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By Tim Rudnicki, Esq.

Historical price charts tell some ugly stories about the average retail price of gasoline.  According to GasBuddy.com, the price for a gallon of regular gasoline snapped from approximately $3.48 per gallon to $3.70 in early June 2012.  As we follow the data forward to January 2013, we find a steep drop to $2.94 until we are snapped back up to a whooping $4.29 per gallon.  Now, during the last few days of May, the gasoline price yo-yo is dropping back to about $3.89 per gallon.

This yo-yo effect in the price of gasoline, hitting the top and dropping down and doing it all over again, is easy to spot when the data is plotted on a chart.  Information conduits for the petroleum industry, however, would like for us consumers to be content with the stories about “supply tightness” due to the switch from winter to summer gasoline or refiners diverting supplies to “take advantage of higher prices” in the Great Lakes states.  Is this the first time refiners have experienced a change of season? Am I supposed to take comfort in knowing refiners are simply chasing the dollar in another part of the country?  Perhaps the more interesting story is what the data, rather than talking-heads, tells us.

Despite the occasional drops in the price of gasoline, the trend line for the last 10 years has been shifting upward.  The numbers contained in these historical price charts are, in part, about our energy past, present and future.  If we base predictions on the trend line, the future will clearly include even higher gasoline prices.  Given that so many factors, such as the trading price of crude oil and the petroleum refiner control of production and distribution, are beyond our individual control, what can a consumer do about the yo-yo price of gasoline?

Professors Xiaodong Du and Dermot J. Hayes studied the impact ethanol production has on gasoline markets.  Their findings are astounding.  Although the price for a gallon of regular gasoline is high now, it could be $1.69 per gallon higher without 10% ethanol!  In short, the multi-year research found that as more ethanol entered the marketplace, it shifted the demand for petroleum downward and thereby helped to suppress the price of gasoline. 

Minnesotans definitely gain a pocketbook advantage by having 10% ethanol in regular gasoline.  Consumers can gain additional control over the yo-yo price at the pump by having more fuel choice options.  Right now, 2001 and newer vehicles, nearly 80% of the cars on the road today, can use a blend of 15% ethanol and 85% gasoline.  E15, as this blend is called, is one more fuel choice option that can further suppress the price of gasoline and help bring down the trend line because it is made from renewable ingredients.  If you don’t see E15 at your favorite retail station, ask for it so you can take advantage of its environmental benefits and start saving money at the pump.  

It's great to hear from you. Send me a note ( This email address is being protected from spambots. You need JavaScript enabled to view it.) or call me (612.924.6495) with your biofuel questions and ideas for the next Buzz.

t rudnicki

By Tim Rudnicki, Esq.

Give consumers choice at the gas pump!  That’s what the June 24th decision by the U.S. Supreme Court means as it let stand an August 2012 ruling by the U.S. Court of Appeals.  Here’s the basis for my observation about how and why these legal issues translate into good news for consumers.

In brief, the case before the U.S. Court of Appeals was about standing.  Put another way, the issue in the Grocery Manufacturers Association vs Environmental Protection Agency case was whether the parties representing the food, petroleum and engine manufacturers experienced some harm that the Court could fix.  The simple answer is this:  there was nothing for the Court to fix because the parties had no harm traceable to E15 (15% ethanol added to 85% gasoline - only 5% more ethanol than is now contained in regular gasoline)!

What were the food, petroleum and engine groups trying to argue?  To paraphrase the Court, the engine group used a “hypothetical chain of events” and provided “almost no support for their assertion that E15 ‘may’ damage the engines they have sold” as the group cited one internal study that talked about “potential vehicle damage” from use of E15.  (Page 9).  The petroleum group made unsubstantiated claims about potential misfueling problems.  (Pages 11-12).  As for the food group, the Court found their “interest in low corn prices is much further removed from” the petroleum and engine groups who had no basis for a claim.  (Page 17).

So where does this leave matters for consumers who want to use E15?  The Appeals Court reviewed the process used by the U.S. Environmental Protection Agency as it approved the use of E15.  For instance, the record shows the U.S. EPA was meticulous in its assessment of test results.  That’s why the U.S. EPA made two approvals.  First, the U.S. EPA “approved the introduction of E15 for use in light-duty motor vehicles from model-year 2007 and later.”  (Page 4).  Then, only after the U.S. EPA obtained “further results from Department of Energy (DOE) tests that measured the effects of ethanol blends on the durability of engine catalysts...”  (Pages 4-5) did the U.S. EPA expand the approval to use E15 for vehicles built within the last 12 years.

Here is a key take away point: E15 was carefully tested and is ready for use in approved motor vehicles (2001 and newer, approximately 80% of the vehicles on the road today).  E15 has been tested over 6 million miles, tested more than any other fuel in history!

To sum up, current U.S. law requires increasing amounts of renewable fuel to be made available to consumers.  With higher blends of ethanol and other biofuels, we can decrease dependence on finite fossil fuels.  Using homegrown renewable ethanol and other biofuels also improves air quality, keeps thousands of jobs in Minnesota and helps consumers save dollars at the pump.

It's always great to hear from you.  Keep the messages ( This email address is being protected from spambots. You need JavaScript enabled to view it.) and calls (612.924.6495) coming with your biofuel questions and ideas for the next Buzz.

t rudnicki

By Tim Rudnicki, Esq.

Race horses can’t remove their blinders, but thoughtful, engaged people can remove their metaphorical blinders to understand energy issues and ideas that surround them. When it comes to fueling our motor vehicles, big oil would like for us to keep the blinders on so we see oil as the only way to supply the energy we need to maintain a high quality of life. What are the big oil blinders preventing us from seeing?

With big oil blinders on, we might overlook some critical issues. For instance, the $31 billion in combined profits reported by several oil companies through the second quarter overlooks how these companies drill deeper into the fragile Gulf of Mexico, frack for oil and use huge amounts of water and energy to tear up the Boreal Forest for tar sands oil. Those blinders also make it difficult to see the effects of oil spills and pipeline releases around the globe including in the pristine waters of British Columbia and on popular beaches in Thailand.

Energy does, and will indeed continue to, play a role in helping us live a high quality of life. But the rate at which our life sustaining planet is being drilled and fracked for oil is not sustainable. Whether drilled or fracked, fossil fuel hydrocarbons are finite, and perpetuating the addition to them is hazardous to the planet and our health.

So how did we get stuck on finite fossil fuels as our primary energy supply? Daniel Yergin, in “The Quest: Energy, Security, and the Remaking of the Modern World,” examines this question in some detail. Yergin explores more than 100 years of energy history and details the struggle for access to oil, the consequences of its use, the impact oil has on the global economy and the complex geopolitics surrounding oil. Through this examination we learn how various public policies and taxes tamped down renewable biofuels, such as ethanol, and supported the oil industry.

Despite the policies that favored oil, in the early years of the 20th century, Henry Ford envisioned a different energy future. It was Ford who built and introduced the Model T, the first flex-fuel vehicle that could operate on either ethanol or gasoline. Later, Ford introduced the “Fordson” tractors which could also run on ethanol or gasoline. Ford was not alone in his understanding about the role biofuels could have played decades ago. Yergin also writes about a scientist from General Motors who warned that oil is finite and found the solution to be alcohol fuel: “...the most direct route which we know for converting energy from its source, the sun, into a material that is suitable for use as fuel.” The Quest at 647.

What can we see when we pull off the big oil blinders? According to Yergin and other experts, a high quality of life based in large part on renewable biofuels such as ethanol. But the future is here in some measure because Minnesota’s biofuel industry is already producing enough clean, renewable fuel to displace approximately 50% of all the gasoline purchased by Minnesota drivers. That’s only the beginning. Based on biomass processing research being done by energy and agricultural experts like Prof. Bruce Dale (Professor of Chemical Engineering at Michigan State University), cropland can be used even more efficiently and sustainably to provide more food, feed and fuel while further reducing greenhouse gas emissions.

Let’s pull off those big oil blinders and get the full picture about today’s renewable biofuels. Right here, right now, ethanol produced in Minnesota uses a small amount of water to make each gallon of fuel. Ethanol is a premium motor fuel that has 57% fewer lifecycle greenhouse gas emissions compared to gasoline. The men and women who run biofuel plants in Minnesota support 12,600 jobs. The Minnesota biofuel producers inject $5 billion into the economy. Ethanol actually holds down the price at the pump.

What else will you see when you pull of the big oil blinders? Coming very soon to Minnesota: E15! E15 is 85% gasoline added to 15% ethanol (that’s only 5% more ethanol than is currently found in most “regular” gasoline sold in Minnesota, but that 5% will make a big difference in lowering greenhouse gas emissions). Will your favorite fueling station be leading the way with E15? Find out by asking the next time you stop for fuel.

t rudnicki

By Tim Rudnicki, Esq.

Think, for a moment, how you started your day. You probably flipped a light switch on, heated some breakfast, rode a bus or drove to your destination. Seldom do we have time to consider the energy sources used to brighten our homes or workplaces, cook meals and power a bus or other vehicles. Yet the type of energy we use, and where that energy comes from, has profound implications for our quality of life today and well into the future.

Energy used to power vehicles, for example, gives us great mobility and ease by which to move products that we use in our homes and workplaces. According to the Energy Information Administration, 28% of all the energy consumed in the United States is used for transportation. At present, 93% of the total energy used for transportation is provided by petroleum.
Where does all the petroleum come from? Anyone who watched the 2010 news coverage about the Deepwater Horizon and the estimated 210 million gallons of oil that gushed from the Macondo well into the Gulf of Mexico knows at least one source for petroleum. Unfortunately, three years later, despite the petroleum industry smoke screens, researchers now report the damage to portions of the Gulf is so severe that it could take decades or longer for the sea bottom’s rich biodiversity to recover.
But to maintain our quality of life, to be able to drive our vehicles and power our buses, we need more petroleum, so we must drill even deeper in the Gulf and in other parts of the globe, correct? While the petroleum industry would like for us to still think oil is the only energy available to help us maintain our quality of life, the fact is we do have very cost competitive alternatives to petroleum fuel. Clean, renewable fuel options are right here, right now.
Minnesota Governor Mark Dayton makes the connection between our quality of life and renewable fuels as he has proclaimed October 2013 to be “Biofuels Month.” Governor Dayton’s proclamation states, in part, “Biofuels improve the quality of life for Minnesotans by stimulating the economy, providing homegrown energy, reducing pollution, and giving consumers more fuel choices.” 
The Governor’s proclamation, in essence, recognizes the Minnesota biofuels industry injects more than $5 billion dollars annually into the economy. But the biofuel industry is about much more, as the proclamation suggests, than the economy. Minnesota farmers, for example, provide the renewable ingredients used to make biofuels for all of us. Further, biofuels, such as ethanol and biodiesel, are clean energy sources that reduce greenhouse gas emissions. Governor Dayton’s proclamation clearly reminds us about the alternatives to petroleum. With 63 million gallons of renewable biodiesel produced in Minnesota and with regular gasoline soon to include 15% renewable ethanol (5% more than is in regular gasoline today), Minnesota is once again positioned to be a leading renewable biofuel State.
Very soon, thanks to requests by consumers, some retailers in the Twin Cities will give us more choice at the pump as they offer E15 (the “new regular” gasoline, comprised of 85% gasoline and 15% ethanol, for use in 2001 and newer vehicles). As more customers have access to E15, biodiesel and higher blends of ethanol for their Flex Fuel Vehicles, we can further reduce the use of petroleum and vastly improve our quality of life and environment for generations to come.
As always, I really appreciate hearing from you. Keep the messages ( This email address is being protected from spambots. You need JavaScript enabled to view it.) and calls (612.924.6495) coming with your biofuel questions and ideas for the next Buzz.

t rudnicki

By Tim Rudnicki, Esq.

Did you hear the news?  The United States Environmental Protection Agency (U.S. EPA) is proposing to roll back the amount of biofuels, like ethanol, to be mixed with gasoline.  Why?  When you dig deep into the rationale it goes like this: because the oil industry doesn’t want to blend more biofuels into gasoline!


Those of us who care about having fuel choice at the pump, saving money when fueling up, keeping the Minnesota biofuel producers that support over 12,000 jobs strong, decreasing pollution and keeping billions of energy dollars in Minnesota need to give the U.S. EPA an important reminder.

•    The Energy Policy Act of 2005, from eight long years ago, was the big hint given to the oil companies that they needed to do something about blending increasing amounts of biofuels, like ethanol, into the nation’s fuel supply for motor vehicles.

•    Two years later, via the Energy Independence and Security Act of 2007, Congress went even further to make clear its intent by explicitly stating the increased volumes of renewable fuel that needed to be blended into transportation fuel through the year 2022.

•    For 1.5 years the petroleum industry has had another approved fuel (E15 which is 15% ethanol and 85% petroleum) that can be used to meet its volume obligations intended by Congress.

The U.S. EPA proposed rule for 2014 sends the wrong message to the petroleum companies: do everything you can to not comply with the law and the law will be changed so you are in compliance.  That’s the wrong message because it gives the petroleum companies a “get out of jail free pass” while undermining Minnesotans’ efforts to use more renewable fuel.  The U.S. EPA proposed rule sets the amount of renewable fuel to be used below the amount which is already being used in Minnesota!

To the U.S. EPA we say: don’t undermine all that is important to Minnesotans like having fuel choice, maintaining our strong homegrown renewable energy industry, growing quality jobs, cutting pollution and keeping energy dollars on Main Street.  With eight years to prepare for this time, the petroleum industry does not deserve a free pass on fulfilling its obligations under the law.  Keep the original renewable fuel requirements and do what’s right for consumers.

If you think it’s important to keep moving forward with renewable fuels, now is the time to make your voice heard.  To help you communicate your support for biofuels and oppose the U.S. EPA proposed rule, check out this “Take Action Now” web banner (www.MnBioFuels.org ) for some ideas and contact information.

Don’t let the U.S. EPA take Minnesotans backwards when it comes to our future and quality of life.  Let’s keep working together and moving forward for a brighter, more sustainable energy future.

Please keep those email This email address is being protected from spambots. You need JavaScript enabled to view it.and calls (612.924.6495) coming with your biofuel questions and thoughts about how biofuels have improved your quality of life. 

t rudnicki

By Tim Rudnicki, Esq.

Last week, the Minnesota Department of Agriculture began a tour of ethanol plants in Minnesota to signal its support for the renewable fuel standard.

This tour, which ends next week, aims to raise awareness about a proposal by the Environmental Protection Agency that, if it becomes law, could severely and adversely impact the rural and overall economy in Minnesota.

To recap, the EPA has proposed to cut the statutory requirements for ethanol in 2014 under the renewable fuel standard, which calls for the production of 14.4 billion gallons of ethanol, by 10 percent to 13.01 billion gallons.

This is very puzzling because the EPA’s proposed requirement for this year is even lower than 2013, which was at 13.8 billion gallons, while the potential to use more ethanol is higher in 2014.

Those who support this proposal refer to the oil industry-created “blend wall” or claim decreasing gasoline sales. As such, they wrongly conclude ethanol use should decrease.

Right now, the bulk of gasoline sold in this country contains 10 percent ethanol (E10). The congressional intent behind the renewable fuel standard, however, is to have biofuels, like ethanol, comprise an ever-increasing volume of transportation fuel.

Thus, we need to decouple this notion that only 10 percent ethanol can be in the fuel mix. Fuels such as E15 (a higher octane fuel which contains 15 percent ethanol) can easily satisfy the original 2014 RFS requirements since 77 percent of vehicles on our roads today can use E15.

For Minnesota, the EPA’s proposal is bad news.

There are currently 21 ethanol plants in Minnesota, which makes us the fourth-largest ethanol producing state in the country. Given the state’s renewable energy policies going back to the 1990s and the implementation of the renewable fuel standard in 2005, ethanol has played a significant and positive role in our state’s economy.

With 1.1 billion gallons of ethanol produced annually, the ethanol industry here supports about 12,600 jobs and injects $5 billion into the economy per annum.

Should the EPA’s proposal go through, the MDA expects the state’s economy to lose $610 million this year with a loss of 1,532 jobs.

These jobs are directly linked to the ethanol industry and include personnel in the plant as well as the suppliers of products and services that help to keep the plants operating to produce clean, renewable fuel.

Not included in the calculation are farmers who provide the renewable ingredients used to produce ethanol. What will happen to these individuals and their families who run businesses in the communities where one of these ethanol plants are located?

Under the EPA’s proposal, ethanol production in Minnesota will be reduced by over 100 million gallons, causing a ripple effect that could cost the economy another $101 million in co-products, such as dried distillers grains, which is used as a high-protein animal feed.

Lower ethanol production also means consumers could stand to lose out on potential savings at the pump.

As previously mentioned, the renewable fuel standard sought to increase the availability of fuels such as E15 and in turn drive down the demand for and price of petroleum.

E15 is priced 10 to 15 cents less than regular gasoline and is available at select stations in the state. The Minnesota Bio-Fuels Association has been working with retail gas stations to increase the availability of E15.

But this momentum may be lost if the EPA’s proposed rule becomes law. Instead, it brings us backward because it sets a threshold below the current ethanol usage in Minnesota.

Ultimately, the EPA’s proposal is going to hurt our economy and consumers. It will lower the amount of ethanol used in 2014 and hinder efforts to reduce greenhouse gas emissions, save consumers money at the pump and build a strong foundation for the next generation of biofuels.

The bottom line is this: The EPA should reverse its proposed rule and stick to the original ethanol requirements Congress put in the renewable fuel standard.

We recently launched an online platform on mnbiofuels.org that enables Minnesotans to send a message to the EPA, the White House and the state’s Senate and House representatives in Washington.

Through this platform, it takes under a minute to send a message indicating your opposition to the EPA’s proposed rule. The EPA has set Jan 28 as the deadline for comments regarding its biofuel proposal. With enough voices, we may be able to persuade the EPA to reconsider its backward-looking proposal so we can keep moving forward to a more sustainable energy future with renewable biofuels like ethanol.

Please send any comments This email address is being protected from spambots. You need JavaScript enabled to view it.

t rudnicki

By Tim Rudnicki, Esq.

Whether you are taking a road trip, running errands around town or driving the kids to after school sports, most likely it’s biofuels that are helping you get to your destination.  When you fuel up with “regular,” at least one in 10 gallons is clean, renewable ethanol.  If you are among the growing number of drivers who are finding “E15" at your local retail station, at least 1.5 gallons in 10 is high octane ethanol.

Why should you care if you are buying biofuels?  In short, biofuels, such as ethanol, help to hold down the overall price of fuel, save you money at the pump and put all of us on the path toward a sustainable energy future.  If it weren’t for biofuels, gasoline prices would be from $1 to $1.69 more per gallon.  That’s because biofuels are pushing down demand for the more expensive, $108 per barrel, petroleum.  The piece found in this newsletter, “RFS Kept Gas Prices Down,” by Philip K. Verleger, Jr., gives us a broad perspective on the role of biofuels and how they help our household budgets.

As for additional savings, have you noticed the difference in price for E15, or E85, compared to regular gasoline?  If you drive a 2001 or newer vehicle, you can use E15.  For those who drive a Flex Fuel Vehicle (check for the badge on the back of your vehicle, statement on the gas cap or details in your owner’s manual to find out if you have such a vehicle), you can use E85 (that means up to 8.5 gallons in 10 is renewable ethanol).  A few days ago I paid 20 cents less per gallon for E15 compared to regular.  Even though I was buying a higher octane fuel for our turbocharged car, I paid less!   And at a nearby E85 dispenser, drivers of Flex Fuel Vehicles were waiting in lines to fill up at 87 cents less than regular.

Biofuels are about more than holding down prices and saving drivers money at the pump, they are about providing all of us with a renewable energy source for today as well as tomorrow.  Consider this:  Today’s 21st century biofuels come from the solar energy stored in renewable ingredients grown right here in Minnesota.

The full scientific analysis is a bit beyond the scope of this piece, but here is a high level view of what makes biofuels a sustainable and renewable energy source.  Thanks to photosynthesis, plants use solar energy, soil nutrients, water and carbon dioxide, a greenhouse gas, to grow during the spring, summer and fall seasons.  For instance, entire corn plants, the starch in kernels of corn or grasses, all can regenerate.  Next, the biofuel producers in Minnesota use natural processes, similar to those used in making beer, to unlock the solar energy stored in the renewable ingredients and thereby give us ethanol.

Much has changed over the years when it comes to making the biofuels that power our vehicles.  With low input farming practices used throughout Minnesota, farmers can grow more food and renewable ingredients on fewer acres.  Minnesota based biofuel producers use high efficiency boilers, recycle water and reuse heat to make a renewable fuel that is truly green. 

In addition to getting more energy out than what goes in to make ethanol, the total lifecycle greenhouse gas emissions (all the inputs to grow renewable ingredients and actually make ethanol) are 44% to 57% less than petroleum.  So every time you increase the amount of ethanol you are using, for example using E15 instead of regular, to get from place to place, you are helping to cut down on greenhouse gas emissions.  Check out “Why Are We Producing Biofuels?” (in this newsletter) for an expanded view on harnessing the sun’s energy.

It’s rather amazing when one stops to ponder what biofuels are and what they do for us.  In a society where we have been conditioned to think the only energy is that which comes from drilling, it is refreshing to know we, as Minnesotans, have the potential to grow our way into an even more sustainable energy solution.  I invite you to study the many scientific reports on our website to learn more about renewable ingredients and how biofuels are made here in Minnesota.  Biofuels move us from place to place, save us money and provide a renewable energy source for today and tomorrow.

Please keep those email This email address is being protected from spambots. You need JavaScript enabled to view it. and calls (612.888.9138) coming with your questions and thoughts about biofuels. 

t rudnicki

By Tim Rudnicki, Esq.

The Editor’s Note points to a major problem confronting society but it also points to part of the solution to the problem.  According to the Intergovernmental Panel on Climate Change (IPCC), many of the observed climate changes, including temperature, storm patterns and intensity and the amounts of rain and snowfall, are unprecedented over decades to millennia.  And the largest contribution to climate change “is caused by the increase in the atmospheric concentration of carbon dioxide.”  Carbon dioxide is one of the gases released from the fuel we use to power our vehicles.

Not all fuels are the same when it comes to carbon dioxide. In Greenhouse Gas Emissions Reduction: Biennial Report to the Minnesota Legislature (January 2013), the Minnesota Pollution Control Agency notes petroleum “fossil fuels contain carbon from millions of years ago which have long been removed from the carbon cycle.”  On the other hand, renewable biofuels, such as ethanol, are made from living plant material.  Fossil fuels cannot recapture carbon, but living plants can.  “Carbon dioxide will be used by plants during photosynthesis and incorporated into the next crop of biofuels.”

While the science behind some of these statements can be rather involved, one of the take aways is this: using more biofuels can help decrease the amount of greenhouse gas emissions.  That’s a good thing for all of us.

Remember, you are part of the solution to the climate change challenge.  In fact, if you have a 2001 or newer vehicle powered by a spark ignition engine, you can use E15.   E15 is a blend of 15% ethanol and 85% gasoline.  E15 is a higher octane fuel that is usually priced 10 cents to 15 cents under the price of a gallon of regular gasoline.  But with E15 you will be using 5% more biofuel than is found in regular gasoline.  

If you have a flex fuel vehicle (check owner’s manual, look for the badge on the back of your vehicle or check for a message on the gas cap), you can use even more biofuels, up to 85% ethanol.  With E85 you will be saving more than 80 cents a gallon compared to regular gasoline and driving down even more carbon emission each time you need to use your vehicle.

For more details about the reports referenced here, send me an This email address is being protected from spambots. You need JavaScript enabled to view it. or call me at 612.888.9138, Ext. 101.