Media

t rudnicki

By Timothy J. Rudnicki, Esq

With 598 House Bills and 499 Senate Bills introduced as of January 30, a fired up legislature and four more months remaining in the 2017 Legislative Session, we have an excellent opportunity to do more advocacy on behalf of the biofuel and renewable chemical industries in Minnesota.

As usual, the Minnesota Bio-Fuels Association will work both defense and offense. Thus far, at some point in every legislative session, we have seen bills introduced which, either by accident or intent, attempt to hack away at the core of Minnesota’s biofuel and renewable chemical industries. Regardless what the attack might be, MBA is there to confront, challenge and change the offending bill. 

MBA also works on the offense. For instance, this session MBA is working with key stakeholders and legislative bill champions in the Minnesota House and Senate to advance a couple of bills. One bill involves a tax credit to jump start a new technology and the other bill is aimed at giving at least 150 fuel retailers the types of resources they need so they can rapidly transition to making E15 the new unleaded regular fuel in Minnesota.

The first technology bill holds some super potential to increase efficiency of production. At issue is the need to stimulate the generation of electricity onsite with, for example, combined heat and power systems or expander generators or some combination of both. These energy technologies can enable renewable biofuel and chemical producers to use cleaner energy and further lower their carbon footprints.

With these energy efficiency technologies, carbon footprints are lowered in at least two ways.  First, when a producer generates their electricity onsite, they immediately reduce the problem associated with transmitting electricity over long distances: line loss. The resistence of the transmission wires essentially “wastes” electricity, hence the term line loss, yet energy had to be used to generate that electricity. So, when renewable biofuel and chemical producers use the onsite generating technology they can cut the amount of wasted energy due to line loss.

Biofuel and renewable chemical producers can also reduce the carbon footprints of their products with the onsite generating technology because the technology uses cleaner fuel to make electricity. While the vast majority of the grid serving Minnesota is still powered with very carbon intensive fuel, the biofuel and renewable chemical producers can use much less carbon intensive fuel such as natural gas, biogas or pressure differentials. 

Today’s onsite electricity generating technology is really fantastic. A combined heat and power system produces both the heat needed to process renewable biofuels and chemicals and to generate the electricity used to power, for instance, fans and pumps. The expander generators convert high pressure gases or fluids to lower pressure by taking and using the pressure (energy) to spin a generator to produce electricity. Given the tremendous environmental benefits associated with these systems, as well as the potential to jump start the use of this dormant technology, MBA is working with lawmakers to advance a bill that would provide a phased out tax credit to producers.

Another key bill is the 2017 biofuel infrastructure build out program. This bill aims to literally build upon the success of the Biofuel Infrastructure Partnership Program which was funded by the US Department of Agriculture and matched with grants from the Minnesota Department of Agriculture and the ethanol industry.

Through the course of its work with fuel retailers across Minnesota, MBA has identified another set of more than 100 fuel retailers who are interested in and prepared to offer E15 and higher blends if they can get some assistance. We have identified a range of needs for the retailers including from those requiring relatively minor adjustments to their dispensers to those who could offer two or three tankers of E15 a week to their customers but for some changes that need to be made to their tanks or pipes or dispensers. The multi-million dollar bill at issue could go a long way to making E15 the new regular, boosting the Minnesota economy with homegrown biofuels and driving down GHG emissions.

When E15 is the new regular fuel, renewable ethanol will cut an additional 358,000 metric tons annually of carbon dioxide equivalent gas from the atmosphere. That’s the equivalent of taking about 75,368 passenger vehicles off Minnesota roadways. A few million dollars can get GHG emission reductions within a matter of months. It would cost several billion dollars to displace the same number of passenger vehicles with alternative technology.

In short, both of the bills spearheaded by MBA hold tremendous potential to boost the biofuel and renewable chemical industries in Minnesota, jump start an energy efficiency technology, expand annual consumer fuel savings by about $240 million and drive down those GHG emissions now.  For more news between newsletters, be sure to follow us on Facebook and Twitter. As always, I welcome you comments This email address is being protected from spambots. You need JavaScript enabled to view it..

t rudnicki

By Timothy J. Rudnicki, Esq

The current legislative session in Minnesota has been filled with policy and finance bills. For instance, 1,824 bills have already been introduced in the Minnesota House of Representatives. In the Senate, 1,572 bills have been introduced. But among the more than 3,000 bills are two which can unlock and unleash the full energy security, economic, environmental and consumer benefits of renewable ethanol made in Minnesota.

The key to unlocking all this potential is currently in the hands of legislators and embodied in House File 1257 and Senate File 1277.

First, a bit of context.

Minnesota Statute 239.7911 calls for at least 25 percent biofuel use within the transportation fuel market by 2020. As of 2015, ethanol comprised approximately 12.47 percent of transportation fuel in Minnesota. The gap between the 2015 metrics and the 2020 target can be bridged, in part, with a robust program to help fuel retailers make some technical decisions and install the most appropriate and cost-effective fuel storage and dispensing systems so they can offer E15 and higher blends to consumers.

Although Minnesota ethanol producers can supply the transportation sector with more renewable biofuel, some fuel storage and dispensing equipment needs to be adjusted or replaced to handle E15. Both House File 1257 and Senate File 1277 provide the necessary funding for technical assistance and appropriate technology so fuel wholesalers and retailers can ween themselves from foreign oil. More importantly, more stations will be able to dispense E15, thus increasing access to a clean, locally-produced fuel that is growing in popularity. 

While only 2 percent of retail fuel stations in Minnesota are equipped to offer E15 (also known as Unleaded Plus), where E15 is available, consumers choose it. E15 sales in Minnesota hit an all-time high of 5.68 million gallons in 2016, nearly double the volume in 2015. In fact, each month in the fourth quarter of 2016 broke a new monthly record with 550,270 gallons (October 2016), 742,253 gallons (November 2016) and 841,589 gallons (December 2016). Moreover, the volume in December 2016 was 60 percent higher than the total recorded in December 2015 (528,171 gallons).

Millions of Minnesotans will benefit from this biofuel bill. But for solar and wind energy and biofuels, Minnesota imports all the rest of its energy. Using more biofuels made in Minnesota keeps energy dollars in the state.  According to the 2016 ABF Economic Report, the Minnesota ethanol Industry supported about 18,000 jobs, contributed $2 billion to the GDP, paid $80 million to state and local taxes and, in more human terms, generated nearly $1.5 billion in household income.

When the legislators use the biofuel key to unlock the potential of made-in-Minnesota biofuel, additional benefits could flow to consumers. If, for instance, E15 was ubiquitous, based on current market conditions and demand analysis, annual fuel cost savings to consumers are estimated to range from $168 million to $240 million. Additionally, E15 could reduce air pollution while also reducing GHG emissions by an additional 358,000 metric tons annually or the equivalent of removing approximately 76,000 vehicles from Minnesota roadways.

Thus far, Minnesota legislators are taking some action on the biofuel key. On Monday, February 27, the Minnesota Senate Agriculture, Rural Development, and Housing Finance Committee held a hearing on the bill.  The House Agriculture Policy Committee is scheduled to take up the bill on March 1.  For those Minnesotans who support greater access to renewable biofuel made in Minnesota, now is the time to contact the Members of the House and Senate Committees to voice your support for House File 1257 and Senate File 1277.

In the final analysis, the key to unlocking more of the benefits of biofuels in Minnesota rests with legislators.  While legislators have many public policy, economic, consumer, energy security and environmental reasons to use the biofuel key, they need to hear from you.  

t rudnicki

By Timothy J. Rudnicki, Esq

The current biofuels infrastructure bill in the Minnesota legislature (House File 1257 and Senate File 1277) is really more than just increasing fuel tanks, pipes and dispensers.

It's about bolstering Minnesota's energy security, saving consumers at the pump, driving down greenhouse gas emissions and boosting Minnesota's economy. And to fully realize these economic, environmental and social benefits, there needs to be greater access to E15 in Minnesota. That's where this biofuels infrastructure bill comes in.

If the state invests $12.5 million in E15 infrastructure, some 150 additional stations would be able to dispense E15, which in turn could potentially increase E15 consumption in Minnesota to 150 million gallons annually.

More E15 equals less harmful greenhouse gas emissions. A University of Illinois analysis shows that if all gasoline in Minnesota contained 15 percent ethanol instead of just 10 percent, greenhouse gas emissions would be reduced by an additional  358,000 metric tons annually. To put that into perspective, we would need to remove 75,368 vehicles from our roads annually to achieve the same result.

Investing in E15 infrastructure will also have a positive impact on Minnesota's economy.

An independent analysis by ABF Economics shows that this one-time investment of $12.5 million would boost Minnesota's GDP by $35.9 million, support 276 full-time jobs, generate $25.5 million in household income and pay $1.4 million in state and local taxes.  

This biofuels infrastructure bill will also play a critical role in meeting Minn. Stat 239.7911, which states biofuels should comprise 25 percent in transportation fuel by 2020.

As of 2015, biofuels comprised 12.47 percent of transportation fuel in Minnesota. Increasing access and usage of E15 would certainly help us meet the goals set in Minn. State 239.7911.

Last but not least, an investment of $12.5 million is just 7/10 of 1 percent of Minnesota's projected budget surplus of $1.65 billion that is available for the upcoming biennium.

The facts are plain to see. Minnesota has much to gain from this biofuels infrastructure bill and we call upon Minnesota lawmakers to pass this bill and send it to Gov. Mark Dayton.

t rudnicki

By Timothy J. Rudnicki, Esq

Right now Minnesota legislators have the opportunity to bolster the household income of Minnesotans by $25 million while supporting 276 jobs and generating $35.9 million in gross domestic product (GDP).  Prudent budget action by legislators could generate additional benefits which include cutting air pollution and greenhouse gas emissions by 358,000 metric tons annually and generating $1.4 million in state and local taxes.

What stands in the way of the Minnesota legislature’s actualization of these positive social, environmental and economic benefits?  Budget targets, potentially, could be the road block. 

Legislators tell us they support funding the expansion of biofuel infrastructure because they recognize the very tangible benefits to Minnesotans.  Legislators tell us they understand when consumers have access to a “Made In Minnesota Biofuel,” especially one with more octane at a lower cost, they purchase it.  And legislators tell us they recognize the artificial barriers that have been raised against biofuels and they understand we need to lower those barriers by providing a helping hand to fuel retailers who choose to offer E15 and higher blends to consumers.

But then legislators lament the anticipated budget targets, which are expected to be too low, because there will be little or no room for meritorious initiatives such as the expansion of biofuel infrastructure.

With a $45 billion biennial budget and an estimated $1.65 billion budget surplus, I cannot understand how legislative leaders might not even consider the significant return on a modest policy proposal calling for $12 million to fund the expansion of Minnesota’s biofuel infrastructure. 

After following some of the thousands of policy bills and funding requests that have been introduced this legislative session, I understand full well that there are many competing interests for scarce taxpayer dollars.  So how do legislators decide which issues are worthy of some funding from our budget surplus? 

If the weight of the case or issue is a deciding factor, I respectfully suggest they give careful consideration to our case because it has substantial benefits.

Minnesota is home to 5.5 million based on July 2016 U.S. Census estimates.  Does having cleaner air for Minnesotans carry any weight?  Ethanol is free of toxins, such as benzene and toluene, found in petroleum gasoline.  Making more ethanol available to Minnesotans is good for the environment and human health.  Additionally, using just 5 percent more ethanol can have the same GHG emissions reduction effect as taking 75,368 vehicles off Minnesota roadways.

An analysis by ABF Economics shows that a $12 million investment in E15 infrastructure would result in $35.9 million to the state’s GDP, generate $25.5 million in household income and contribute $1.4 million in state and local taxes. If the legislature’s purpose is understood to include making policy and funding decisions which improve the lives of Minnesotans, then the modest $12 million biofuel infrastructure funding request, with all its benefits, should be an easy call.

With the early success of the USDA Biofuel Infrastructure Partnership Program making E15 available at 138 locations in Minnesota, ethanol plant modernization and expansion projects, including the $146 million Al-Corn Clean Fuel expansion, and at least another 150 retailers prepared to submit project proposals to offer E15, now is the time for legislators to act and build upon success.

According to the National Renewable Energy Laboratory, we can achieve market penetration with approximately 600 fuel retailers offering E15.  If legislators choose to allocate $12 million from the $1.65 billion budget surplus to continue expanding biofuel infrastructure, we will be at the halfway mark in making high octane, low carbon E15 the new regular for Minnesotans.  We all win with cleaner air, lower carbon emissions and a boost to the economy and household income.

timtestifying

Picture Caption : Rudnicki testifying on the benefits of the Biofuel Infrastructure Bill to legislators in St Paul

t rudnicki

By Timothy J. Rudnicki, Esq

The Minnesota Bio-Fuels Association is working to facilitate the rapid adoption of E15 by consumers as the new regular fuel across Minnesota. Given MBA’s work, we often engage with the many minutiae that go into advancing the use of E15. When it comes to related advocacy issues, communication messages and fuel supply chain projects, those many details we work on and how they are handled can often make the difference between obtaining or not obtaining funding for biofuel infrastructure, converting or not converting consumers to E15 use and having or not having an availability of E15 in the marketplace.

By working on the many minutiae in these three key areas, we can often identify those artificial barriers that do indeed substantively impact and matter to producers and consumers. And from our vantage point, we can often identify barriers the industry imposes upon itself.

Those self-imposed barriers are actually ones we, as an industry, should be able to easily and effectively manage for more productive outcomes. For instance, from our vantage point in the trenches, so to speak, we sometimes wonder whether those who proclaim to speak for the renewable biofuel industry actually understand how educated and informed consumers make fuel purchase decisions at the retail level.

In the last few months MBA completed more than 40 retailer promotions, building upon the success we have had with these outreach initiatives for more than two years. Included among these promotions are field events where we literally engage with consumers onsite at a retail fuel station.We have built our outreach projects upon sound field research, the provision of training for retail staff, carefully listening to consumers and ramping up social media.

We take some preliminary steps before we directly engage with a potential E15 consumer at a retailer’s fuel station. First, we make some observations. Is the person approachable? Can the vehicle use E15?  Only then do we approach the person in a respectful and professional manner. Based on these direct observations of and engagement with potential E15 consumers, we have learned a few things over the last couple of years.

One thing we know is this: the suggestion that if only E15 or E30 were available, then consumers will automatically use it as the new regular fuel is wishful thinking. In our estimation, this is an example of a self-imposed industry barrier because it prevents the industry from actually wrestling with the reality on the ground. That Lexus owner who wants to speak with the dealer before trying E15 or the VW Golf GTI owner concerned about the effect of E15 on the turbocharger have concerns that are valid to them. And these examples are just a few of the real concerns, whether technically valid or not, that many consumers still have.

Given sales of E15 in Minnesota breached the one million gallon mark in March, people are indeed buying E15. Greater availability of E15 in the marketplace and some price differential, typically 10 cents per gallon, between E15 and regular certainly have helped to increase sales. But only when E15 sales reach approximately 166 million gallons per month can we say E15 is indeed the new regular fuel in Minnesota.

To reach this target, it’s time for the industry to let go of some self-imposed barriers.

In addition to the fuel retailer events, the Minnesota Bio-Fuels Association also provides training services for fuel retailers and their staff. This training helps the fuel retailer team understand E15 so they can be comfortable and competent in answering consumer questions. We also help fuel retailers simplify required labeling at the dispenser. Our work with fuel retailers in this area has helped to give consumers some certainty, clarity and consistency so they can purchase E15 with confidence. 

Interestingly, just as consumers are coming to learn and expect that E15 is 88 octane or Unleaded Plus, now some retailers are adopting "eblend88" as a new product name. While there may be some business reason for this change, it certainly creates confusion in the mind of consumers. And for those consumers who want a simple purchase experience rather than go through another learning exercise, they may simply revert back to E10.

Certainly there are artificial barriers to E15. Some are very tangible and can have profound adverse effects on consumer purchase decisions. Examples of these barriers include the summer RVP constraint and the many dispenser labels which can scare a customer away.

We can do more advocacy around some of the external barriers. But the self-imposed barriers to how we think consumers consider biofuels and make a purchase decision can only be addressed internally. Let’s open up our thinking and use more consumer research and science to tackle the difficult issues so E15 and higher blends of renewable fuel can indeed displace more carbon intensive, finite fossil fuels. We will all benefit when we cross this bridge together.

t rudnicki

By Timothy J. Rudnicki, Esq

As we approach the end of the 2017 RVP season for E15, we’re getting some suggestions from various quarters that RVP relief may be at hand.  Well yes, September 16 is almost here.  If, however, the suggestion is that the EPA and/or President Trump is prepared to make some authentic regulatory change, then let’s see the amendment or executive order. 

Quite frankly, I really wonder how the EPA could square a change with the RVP standard after it released the proposed RVO numbers just a few weeks ago.  The connection between the RVP and proposed RVO rule rests not with an explicit reference to RVP but rather the Agency’s tortured reasoning and clinging to the blendwall fiction so as to rationalize its perverted analysis of the market barriers to higher levels of biofuel use.

Here is what the EPA states in the Federal Register at 34231:

We continue to believe that the constraints associated with the E10 blendwall do not represent a firm barrier that cannot be crossed. Rather, the E10 blendwall marks the transition from relatively straightforward and easily achievable increases in ethanol consumption as E10 to those increases in ethanol consumption as E15 and E85 that are more challenging to achieve. However, we also recognize that the market is not unlimited in its ability to respond to the standards we set. This is true both for expanded use of ethanol and for non-ethanol renewable fuels. The fuels marketplace in the United States is large, diverse, and complex, made up of many different players with different, and often competing, interests. Substantial growth in the renewable fuel volumes beyond current levels will require action by many different parts of the fuel market, and a constraint in any one part of the market can act to limit the growth in renewable fuel supply.

Well, for sake of argument, let’s accept this faulty or incomplete premise for why E15 has yet to be the new regular fuel across Minnesota. The EPA tells us the fuels marketplace is complex, there are numerous actors with competing interests and that a barrier in one part of the market (e.g., the petroleum industry which has failed to make its own investment in infrastructure to make E15 available to consumers) can limit the growth in, for instance, E15. While the EPA analysis may have accurately identified some elements which are or could be constraints to greater use of biofuels, the EPA fails to state the most obvious reason for the 25 percent market shortfall in E15 sales at this point in time: the Reid Vapor Pressure (RVP) Standard.

In June, the first month of the RVP season, E15 sales in Minnesota fell 58 percent. Thanks to the outstanding field work being done by MBA’s fuel retail/wholesale supply chain marketing specialist, we have learned that some stations have even lost from 76 percent to 97 percent of their E15 sales. On our social media platforms, station managers have complained how their customers are confused by the RVP rule. And, based on our observations over the last few years, following the RVP season, it can take as long as 45 to 60 days for retailers to reach the same volume of E15 sales they had prior to the RVP season.

So, if the EPA really wants to know about a market constraint, look no further than the RVP. And unlike the other ambiguous problems the EPA identified above, the EPA actually has the authority to fix the RVP mess.

Meanwhile, until we see an RVP announcement (or any interest in addressing it) from the EPA, we will continue to explore new avenues for removing the RVP market constraint before the 2018 RVP season is here. Toward that end, while MBA continues to monitor and engage with stakeholders, where possible, on either a regional or nationwide basis, MBA is also taking an alternate pathway toward a possible solution.

MBA is preparing to launch a new campaign that calls for direct engagement with state regulators in other parts of the United States as well as with key state agencies in Minnesota to craft a pilot project. While the elements of the project remain fluid, we are exploring ways to leverage E15 to either halt the rise in PM2.5 or use E15 in an attainment zone where zip code zone air quality monitoring can be used to obtain real world data about the effects of E15 use during the summer. Our theory of the case is either E15 will have no adverse effect or the ozone level will drop.

Meanwhile, we hit a major milestone this month on Combined Heat & Power (CHP) issues. CHP and similar energy efficiency technology can produce the heat and some of the electricity used by an ethanol plant to produce biofuels. The enhanced energy efficiency from CHP is good for the environment and biofuel producers because the already favorable carbon index for ethanol gets even better.

MBA is working to obtain some tax credits to help stimulate the use of CHP. This effort also dovetails with various economic and environmental policies in Minnesota. Toward this end, MBA succeeded in crossing the first major threshold: bringing together a coalition of disparate interests to begin educating lawmakers about the role of CHP in stimulating economic growth, improving environmental quality and helping businesses meet corporate sustainability goals. Although much more work remains to be done, this project is indeed moving in the proper direction.

As always, I look forward to hearing from you.

t rudnicki

By Timothy J. Rudnicki, Esq

A proposed rule to cut advanced biofuels. A proposed rule to give the automakers a free pass to backslide on mpg’s in the CAFE Standard when the high octane ethanol mid-level blend solution is staring them in the face. And now it’s been reported that there is a proposal to essentially offshore the RFS?

President Trump, have you forgotten about your commitment to rural communities and your supposed support for ethanol? If you give one iota for the wellbeing of rural communities and Americans generally as well as the rule of law, then tell your EPA Administrator to back off the RFS.

The latest attack on the RFS is the ultimate attempt to repudiate the RFS and congressional intent. If blenders were to be allowed to satisfy their obligations under the RFS through export, the RFS would be gutted. Republicans and Democrats agreed the purpose of the RFS is to address onshore energy issues in the United States. In other words, the RFS is about actual displacement of finite, carbon intensive petroleum with renewable biofuels.

In other words, the RFS is about energy issues right here in the United States.

It is about paving the way for E30 and making America even more energy independent. Offshoring the RFS might enrich a few on a short-term basis, but it undermines us as a nation and people. Please, Mr. President, show some respect for your own commitments, the RFS and the rule of law.

President George W. Bush, State of the Union Address 2006:

“Keeping America competitive requires affordable energy. And here we have a serious problem: America is addicted to oil, [Emphasis Added] which is often imported from unstable parts of the world. The best way to break this addiction is through technology. . . .

“By applying the talent and technology of America, this country can dramatically improve our environment, move beyond a petroleum-based economy, and make our dependence on Middle Eastern oil a thing of the past.”

Rep. Betty McCollum of Minnesota in the House of Representatives, Dec 6, 2007 regarding the Energy Independence and Security Act (EISA):

“Mr. Speaker, I rise today in strong support of the Energy Independence and Security Act. With this legislation, the new Democratic Congress is leading America in a new direction on energy policy. This is the most significant energy bill in a generation. The House is taking a major step toward ending our dependence on foreign oil by increasing efficiency standards for cars and trucks for the first time in over 30 years. . . .”

Rep. Barbara Lee of California in the House of Representatives, Dec 6, 2007 on EISA:

“The passage of the Energy Independence and Security Act will help these grass-roots efforts expand and grow through Federal initiatives designed to put the United States on a path to energy sustainability. "

Sen. Jeff Bingaman of New Mexico, Dec 6, 2007 on EISA:

“On balance, I believe the energy legislation we have before us deserves the support of my colleagues. It is not perfect in every respect. Legislation of this size and complexity obviously cannot be. However, it represents an opportunity to make significant steps forward in a number of key areas of energy policy. With the passage of this legislation, we can reduce our dependance on oil, we can increase our consumption of homegrown fuels, we can provide substantial savings to consumers, and we can create many new jobs. I think it is a real step forward, also, in curbing greenhouse gas emissions.”

Sen. Amy Klobuchar on EPA’s attempts to reduce RVOs In 2014:

“I believe legislative policy works best when it is stable, predictable and provides businesses the ability to make long-term investments. We need to provide the certainty farmers and biofuel producers need to make plans and investments. That is why I will continue to fight to get a long-term Farm Bill done and why we must work together to fix the proposed rule and preserve the integrity of the Renewable Fuel Standard. Position Statement regarding the RFS (commenting on the EPA proposed rule in 2014 and having relevance today in 2017).”

t rudnicki

By Timothy J. Rudnicki, Esq

In the realm of biofuels, it seems the threats from and chaos in Washington D.C. crop up at least monthly, if not weekly. The many threats and ongoing chaos cut to the core of the biofuel industry which has made significant investments in people and production facilities so as to meet its obligations under the RFS. Unfortunately, just when some of us thought the most recent RFS disaster may have been averted, we now learn, just days after the EPA Administrator finally acknowledged the rule of law, the petroleum industry is back hammering away at the Trump Administration to further undermine the RFS.

The most recent disaster that may have been averted for a few days or weeks is the now possibly defunct proposal to “offshore” the RFS by allowing exports to satisfy the RVOs rather than to put biofuels into the market in the United States. Such an action, we noted in the column for last month, would have been an outright repudiation of the RFS and its underlying congressional intent.

Suffice to say, thanks to President Trump’s intervention following pressure from lawmakers that included Senators Amy Klobuchar, Al Franken, Chuck Grassley and Joni Ernst, the spine of the RFS has been preserved at least for now.

Rather than rehash the political maneuvering and process machinations that led to saving the RFS a few days ago, the balance of remarks here are offered as a type of road map for the EPA to consider and perhaps use. First and foremost the law, that is, the statutes, rules and court cases, must transcend short-sighted political knee-jerk reactions.

The enhanced version of the RFS (Energy Independence and Security Act) has been with us for 10 years. Republicans and Democrats and all the interested stakeholders worked their way through an open and transparent democratic process to produce what we have accepted as and indeed is the law of the land, the RFS. Nothing in the RFS is a surprise to biofuel producers nor the petroleum industry but for the manner in which the EPA has devised ways to pervert and distort the simple application of the black letter law.

And, over the last 10 years, it should be apparent to all of us that the majority of the petroleum industry in and of itself has failed to make substantive and significant investments in fueling infrastructure so as to enable more consumers to have access to cleaner, renewable biofuels. Rather than helping to fulfill the spirit and the letter of the law, the petroleum industry has continuously worked to undermine the RFS and the petroleum industry seems to now be even more invigorated and aggressive in its attacks on the RFS as ethanol consumption has cracked through their fictitious “blend wall”.

We must remember that congress - Republicans and Democrats - expected the RFS would put us, as a People and Nation, on a truly renewable energy pathway. A host of energy security, consumer, economic and environmental benefits already are derived from the RFS, but the magnitude of those benefits becomes greater as the RFS is more fully implemented.

Under past administrations, lawmakers and stakeholders have had to come to the defense of the RFS especially with respect to the RVO determinations. But the most recent attack on the RFS (i.e., using exports to meet the RVOs) is unprecedented.

Stakeholders will certainly advocate for their positions with respect to implementing or changing the law, but there are reasons we have congress and agencies in the United States. The EPA Administrator is neither a member of congress nor a judge and the rules of administrative procedure govern the work of the agency rather than powerful interests from the fossil fuels industry.

As such the Administrator is charged with enforcing, for example, the Clean Air Act, the Clean Water Act, Toxic Substances Control Act, Safe Drinking Water Act and many other laws including the RFS. The Administrator should work to restore the credibility of the agency and follow the rule of law.

The road map for the EPA does include some guideposts along the way. There are of course the laws including those embodied in the RFS and the broader Code of Federal Regulations. Another important guidepost is science. Unless the Agency embraces science, particularly with respect to the emission of greenhouse gases and their effect on climate, ecosystems and human societies, the laws such as the RFS may be seen as simply giving favor to biofuels versus petroleum. That interpretation, however, flies in the face of the purpose and intent of the RFS and the science underlying biofuels.

Biofuels are a renewable fuel with a significantly lower lifecycle GHG emission compared to finite fossil fuel petroleum. Whether used in spark ignition engine powered vehicles in amounts of 10 percent, 15 percent (2001 and newer vehicles) or higher blends (flex fuel vehicles), biofuels can immediately help to lower GHG emissions in the transportation sector. It is the RFS that creates the opening for biofuels to enter the petroleum dominated marketplace so as to reduce GHG emissions.

Along this road, particularly with respect to the RFS, are many opportunities to fulfill the intent and vision expressed by Congress: to make America more energy independent with renewable biofuels.

The EPA has, for example, a special opportunity now to connect the dots between the RFS, the CAFE standards and GHG emission targets in the transportation sector. Under the law and based on science, the EPA can unleash the full potential of biofuels to fulfill the aims of the RFS and to improve environmental quality. By keeping strong and enforcing the RFS, maintaining the CAFE Standards and GHG emission targets and accepting the science supporting the use of mid-level blends of ethanol as a high-octane, low carbon fuel, the EPA can fulfill its charge and help usher in a new era for automobile manufacturers, biofuel producers and all of us who depend upon clean air and a life sustaining environment.

The EPA should use its collective energy and resources to work within the law and build a future that puts us further down the renewable energy pathway. It’s better for the economy, energy security, consumers and the environment.

The EPA Administrator should recall his role as the Administrator of the EPA. Or it won’t be too long before President Trump has to once again personally intervene to save the RFS.