In the News

Renewable Fuels Association

September 7, 2018

By Rachel Gantz

Brownfield News

August 29, 2018

By Mark Dorenkamp

U.S. Ag Secretary Sonny Perdue says President Trump wants E15 relief now.

Secretary Perdue visited the Farm Progress Show Wednesday, telling attendees of an RFS rally hosted by the Iowa Renewable Fuels Association he received a phone call from the President on his way in.

“He said ‘Sonny, I’ve got two things for you.  And one is we need to get this RFS situation straightened out and get E15 12 months.”

Perdue said this was the fifth or sixth time President Trump had reached out to him personally asking about a year-round waiver for E15.

“It’s on his mind, and he wants something done quickly.  He said ‘You get with that EPA administrator and bring me something next week that I can announce.”

Perdue says he’s optimistic a solution could materialize quickly, similar to the preliminary trade agreement between the U.S. and Mexico announced earlier this week.

Read the original article: President Trump Calls for E15 Relief Now

Ethanol Producer Magazine

August 30, 2018

By the Renewable Fuels Association and Growth Energy

The Renewable Fuels Association and Growth Energy today filed a lawsuit in federal district court, alleging that the U.S. EPA and U.S. Department of Energy have improperly denied agency records requested by RFA, Growth Energy, and others under the Freedom of Information Act. The requested documents relate to exemptions from Renewable Fuel Standard compliance obligations granted by EPA.

“As recently as November of 2016, EPA itself has proposed a rule that would make basic information regarding small refiner exemptions available to the public, including the name of the refinery requesting the exemption, its location, and the nature of the relief requested. EPA has admitted that such information should not be treated as confidential,” said RFA President and CEO Bob Dinneen. “So, why is EPA continuing to hide this information from public scrutiny and protect both the previous EPA administrator and highly profitable refiners who probably exploited and abused the exemption provision? Because EPA and DOE both ignored our repeated requests for basic information on the exemptions, we had no choice but to take this legal action. America’s ethanol producers, who are experiencing economic hardship because of EPA’s mishandling of the small refiner exemptions, deserve to know what was happening behind the curtain at EPA. We will continue to fight and take every action necessary to ensure the RFS is implemented and enforced as intended by Congress.”

“EPA should come clean and provide the public with what it deserves—a full accounting of the stark increase in the number of small refinery exemptions it has granted in recent years,” said Growth Energy CEO Emily Skor. “We deserve to know why EPA has supercharged its approvals of these exemptions without reallocating lost gallons and making sure that RFS volumes are met each year.”

RFA and Growth Energy are the named plaintiffs in the lawsuit, filed in the U.S. District Court for the District of Columbia. Both RFA and Growth Energy have submitted several records requests dating back to April 2018 seeking information related to exemptions from the RFS that EPA has granted to small refineries in complete secrecy. EPA and DOE have failed to act within the timeframes required by FOIA and have improperly withheld the requested documents.

By filing this lawsuit now, RFA, Growth Energy, and their allies in the renewable fuel industry aim to increase transparency and foster better oversight of EPA’s use of small refinery exemptions.

Background:

Under the RFS, refineries producing transportation fuel must demonstrate each year that they have blended certain volumes of renewable fuel into gasoline or diesel fuel or acquired credits from others called “RINs” representing all or part of those volume obligations. The RFS allows certain “small” refineries—those with a throughput of less than 75,000 barrels per day—to petition EPA for a temporary extension of an exemption from the renewable fuel volume requirements for a given year if they can show that compliance would impose a “disproportionate economic hardship” on them. EPA is required to consult with the Department of Energy to determine whether to grant an exemption. 

To date, EPA has yet to provide the public with any information regarding how it assesses small refinery exemption petitions and it has resisted release of almost all information regarding recent exemptions that have been granted, including: (1) the fact that it has granted an exemption; (2) the name of the exempted refinery; (3) the volume of renewable fuel exempted; (4) the years covered by the exemptions; (5) EPA’s analysis of whether the small refinery would be subject to disproportionate economic harm if it had to comply with the RFS.

Earlier this year, RFA, Growth Energy and allied organizations also filed a lawsuit in the D.C. Circuit Court of Appeals and a related administrative petition with EPA on the misuse of small refiner exemptions. In addition, RFA, the National Corn Growers Association, and other partners filed a lawsuit in the 10th Circuit Court of Appeals on specific exemptions improperly granted by EPA.

Read the original article: RFA, Growth Energy File Lawsuit Over RFS Exemption Records

Ethanol Producer Magazine

By Erin Voegele

Aug 29, 2018

A recent memo sent to the U.S. EPA by the USDA Office of the Chief Economist shows the USDA believes the EPA should account for the impact of small refinery hardship waivers in its annual Renewable Fuel Standard rulemaking.

The memo, dated Aug. 15, was filed as a public comment with regard to the EPA’s proposed rulemaking to set 2019 renewable volume obligations (RVOs) under the RFS, along with the 2020 RVO for biomass-based diesel. The public comment period on the rulemaking closed Aug. 17.

Within the memo the USDA said that although it is one of the agencies that participates in the internal comment period as publication of the final rule is in development, the department also elected to “publicly comment on specific points appearing from all commentators in the dock concerning issues, after reviewing the docket and proposed rule, which the USDA feels strongly should be considered when addressing the final rule.”

The memo outlines USDA support for accounting the impact of small refinery hardship waivers in annual RFS rulemakings. “USDA agrees with points in the docket which suggest that the current methodology in projecting zero small refinery waivers and volumes in the preliminary rule is inappropriate and results in an analytical inconsistency, significantly reduces the transparency of EPA operations and increases the uncertainty for market participants,” said the USDA in the memo. “Furthermore the USDA supports corrective suggestions for using a realistic projection of waived small refinery volumes of gasoline and diesel production in the docket concerning these points.”

The USDA cites a comment from interagency review that states the EPA should include an estimate for 2019 small refinery waivers based on waivers granted over the past two years, as current procedures ensure the RVO isn’t met.

“The USDA strongly agrees with this conclusion,” said the department in the memo, stressing that lack of a proper or correct estimate of small refinery waivers causes an inconsistency between the EPA analysis of available supplies used in setting the RVOs, the percent standards, the costs calculated for the program, and EPA assertions that actions are “RIN stock neutral.” According to the USDA, “current methodology results in over estimating costs, a failure to hit the total RVO supported by the analysis, and has resulted in a more than doubling of carry in stocks of RINs, despite the year over year increase in the stated total RVO.”

The USDA also expresses its agreement with a comment that asks the EPA to provide information on total volumes waived, the status of 2018 waivers at the time of release, and a discussion about the use of small refinery waiver estimates for gasoline and diesel. According to the UDSA, a lack of public information regarding the number and size of small refinery waivers adds volatility to the RIN markets, reduces market transparency and efficiency, and raises costs of the program.

The memo also discusses the EPA’s use of its cellulosic waiver authority. While the USDA said it does not disagree with the appropriateness of using the cellulosic waiver authority to lower the total and cellulosic standards, the department stressed that it does disagree with newly stated constrains the EPA has placed on the agency when those waivers are applied. The memo explains that there has been a change in tone within the RFS rulemaking under which the agency has imposed on itself the idea that total and advanced RVOs must be reduced by the same amount. A comment cited by the USDA states this change of tone should be removed to “remain consistent with [the agency’s] previous rules noting that this simply reflects a preference for advanced over conventional fuels, if available, when backfilling the cellulosic waiver.”

In the memo, the USDA states “it is unclear why EPA would add or reinforce language which places a constraint on future actions.” The USDA goes on to explain that under a scenario where the market was able to absorb ethanol, but supplies of advanced biofuels were constrained, the result of the artificial constraint laid out by EPA in the proposed rule would give preference to gasoline usage, which results in no greenhouse gas (GHG) reductions, over corn ethanol, which results in a 20 percent GHG reduction.

A full copy of the memo can be downloaded from the Regulations.gov website.

E&E News 

August 22, 2018

By Marc Heller

EPA is sharply underestimating the amount of cellulosic ethanol that U.S. companies could produce — and its own administrative lag is partly to blame, industry sources say.

The agency faces a backlog of applications from companies that want to make cellulosic biofuel from various feedstocks and have them qualify under the federal renewable fuel standard's mandates. That's discouraging investment and undermining the RFS, said the Biotechnology Innovation Organization, a trade group supporting biofuels.

"Cellulosic biofuel companies have waited on average more than 29 months for EPA to address their petitions for approval. Due to these delays, six have abandoned plans to produce biofuels due to the impact of petition approval delay. Three additional companies simply withdrew their petitions for the same reason," the organization said in comments submitted to EPA for the agency's proposed 2019 biofuel volumes.

"A wait time of multiple years can be fatal for commercialization of new technology," the organization said. "Without a pathway to the fuel market, companies find it difficult to attract the investment necessary to initiate, continue, and complete the construction and startup of new facilities."

In some cases, companies using feedstocks already allowed as "pathways" under the RFS are waiting for EPA to approve related applications, such as for registering facilities that plan to make ethanol from corn kernel fibers.

At EPA, the challenge may be both bureaucratic and technical. The agency said it received more than 1,700 requests for fuels registrations last year and already a similar number to handle this year.

"Registration applications under the cellulosic pathways are typically among the most complicated and resource intensive to evaluate," an EPA spokesman said. "A number of the registration requests for cellulosic pathways involve novel regulatory and technical issues that must be resolved prior to facility registration."

The pipeline wasn't always so slow, said Brian Thome, president and CEO of Edeniq Inc., a Visalia, Calif., company that develops ways to produce and measure cellulosic ethanol from corn kernel fiber. In 2017, the agency typically moved applications along within six to eight months, and the Trump and Obama administrations each approved applications for the company's clients, he said.

Still, Thome said, he believes factors other than staffing shortages and technical issues may be at play. And while he declined to speculate on what those are, the administration has sent mixed signals on ethanol generally. EPA recently approved an RFS pathway for sorghum, for instance, but the agency's increased granting of RFS waivers to small petroleum refineries has irked the ethanol industry.

Several applications are pending at EPA for Edeniq clients, Thome said, adding that his interactions with the agency over time have been positive. EPA officials haven't told him of any staffing shortages, Thome said, but they have said the agency is trying to decide how to approach applications from multiple companies using very similar technologies.

Edeniq outlined some of its concerns in comments submitted to EPA on the proposed 2019 biofuel volumes.

EPA has also projected, overall, that cellulosic ethanol production will increase in 2019. The proposed volumes in the agency's published rule would climb from 288 million gallons this year to 381 million gallons in 2019, although most of that represents compressed natural gas and liquefied natural gas derived from biogas, EPA said.

The agency proposed 24 million gallons of liquid cellulosic ethanol for next year. With approvals in place, the industry could provide as much as 50 million gallons more than that, Edeniq said in comments submitted to the agency. Thome told E&E News that as much as 100 million gallons of the biofuel could be at stake.

"This is real volume and growth that appear to be sitting still now," Thome told E&E News.

Overall, cellulosic ethanol trails far behind where Congress thought it would be as a fuel source when the RFS was updated in 2007. The RFS mandated 8.5 billion gallons for 2019, and EPA proposed to use its waiver authority, as it has done in prior years, to set a lower level.

In its proposed rule, EPA said it bases the cellulosic biofuel volumes on facilities already registered, as well as ones officials believe will come on line. The projections aren't always on target; for 2015, the agency underestimated production. Then, estimates for 2016 and 2017 turned out too high, EPA said.

The "somewhat inaccurate" track record, the agency said, reflects the inherent difficulty with projecting cellulosic biofuel production. "It also emphasizes the importance of continuing to make refinements to our projection methodology in order to make our projections more accurate," EPA said.

This year, the agency has made improvements to the registration review system, including a more streamlined approach and posting a pending application list, a spokesman said.

Reprinted with permission from E&E News 

Read the original article: Industry faults EPA as Cellulosic Ethanol Production Lags

August 2018

advancedfueldynamics2

Advanced Fuel Dynamics, the leading manufacturer of performance flex fuel systems, released its PROFLEX Commander flex fuel system for multiple UTV applications. Available for major powersports manufacturers such as Polaris, Yamaha, Can-Am, and Textron, this system allows UTV-owners to install a hassle-free and ready-to-use fully flex fuel system for their off-road vehicle so they can immediately start making more power on E85 fuel.

Advanced Fuel Dynamics’ PROFLEX Commander turns a gasoline-powered vehicle into a flex fuel vehicle capable of running E85, gas, or any mixture of ethanol and gas. The PROFLEX Commander allows the user to run any fuel mixture without the need to adjust the tune or switch maps. The kits are installed through a simple bolt-on installation and are compatible with the vehicle’s factory or aftermarket tune.

Advanced Fuel Dynamics offers its PROFLEX Commander for a variety of powersports manufacturers. Specific applications include the 2008-2015 Polaris RZR 4 800 and RZR S 800, 2016 and up Yamaha YXZ1000R, Can-Am Commander 1000 and Textron Wildcat Sport 700 and Wildcat XX.

Each PROFLEX Commander system comes with the PROFLEX Commander unit, a Flex Fuel Sensor with fuel lines and fittings, and a wiring harness for each application. The kit also allows for smartphone connectivity through the PROFLEX Connect app, enabling the user to monitor ethanol content in real time.

For more information on the PROFLEX Commander fuel system and applications, please visit www.advancedfueldynamics.com. Each PROFLEX Commander kit is backed by a limited 12-month warranty and comes standard with all parts needed for installation.

Read the original press release: Advanced Fuel Dynamics Announces Performance Flex Fuel Systems For UTV Applications

Energy Information Administration

Aug 15, 2018

Six states accounted for 72 percent of U.S. fuel ethanol production in 2016, according to the most recent estimates from EIA’s State Energy Data System. Iowa, Nebraska, Illinois, Minnesota, Indiana, and South Dakota collectively produced 265 million barrels of fuel ethanol out of the U.S. total of 367 million barrels. All 6 states are among the top 10 U.S. producers of corn, the primary feedstock for ethanol plants, according to the U.S. Department of Agriculture (USDA)

U.S. fuel ethanol production more than doubled from 2006 to 2016. The Energy Policy Act of 2005 created the Renewable Fuel Standard, and by the end of that decade, most motor gasoline sold in the United States was blended with 10% fuel ethanol by volume. In recent years, growth in export markets has contributed to further increases in domestic fuel ethanol production.

Iowa’s 41 ethanol plants have a capacity of more than 102 million barrels of fuel ethanol per year. The state’s capacity is nearly twice that of the next-highest state and represents about 19 percent of total U.S. ethanol production capacity. The state has also received grant money from the USDA’s Biofuel Infrastructure Partnership (BIP) and now has 256 public E85 stations, the third-most in the nation, according to the U.S. Department of Energy’s Alternative Fuels Data Center. E85 is a gasoline-ethanol blend containing 51 percent to 83 percent ethanol.

Nebraska’s 26 ethanol plants have a combined nameplate capacity of more than 50 million barrels per year, the second-highest level in the nation. The plants use more than 700 million bushels of corn per year and annually produce more than 6 million tons of distillers’ grains, which are used to feed cattle.

Illinois, with 13 ethanol plants capable of producing 40 million barrels per year, has the third-highest annual fuel ethanol nameplate capacity in the nation. The state’s farmland, which covers about three-quarters of the state’s total land area, provides most of the corn used as the feedstock for the plants. Illinois has also received grant money from the BIP and has the second-highest number of public E85 stations, at 262.

Minnesota’s 19 ethanol plants have a nameplate capacity of 28 million barrels per year. In 2007, the Minnesota legislature created a four-year grant program that offered incentives to encourage the adoption of E85. By the end of the program in 2011, Minnesota had 78 public E85 stations. The state has since received BIP grant money and now leads the nation with almost 400 public E85 refueling stations, more than one-tenth of the U.S. total.

Indiana and South Dakota each have more than 27 million barrels of annual nameplate capacity, at 14 and 15 plants, respectively. Although it is one of the top national ethanol producers, South Dakota consumes only about 50 million gallons of fuel ethanol per year, making it a major supplier to other states.

EIA ethanol production

Agri Pulse

Aug 15, 2018

By Spencer Chase

Sen. Chuck Grassley says the Environmental Protection Agency is no longer considering a controversial provision that would have made exported ethanol and biodiesel eligible for the credits used to measure compliance with the federal blending mandate.

The Iowa Republican makes the inference based on recent dialogue with EPA Acting Administrator Andrew Wheeler, leading him to conclude the policy is no longer being considered as a potential compromise that would allow for year-round sale of E15.

“Only one thing you can say for certain, that the idea that (former EPA Administrator Scott) Pruitt had and refineries were pushing to have RINs applied to exports, that’s not on the table,” Grassley told reporters Wednesday morning.

The idea of making exported biofuels eligible for Renewable Identification Numbers – the credits used to track Renewable Fuel Standard compliance – has seen a good deal of movement in the last 12 months. Pruitt sent a letter to Capitol Hill in October assuring lawmakers that at the time, EPA had “not taken any formal action to propose this idea, nor will EPA pursue regulations.”

But the idea reemerged earlier this year, leading President Donald Trump to reject a deal that would have traded the export RIN for the Reid Vapor Pressure waiver necessary for year-round E15 sales.

The export RIN being taken out of consideration would be a win for ethanol interests, but the desire to secure the RVP waiver remains. Grassley said he believes Wheeler is acting on a directive from the White House to find a deal.

“There seems to be a real message from the White House to Wheeler to do something for E15 12 months out of the year, but there has to be something also done for refineries,” he said. “So I think Wheeler is trying to find some balance.”

Wheeler addressed the issue shortly after being named EPA’s acting administrator, telling reporters that any changes to the RFS would need to move as a package. Those comments seemingly eliminated the possibility the agency could pursue the RVP waiver as a standalone action, something Grassley – and a host of pro-biofuel lawmakers and lobbyists – still hopes could happen.

“I can’t say for sure he’s of this frame of mind, but I sure hope he … that we’ve already accomplished what the refineries want, and he would just go ahead with just something for ethanol,” Grassley said, noting the drop in RIN prices since biofuel talks at the administration level began.

Under a provision in the Clean Air Act, E15 - a gasoline mix with 15 percent ethanol - cannot be sold during the summer months, a restriction that begins in June. Grassley said he drew the conclusion from his conversations with Wheeler that he wants to “get it done a long time before next season,” and “there may be some time limit that he has set for himself, and he didn’t say what it was, but if he doesn’t find some sort of compromise, that he’s going to have to move ahead anyway.”

In a statement to Agri-Pulse, EPA spokesman Michael Abboud did not address specific questions about the export RIN, but he noted the agency is working with the White House as well as the Energy and Agriculture departments “to develop a win-win solution for the president that provides regulatory relief for the agriculture community and RIN stability for our nation’s refiners.”

Read the original story here : Grassley Says EPA No Longer Considering Export RINs