, for example, explicitly including E15 and E85 in the inventory and perhaps defining the greater role E85 and E15 can play in further diversifying Minnesota’s transportation fuel.

This behind the scene look at the Minnesota Legislature provides just a few examples of how the Minnesota Bio-Fuels Association continually strives to help strengthen the biofuel industry in Minnesota and give consumers more choice at the fuel dispenser.

As always, I look forward to hearing your thoughts This email address is being protected from spambots. You need JavaScript enabled to view it.