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Growth Energy to EPA: Cellulosic Waiver Runs Counter to RFS Goals

21 January 2025 at 21:51

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, submitted a comment to the U.S. Environmental Protection Agency (EPA) today in response to EPA’s proposal to partially waive the 2024 cellulosic biofuel volume requirement under the Renewable Fuel Standard (RFS).  

The current proposal would delay the compliance deadline and grant a partial waiver to refiners for the 2024 renewable volume obligations (RVOs) for cellulosic biofuels, which are biofuels produced from leftover plant parts like stems, leaves and other fibrous material. EPA previously rejected attempts by oil companies to retroactively waive 2023 cellulosic volumes, and in its comment Growth Energy urged EPA to follow that precedent, noting that granting such a waiver would run counter to the market-driving goals of the RFS. 

“Any waiver of 2024 cellulosic volume requirements should not provide precedent for the future of the RFS program or suppress RFS program goals, which are to drive production and innovation of biofuels, including cellulosic biofuels, and not to passively track a biofuels marketplace without them,” said Growth Energy Senior Vice President of Regulatory Affairs Chris Bliley in the comment. “Furthermore, delaying the compliance deadline injects unnecessary uncertainty into the process for bioethanol producers and the entire fuel supply chain.” 

Read the full comment here. Growth Energy General Counsel Joe Kakesh also testified to EPA in December 2024, urging the agency not to undermine the RFS by granting a cellulosic waiver. Read his testimony here. 

The post Growth Energy to EPA: Cellulosic Waiver Runs Counter to RFS Goals appeared first on Growth Energy.

Growth Energy Comment on EPA Proposal to Waive 2024 Cellulosic Biofuel Requirements

21 January 2025 at 21:21

Thank you for the opportunity to provide comment on EPA’s proposal to partially waive the 2024 cellulosic biofuel volume requirement under the Renewable Fuel Standard (RFS). Growth Energy is the nation’s largest association of biofuel producers, representing 97 U.S. bioethanol plants that each year produce more than 9.5 billion gallons of renewable fuel, and 123 businesses throughout the value chain.

The RFS continues to be one of our nation’s most successful domestic climate and energy policies. As we have seen in recent years, biofuels remain the single best tool available to shield motorists from volatile global oil prices and rapidly decarbonize the transportation sector. EPA has often implemented RFS regulations to advance these goals. In 2023, for example, EPA finalized the RFS Set rule for 2023, 2024, and 2025 with implied conventional biofuel volumes at 15 billion gallons, advanced volumes that, at the time, reflected growth and innovation in the industry, and with ambitious targets for cellulosic biofuel volumes. EPA has also taken actions to end the abuse of small refinery exemptions and restore integrity to the program. Most relevant here, EPA also appropriately denied a request from oil companies to retroactively waive 2023 cellulosic volume requirements.

EPA’s proposal to partially waive 2024 cellulosic volume requirements is inconsistent with EPA’s denial of the request to partially waive 2023 cellulosic volumes, its recent RFS policies, and with the RFS itself. While 2024 cellulosic volumes may not have achieved RVO targets, many biorefiners have nevertheless been making headway in cellulosic biofuel production, and more cellulosic registrations are being approved by the agency.

In addition, the cellulosic waiver provision is expressly written to allow reduction only in advance of setting the standards, not afterwards, and thus it is not available to EPA under this proposed rule. The RFS statute states that the cellulosic waiver must be applied by “not later than November 30 of the preceding calendar year,” not, as proposed here, in the following year (emphasis added).

Regardless of any claimed authority EPA exercises to partially reduce the 2024 cellulosic volume requirements, EPA must take the amounts and availability of all cellulosic carry forward and carryover RINs into consideration when calculating any reductions, and it should not reduce the requirements below those amounts. In addition, if determining whether to reduce cellulosic volumes pursuant to its general waiver authority, EPA should continue to require a “high degree of confidence” that RFS compliance causes severe harm to the economy as a whole, and not merely to a specific sector. And in accordance with its established policy, EPA should not “credit RIN costs as economic harm to obligated parties” when determining whether to issue a waiver of the 2024 cellulosic volume requirements.

Any waiver of 2024 cellulosic volume requirements should not provide precedent for the future of the RFS program or suppress RFS program goals, which are to drive production and innovation of biofuels, including cellulosic biofuels, and not to passively track a biofuels marketplace without them. Furthermore, delaying the compliance deadline injects unnecessary uncertainty into the process for bioethanol producers and the entire fuel supply chain.
EPA faces other pressing matters related to the RFS program. EPA is already late on its next iteration of volumes under the RFS “Set” rule, in particular 2026 volumes, which EPA was required to have already set by November 1 of last year. Additionally, several other outstanding RFS issues await resolution, including updating lifecycle emissions modeling, clearing the backlog of approvals for renewable fuel pathways, including those for advanced biofuels produced from corn oil at bioethanol wet mills, bioethanol produced using carbon capture technologies, as well as pending registrations for cellulosic biofuels from kernel fiber.

Finally, while not directly related to the RFS and this proposal, EPA must continue its work to broaden the sale of E15, including finalizing its proposal on the use of existing retail infrastructure and simplification of E15 labeling.6
Rather than retroactively reducing cellulosic volumes, EPA should instead propose rulemakings that will tap the full potential of the RFS. America’s biofuel producers and our farm partners are ready to lead the charge on climate and energy solutions, and a firm commitment to growth will offer regulatory certainty and predictability in the years ahead. Thank you for your consideration.

The post Growth Energy Comment on EPA Proposal to Waive 2024 Cellulosic Biofuel Requirements appeared first on Growth Energy.

Growth Energy Welcomes Executive Order Urging EPA Action on E15

21 January 2025 at 04:07

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, issued the following statement today in response to President Trump’s Executive Order Declaring a National Energy Emergency, which, in Section 2(b), orders the U.S. Environmental Protection Agency (EPA) to “consider issuing emergency fuel waivers to allow the year-round sale of E15 gasoline to meet any projected temporary shortfalls in the supply of gasoline across the Nation.”

“President Trump is already taking steps to make E15 available year-round,” said Growth Energy CEO Emily Skor. “Put simply, E15 saves consumers money, drives investment in America’s rural communities, and decreases our dependence on foreign energy resources. We’re glad to see that homegrown biofuels are a part of President Trump’s efforts to unleash American energy dominance, and we urge Congress to follow the President’s lead by swiftly approving legislation to permanently allow the year-round, nationwide sale of E15. We look forward to working with the Trump Administration to make this more-affordable fuel option available to all Americans.”

The full Executive Order can be found here. To learn more, check out Growth Energy’s policy roadmap to revitalize rural America, which includes a call for Congress to restore permanent, unrestricted access to E15 for all months, all states, all stations, and all fuel dispensers.

The post Growth Energy Welcomes Executive Order Urging EPA Action on E15 appeared first on Growth Energy.

Growth Energy Statement on Trump Inauguration

20 January 2025 at 20:17

WASHINGTON, D.C. – Growth Energy CEO Emily Skor issued the following statement on the inauguration of President Donald J. Trump and the inauguration of Vice President J.D. Vance:

“Growth Energy congratulates President Donald J. Trump and Vice President J.D. Vance as they formally take their oaths of office. 

“President Trump has been a vocal supporter of American agriculture and U.S. ethanol. He campaigned and won on his promise to fight for farmers, expand ethanol production, and export American biofuels around the globe. He has been a long-time advocate for lifting the needless regulations standing between U.S. consumers and lower-cost E15. And he recognizes that American farmers and rural communities are essential to unleashing American energy dominance. 

“With this administration in our corner, America’s ethanol industry stands ready to drive a new wave of energy and job creation across the heartland. We look forward to working with President Trump and his administration to deliver on his rural agenda.” 

The post Growth Energy Statement on Trump Inauguration appeared first on Growth Energy.

Growth Energy Commends USDA for CSA Rule

15 January 2025 at 18:19

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, applauded the U.S. Department of Agriculture (USDA) today for publishing its Interim Rule on Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks (the CSA rule). In response, Growth Energy CEO Emily Skor issued the following statement:

“This new CSA rule hits all the right notes and will help set American ethanol up to deliver a more affordable, low carbon, homegrown energy solution to American drivers. Today’s announcement also sets the stage for new economic opportunities in rural America, as it means farmers could get credit for their work to grow more crops using fewer resources. We commend USDA and specifically Secretary Vilsack for building this rule and the agency’s new feedstock carbon intensity calculator in a way that will maximize economic benefits to farmers, putting them in a position to help America’s ethanol industry unleash American energy dominance.  

“We urge the incoming administration to use this new proposal to provide farmers with a new pathway to drive farm income. A strong rural economy depends on a strong American ethanol industry, and vice versa. This rule offers a path forward for all of these stakeholders, and we look forward to working with the Trump administration to make regenerative agriculture a part of their successful efforts to revitalize rural America.”

The post Growth Energy Commends USDA for CSA Rule appeared first on Growth Energy.

Growth Energy Releases Federal Policy Roadmap to Revitalize Rural America and Unleash American Energy Dominance

15 January 2025 at 15:52

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, released a roadmap to revitalize rural America today, identifying specific policy goals and actions the 119th Congress and the incoming Trump administration should take to unleash American energy dominance through the expanded use of homegrown American ethanol, which holds down gas prices, strengthens our domestic energy production, brings jobs and prosperity to rural America, and delivers cleaner air.

“President-elect Trump has made it clear that revitalizing rural America will be a priority for his administration, and biofuels are key to accomplishing that goal,” said Growth Energy CEO Emily Skor. “From securing year-round E15 for all Americans and spurring new investments in aviation fuel to driving innovation and unleashing American energy dominance in the global market, these policy recommendations align with President-elect Trump’s agenda, and we look forward to working with his administration and with our champions in Congress to bring jobs and prosperity to rural America.”

The four-part roadmap is below.

Rebuild the Farm Economy

Only biofuels can unlock the investments and jobs needed to revitalize rural America. We cannot allow regulatory uncertainty to hold back billions of dollars of investment into rural communities.

  • Renewable Fuel Standard (RFS): Set timely, ambitious biofuel requirements under the RFS to spur continued growth and investment in rural communities.
  • Small Refinery Exemptions (SREs): Continue to limit SREs and ensure SREs are reallocated to prevent biofuel demand destruction.
  • Carbon Capture, Utilization, and Storage (CCUS)/Permitting: Meet permitting timelines for carbon sequestration projects and support innovative transportation and storage technology.
  • New Markets: Promote investment in a fast-growing ecosystem of bioproducts, from Sustainable Aviation Fuels (SAF) to green chemicals to bio-based solutions for marine and freight transport.

Lower Fuel Costs

E15 reduces fuel prices — but only when federal regulations don’t block consumer access. It’s time to lift the needless regulations standing between U.S. consumers and lower-cost E15, so all Americans can make their own fuel and vehicle choices.

  • E15: Restore permanent, unrestricted access to E15 for all months, all states, all stations, and all fuel dispensers.
  • Retail Expansion: Promote programs designed to fast track the investments needed to offer better options at the pump.
  • Marketing Barriers: Streamline regulations that impose onerous labeling and underground tank requirements on existing infrastructure.
  • Vehicle/Fuel Standards: Ensure engine performance and fuel standards harness the full power of American bioethanol to reduce tailpipe and carbon emissions.

Drive American Innovation

Pro-growth tax policy can unlock billions of dollars in new investments in U.S. energy innovation. With proper implementation, new tax credits could be the starting pistol to revitalize rural American, support rural communities waiting to access new economic opportunities, and deliver on the promise of climate-smart agriculture.

  • Low-Carbon Solutions: The U.S. Treasury Department must provide clear and timely tax guidance that accurately rewards all available decarbonizing strategies at on the farm and at the biorefinery.
  • Modeling: Ensure fuel standards and tax policy are guided by Argonne National Laboratory’s GREET model, which is the gold standard for measuring the emissions-reducing power of farm-based feedstocks and biofuels.
  • SAF/Flexibility: Ensure regulations give farmers the flexibility they need to adopt low-carbon strategies that work best for their farm.
  • Clean Fuels Tax Extension: Extend a pro-growth 45Z so biofuel producers and our farm partners have the long-term certainty needed to accelerate innovation in America’s bioeconomy.

Win Global Markets

America is the world’s largest producer and exporter of biofuels. With fair access to foreign markets, American producers will dominate the global bioeconomy.

  • Fair Trade: U.S. trade diplomats must combat unfair trade barriers and tariffs imposed by competitors in Brazil, China, India, Europe, and Southeast Asia.
  • Expanding Markets: Open new export opportunities for low-carbon biofuels by supporting higher blends in Canada, Japan, India, Mexico, and across the globe.
  • Domestic Feedstocks: Advance fuel policies that do not advantage foreign feedstocks over low-carbon commodities harvested on American farms.

The roadmap to revitalize rural America is available online at growthenergy.org/roadmap. Learn more about Growth Energy’s policy priorities here.

The post Growth Energy Releases Federal Policy Roadmap to Revitalize Rural America and Unleash American Energy Dominance appeared first on Growth Energy.

Growth Energy Statement on 45Z Guidance

10 January 2025 at 19:37

WASHINGTON, D.C.—Growth Energy—the nation’s largest biofuel trade association—issued the following statement after the U.S. Treasury released its long-awaited 45Z guidance (the Clean Fuel Production Credit).

“This long-overdue guidance is far from complete—it still lacks the critical details that are needed to help ensure that American biofuel producers and their farm partners can lead the world in clean fuel production,” said Growth Energy CEO Emily Skor. “While we appreciate the work of Secretary Vilsack to champion our issues on behalf of rural America, today’s announcement falls short of providing the information that our industry and its farm partners need, including a model for an expanded number of eligible decarbonization technologies and guidance on climate smart agriculture (CSA) practices.

“We look forward to working with the next Administration to fill in the gaps left by today’s announcement and to ensure this economic opportunity for the struggling farm economy is not left on the table. Demand for low carbon energy will continue to grow with or without us, and we need strong policy support in order to unleash the kind of investments that will position the U.S. for leadership in this market. Today’s guidance does not satisfy that need.”

Learn more about the importance of 45Z guidance and other tax incentives here.

The post Growth Energy Statement on 45Z Guidance appeared first on Growth Energy.

Growth Energy Statement on the Exclusion of Year-Round E15 from the Year-End Funding Bill

19 December 2024 at 22:59

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, issued the following statement about the exclusion of year-round E15 from the latest continuing resolution. The latest year-end funding package being considered by Congress no longer includes language that would provide for the year-round sale of E15, a fuel made with 15% homegrown bioethanol that costs less than regular fuel and approved for use in 96% of cars on the road today:

“Leaving E15 on the cutting room floor is like putting coal in the stocking of America’s drivers, farmers, and the rural communities that depend on American bioethanol. Congressional supporters of E15 and American biofuels should pressure their leadership to return the language allowing for the year-round sale of E15 to this legislation,” said Growth Energy CEO Emily Skor. “We cannot be any clearer—E15 saves consumers money, lowers emissions, and supports economic growth and job creation across the Heartland. This bill should add year-round E15 to the other important agriculture assistance already in this bill. We cannot afford to shortchange farmers at a time when they’re facing major financial stress and undermine President Trump’s stated goal of establishing American energy dominance. There still is time to do the right thing and reverse course—we urge Congress to act now to preserve the original bill’s E15 provision and finally make year-round E15 the law of the land.”

The post Growth Energy Statement on the Exclusion of Year-Round E15 from the Year-End Funding Bill appeared first on Growth Energy.

Growth Energy Urges Lawmakers to Support Year-End Funding Package That Includes E15 Legislative Fix

18 December 2024 at 02:42

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, urged lawmakers to support a year-end funding package that includes a legislative fix that would allow for the year-round sale of E15, a blend of gasoline and 15% American bioethanol that costs less than standard fuel, lowers emissions, and can be used in 96% of all cars on the road today.

In response to the fix’s inclusion in a Congressional year-end funding package, Growth Energy CEO Emily Skor released the following statement:

“E15 lowers emissions, saves drivers money, and increases American energy dominance. Giving consumers the chance to choose this fuel year-round would be an early Christmas present to American drivers, the nation’s rural communities that depend on a strong renewable fuels sector, and to the environment.”

“We are grateful for the tireless work of our numerous Congressional champions to get this bill included, and that Congressional leadership has endorsed this commonsense, bipartisan, bicameral energy solution, and encourage Senators and Representatives to vote in favor of this package so that year-round E15 becomes the law of the land.”

About E15

E15 is a fuel blend made of gasoline and 15% bioethanol. The U.S. Environmental Protection Agency (EPA) has approved its use in all cars, trucks, and sport utility vehicles (SUVs) made in model year 2001 and newer—representing more than 96% of all vehicles on the road today. E15 can be found at over 3,700 gas stations in 31 states and is legal for sale in every state except California. Last summer drivers saved 10 to 30 cents per gallon by filling up with E15 compared to regular, or E10. In some areas, E15 saved drivers as much as a dollar per gallon at the pump.

If the United States were to transition from an E10 standard to an E15 standard nationwide, greenhouse gas emissions would fall by 17.62 million tons per year (the equivalent of removing approximately 3.85 million vehicles from the road every year). Nationwide adoption of an E15 standard would also save consumers $20.6 billion in annual fuel costs, increase household income by $36.3 billion, and generate $66.3 billion for U.S. GDP.

Learn more about E15 here.

The post Growth Energy Urges Lawmakers to Support Year-End Funding Package That Includes E15 Legislative Fix appeared first on Growth Energy.

Growth Energy Congratulates Rep. Craig for Election as House Ag Ranking Member 

17 December 2024 at 17:19

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, congratulated Rep. Angie Craig (D-Minn.) (pictured above (left) with Growth Energy CEO Emily Skor) on her new role as Ranking Member of the U.S. House Committee on Agriculture. 

“Congresswoman Craig is a champion for rural America and will make an outstanding leader on the House Agriculture Committee. She truly understands the value of biofuels and how critical they are to the continued success of American agriculture,” said Skor. “We congratulate her on this new role and look forward to continuing our work with her to lower emissions, reduce consumer costs, and support our farmers by expanding the use of American biofuels.”

Rep. Craig has been a champion for biofuels for her entire political career, and has won Growth Energy’s Fueling Growth award on numerous occasions, most recently this year.

The post Growth Energy Congratulates Rep. Craig for Election as House Ag Ranking Member  appeared first on Growth Energy.

Biofuels Groups File Opening Supreme Court Brief on Small Refinery Exemptions

16 December 2024 at 16:29

WASHINGTON, D.C.—Growth Energy and the Renewable Fuels Association (RFA) today filed their opening brief in the U.S. Supreme Court in Environmental Protection Agency v. Calumet Shreveport Refining, LLC, Case No. 23-1229. The case seeks to overturn an opinion from the U.S. Court of Appeals for the Fifth Circuit regarding the proper venue for adjudicating the U.S. Environmental Protection Agency’s (EPA’s) denials of several petitions for small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS).

In their brief, Growth Energy and RFA argue that the Fifth Circuit had erred and that challenges to those SRE petition denials should be adjudicated solely in the U.S. Court of Appeals for the D.C. Circuit because EPA’s SRE policy is “nationally applicable” and “based on a determination of nationwide scope or effect.” In support, the organizations argue in their brief that EPA “prescribed general standards” for adjudicating SRE petitions irrespective of their location that, when applied, “inherently affect . . . obligations for all” obligated refineries and renewable fuels producers “throughout the country.”

“EPA’s actions in response to these SRE petitions reflect quintessentially national concerns that are well within EPA’s authority to protect,” said Growth Energy and RFA in a statement. “Oil industry interests should not be allowed to upend Congress’s carefully crafted judicial review process, which ensures national uniformity for the RFS program and avoids inconsistent legal precedents, forum shopping, and market uncertainty for biofuels.”

About the RFS 

The Renewable Fuel Standard (RFS) was first enacted in 2005 as part of the Energy Policy Act. It was then expanded in 2007 with the passage of the Energy Independence and Security Act. It sets the number of gallons of renewable fuels that must be blended into the nation’s total fuel supply each year. The RFS remains one of America’s most successful clean energy policies, reducing carbon emissions, offering consumers more affordable options at the pump, and delivering greater energy security for more than 15 years.

Case Background  

In April and June 2022, EPA denied 105 SRE petitions from 36 refineries located in 18 states. In assessing the petitions, EPA applied a single, nationwide legal requirement: to be eligible for an SRE, petitioning refineries must demonstrate a direct causal relationship between RFS compliance and their claimed economic hardship. EPA then invited petitioning refineries to submit refinery-specific evidence to rebut EPA’s general factual finding that refineries have the ability to pass through their costs of compliance with the RFS and that RFS compliance does not cause refineries to incur any net costs, let alone economic hardship. Reviewing the evidence submitted by the refineries, EPA found that none met their burden. 

Refineries whose SRE petitions were denied challenged the denials in the Third, Fifth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits. All regional circuit courts except the Fifth Circuit concluded that only the D.C. Circuit was the proper venue to hear the challenges, and they dismissed or transferred the challenges to the D.C. Circuit. By contrast, the Fifth Circuit held that venue in that court was proper, and in a divided 2-1 panel opinion, vacated EPA’s denials for the refineries that brought challenges in that court.

In May 2024, Growth Energy and RFA jointly petitioned the Supreme Court to overturn the Fifth Circuit opinion. The U.S. EPA also petitioned the Supreme Court as well. On October 21, 2024, the Supreme Court granted EPA’s petition, and Growth and RFA submitted their opening brief as a respondent in support of EPA.

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Growth Energy Responds to Ways and Means Committee RFI on 45Z Tax Credit

13 December 2024 at 19:14

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, responded today to a request for information (RFI) from the House Ways and Means Committee about the 45Z clean fuel production credit. 

In a letter to the Committee Members who issued the RFI—Reps. Adrian Smith (R-Neb.), Randy Feenstra (R-Iowa), Michelle Fischbach (R-Minn.), Darin LaHood (R-Ill.), Carol Miller (R-W. Va.), and Claudia Tenney (R-N.Y.)—Growth Energy outlined why the organization and its members support 45Z and believe it to be critical to their continued success in a low-carbon economy.  

“Our industry is supportive of 45Z because it provides our members the ability to make costly capital investments to meet carbon constraints established by U.S. subnational policy and foreign trading partners,” said Growth Energy CEO in the letter. “While we do not actively promote and seek these low-carbon regimes, we have to work within these programs…energy products in general will be required to meet a lower carbon intensity (CI) over the next several decades, and most of these investments needed to reduce CI are difficult—if not impossible—to do without something like the 45Z tax incentive.”  

Growth Energy also detailed the best-case scenario for implementing 45Z and what happens to the credit once it has served its purpose.  

“Success for ethanol producers under 45Z is that we utilize this credit to deploy billions of dollars of capital to make robust energy investments in rural areas to increase American energy dominance and provide farmers with a growing market for more valuable commodities,” Skor added. “Once we have seen this deployment of capital and an increase in farm markets, we would see this credit come to an orderly, well-planned phaseout as we would not require this credit in perpetuity.” 

Read Growth Energy’s full response to the House Ways and Means Committee here. 

The post Growth Energy Responds to Ways and Means Committee RFI on 45Z Tax Credit appeared first on Growth Energy.

Growth Energy Files Amicus Brief in CAFE Standards Case

27 November 2024 at 15:33

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, filed an amicus brief in a consolidated set of court challenges to the National Highway Traffic Safety Administration’s (NHTSA’s) Corporate Average Fuel Economy (CAFE) Standards for Passenger Cars and Light Trucks for Model Years 2027-2032, which is being litigated in the U.S. Circuit Court of Appeals for the Sixth Circuit. 

In its brief, Growth Energy argues that the CAFE standards violate the Energy Policy and Conservation Act (EPCA), in particular the EPCA’s prohibition on using electric vehicles (EVs) as a “baseline” to set fuel-economy standards. Growth also notes that the standards functionally serve as an EV mandate and unlawfully fail to take the benefits of biofuels into consideration. NHTSA’s “one-track focus on EVs leads to rules that are arbitrary, inconsistent with law,” including the Renewable Fuel Standard (RFS), “and miss important benefits of other technologies while also failing to minimize costs,” Growth writes in the brief.   

“NHTSA has continually failed to properly consider the important role that biofuels like bioethanol play in advancing the fuel economy goals of EPCA and the energy security, environmental, and rural economic development goals of the RFS,” said Growth Energy’s CEO Emily Skor. “The CAFE standards should recognize and embrace the benefits of biofuels, a uniquely-American resource that can help NHTSA accomplish its goals without pushing one vehicle technology over all others.” 

Read Growth Energy’s brief here.

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Growth Energy, CFAA File New Opening Brief in Long-Stayed RVO Case

21 November 2024 at 16:05

WASHINGTON, D.C.– On Wednesday, November 20th, Growth Energy, along with Clean Fuels Alliance America, filed a new opening brief with the U.S. Court of Appeals for the District of Columbia Circuit(Case No. 20-1046) challenging the Environmental Protection Agency’s (EPA) failure to fully account for small refinery exemptions (SREs) when issuing renewable volume obligations (RVO) under the Renewable Fuel Standard (RFS). 

In their brief, the parties seek to ensure that RVOs account for SREs the agency issued for past years. Current regulations require EPA only to project future SREs when establishing future RVOs, while ignoring biofuel demand destroyed by past SREs granted retroactively, totaling more than four billion gallons in recent years. 

“EPA’s RVO regulations fail to account for the billions of gallons of demand lost to the agency’s mismanagement of the Renewable Fuel Standard,” said Growth Energy CEO Emily Skor. “Regulators took one step forward during the first Trump administration by recognizing the future impact of oil industry handouts, but since then EPA has never attempted to repair the damage from past handouts that continues to weigh down the biofuels industry and our farm partners. That has to change.” 

Background 

EPA published the original 2020 RVO on February 6, 2020. The RVO was challenged in the D.C. Circuit by several parties soon thereafter. Growth intervened in support of parts of the rule on behalf of EPA and, separately, petitioned the court to challenge EPA’s failure to account for past SREs. After the cases were consolidated (Case No. 20-1046), and after initial briefing in late 2020, the court granted motions to stay the consolidated cases pending the Supreme Court’s decision on SRE eligibility in HollyFrontier v. EPA. The case proceeded until December 2021, when EPA issued a new proposed rule for the 2020 RVO as well as 2021-2022 RVOs and sought remand without vacatur of the original 2020 RVO. The court deferred decision on remand and continued to stay the case. EPA’s final 2020-2022 RVOs also failed to account for past SREs. The court continued to stay the original 2020 RVO case until after the D.C. Circuit’s opinion on new cases challenging the new 2020-2022 RVOs. The D.C. Circuit upheld the new 2020-2022 RVOs on May 14, 2024 (Case No. 22-1210), after which time the court lifted the stay on the original 2020 RVO challenge and set a briefing schedule.   

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Growth Energy Statement on Election of Sen. Thune as Majority Leader

13 November 2024 at 18:21

Sen. John Thune (R-S.D.), the next Senate majority leader, pictured (right) with Growth Energy CEO Emily Skor (left) and Growth Energy Chairman Tom Willis.

WASHINGTON, D.C.  – Growth Energy CEO Emily Skor issued the following statement upon the election of Senator John Thune (R-S.D.) as the next Senate majority leader:

“With Sen. Thune as majority leader, American biofuel producers and their farm partners will have one of their strongest champions setting the Senate’s legislative agenda. We commend the Senate for elevating him to this position, and we look forward to building on the Majority Leader-elect’s track record for supporting growth, investment, and innovation in the American renewable fuels industry.”

Background

Sen. Thune has been a steadfast champion for the biofuels industry. Most recently, he won one of Growth Energy’s 2024 Fueling Growth Awards, “in recognition for [his] valuable service supporting American biofuels.” In a social media post acknowledging the award, Thune said “homegrown biofuels support American energy security, a cleaner and more affordable option for consumers, and a critical market for our farmers.” Thune has also sponsored or co-sponsored important legislation to support the renewable fuels industry, including S. 2707, the Nationwide Consumer and Fuel Retailer Choice Act, which would allow for the nationwide, year-round sale of E15, a blend of gasoline and 15% American-made bioethanol.

About E15 

E15 is a fuel blend made of gasoline and 15% bioethanol. The U.S. Environmental Protection Agency (EPA) has approved its use in all cars, trucks, and sport utility vehicles (SUVs) made in model year 2001 and newer—representing more than 96% of all vehicles on the road today. E15 can be found at over 3,700 gas stations in 31 states and is legal for sale in every state except California. Last summer drivers saved 10 to 30 cents per gallon by filling up with E15 compared to regular, or E10. In some areas, E15 saved drivers as much as a dollar per gallon at the pump.

Learn more about E15 here.

About Growth Energy
Growth Energy is the leading voice of America’s biofuel industry. Our members operate and support biomanufacturing facilities at the heart of America’s bioeconomy, delivering a new generation of plant-based energy and climate solutions. For more information, visit us at GrowthEnergy.org, follow us on X (formerly Twitter) at @GrowthEnergy, or connect with us on Facebook.

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Growth Energy Statement on Trump-Vance Victory

6 November 2024 at 14:27

WASHINGTON, D.C.  – Growth Energy CEO Emily Skor issued the following statement on the 2024 election results and a Trump-Vance victory: 

“Growth Energy extends its congratulations to President Donald J. Trump on his re-election as President of the United States and J.D. Vance on his election as Vice President of the United States. 

“President Trump has championed consumer access to American-made, lower-cost ethanol options at the pump and has expanded markets for U.S. ethanol. We look forward to working with the Trump-Vance administration to deliver on American energy dominance, consumer savings, and booming rural economies – starting with year-round access to E15. During his first term, President Trump delivered on E15 to bring lower cost fuel to American consumers, and we support him enacting a permanent solution that will deliver continued savings at the pump for all Americans, all months, across all 50 states. 

“We stand ready to partner with President Trump and his administration to unlock markets for American biofuels abroad, allow private investments in the rural economy to soar, and harness American-led innovations in aviation and clean energy production.”

About Growth Energy

Growth Energy is the leading voice of America’s biofuel industry. Our members operate and support biomanufacturing facilities at the heart of America’s bioeconomy, delivering a new generation of plant-based energy and climate solutions. For more information, visit us at GrowthEnergy.org, follow us on X (formerly Twitter) at @GrowthEnergy, or connect with us on Facebook.

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Growth Energy: 45Z Extension Bill Will Unlock Investment 

22 October 2024 at 15:41

WASHINGTON, D.C.Growth Energy, the nation’s largest biofuel trade association, issued the following statement today after Reps. Brad Schneider (D-Ill.), Dan Kildee (D-Mich.), and Julia Brownley (D-Calif.) introduced a 45Z extension bill. The Expanding Clean Fuel Production Act would extend the Section 45Z clean fuel production credit for 10 years.

“Farmers and renewable fuel producers are making decisions today about how to invest their time and money in the years to come. With this bill they would be able to make those decisions with greater confidence, and make the kind of investments that increase efficiency, lower their carbon intensity, create jobs, and grow the rural economy,” said Growth Energy CEO Emily Skor. “We commend Reps. Schneider, Kildee, and Brownley for taking the lead on this issue in the House, and we look forward to working with them and all of our biofuel champions in this Congress and the next to extend the 45Z tax credit and maximize its benefits for farmers, producers, and the communities that depend on them.”

Passed as part of the Inflation Reduction Act (IRA), the 45Z clean fuel production tax credit is intended to incentivize the production of low-carbon fuels in transportation on the ground and in the air. If implemented properly, Growth Energy’s own research demonstrates that the credit would add $21.2 billion to the U.S. economy, generate nearly $13.4 billion in household income, support more than 192,000 jobs across all sectors of the national economy, and provide farmers with a 10 percent premium price on low carbon corn used at a bioethanol plant.

Beyond a 45Z extension bill, Growth Energy has called on the U.S. Treasury Department to quickly issue guidance for the 45Z tax credit, preferably in a rulemaking, that accurately rewards the full spectrum of tools available to reduce bioethanol emissions at the plant and on the farm, including carbon capture and storage, process heat and energy, and climate-smart agriculture (CSA). 

Learn more about the importance of a 45Z extension bill and about 45Z here. 

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Biofuel Groups Welcome Supreme Court Decision on SRE Litigation

21 October 2024 at 15:51

WASHINGTON, D.C.—Two prominent biofuel groups—Growth Energy and the Renewable Fuels Association (RFA)—commented on the U.S. Supreme Court’s decision to grant certiorari on petitions pertaining to the administration of small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS), issuing the following joint statement:

“The Fifth Circuit was clearly an improper venue to hear challenges on small refinery exemptions (SREs). Because the Fifth Circuit opinion set up a clear split with several other Circuit courts on the question of venue, this is precisely the sort of issue that the Supreme Court is meant to resolve. The Court has agreed, and we look forward to participating in the case and having this issue settled once and for all.

“The refining community’s abuse of small refinery exemptions destroys demand for biofuels nationwide, which negatively impacts farmers and bioethanol producers regardless of where they operate. The economic and environmental impact of this abuse does not recognize state lines. The decision in this case should strengthen the RFS by giving biofuel producers and their farm partners the certainty they deserve.”

About the RFS

The Renewable Fuel Standard (RFS) was first enacted in 2005 as part of the Energy Policy Act. It was then expanded in 2007 with the passage of the Energy Independence and Security Act. It sets the number of gallons of renewable fuels (like biofuels) that must be blended into the nation’s total fuel supply each year. The RFS remains one of America’s most successful clean energy policies, reducing carbon emissions, offering consumers more affordable options at the pump, and delivering greater energy security for more than 15 years.

About Growth Energy and RFA’s Petition

In May 2024, Growth Energy and RFA jointly petitioned the Supreme Court to overturn an opinion from the U.S. Court of Appeals for the Fifth Circuit regarding EPA’s denials of several SREs under the RFS. In their petition, Growth Energy and RFA argued that challenges to those denials should be adjudicated solely in the U.S. Court of Appeals for the D.C. Circuit, not in regional circuits like the Fifth, which only covers Louisiana, Mississippi, and Texas. In contrast to all other U.S. Courts of Appeals that evaluated this venue issue, the Fifth Circuit concluded that it was the proper venue to hear and rule on these challenges, despite the fact that EPA’s SRE policy is “nationally applicable” and “based on a determination of nationwide scope or effect.” 

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Growth Energy Calls for Flexibility for Farmers and Renewable Fuel Producers in USDA Testimony

15 October 2024 at 18:56

WASHINGTON, D.C.—Growth Energy, the nation’s largest biofuel trade association, provided testimony to the U.S. Department of Agriculture (USDA) today about the importance of giving farmers flexibility when it comes to implementing and incentivizing practices that lower the carbon intensity (CI) of renewable fuel production, including climate smart agriculture (CSA) practices. 

Speaking at USDA’s Public Consultation on Climate-Smart Agriculture Biofuel Feedstocks, Growth Energy General Counsel Joe Kakesh called on USDA, the U.S. Department of the Treasury, and the U.S. Environmental Protection Agency (EPA) to give farmers and renewable fuel producers credit for every CI-reducing technology they implement at the plant and on the farm, specifically when administering the Section 45Z Clean Fuel Production Credit. 

“Robust decarbonization cannot be achieved unless the full range of CI-reduction technologies – both on-farm and at the plant – is recognized, and unless farmers and biofuel producers are provided the flexibility to implement CI-reduction technologies that reflect current practices and spur future innovation,” Kakesh said. “45Z provides an opportunity to do this. We urge USDA, Treasury, EPA, and other agencies working on Section 45Z guidance to expand options to realize the full CI-reduction potential of biofuels under Section 45Z, and to provide guidance before January 1, 2025, to allow stakeholders to take full advantage of the credit from day one.” 

Kakesh noted that agriculture represents more than 50 percent of bioethanol’s CI score, and that CSA is integral to reducing the carbon footprint of all crop-based biofuels. He highlighted recent research by the Energy Futures Initiative (EFI) Foundation that showed that on-farm practices can reduce the CI of bioethanol by up to 56 percent. In conjunction with at-plant CI reduction technologies, CSA can play a powerful role in the decarbonization of the entire transportation fuel sector. 

Read the full testimony as prepared here. 

 

 

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Growth Energy Facilitated Over Half of HBIIP Grant Applications, Surpassed $1 Billion in Retailer Investment Since 2011

7 October 2024 at 16:59

WASHINGTON, D.C. – Today, Growth Energy—the nation’s largest biofuel trade association—celebrated completion of the fifth and final round of applications for the U.S. Department of Agriculture’s (USDA) Higher Blends Infrastructure Incentive Program (HBIIP) by releasing new figures that demonstrate how Growth Energy has helped retailers install equipment to offer higher biofuel blends like E15 and E85. 

In total, Growth Energy facilitated 54% of grant applications for the last five rounds of HBIIP resulting in 1,173 total sites adding higher bioethanol-blended fuels. With these additions, our retail partners will generate 100 million gallons of additional bioethanol demand annually. Through grant writing, per-gallon incentives, and even direct financial support, Growth Energy has driven more than $1 billion in investments in new biofuels infrastructure since 2011, the year the U.S. Environmental Protection Agency (EPA) approved Growth Energy’s waiver request that ultimately allowed the sale of E15 in cars made in 2001 or newer.  

“Over the past few summers, E15 has been saving drivers 10 to 30 cents per gallon, and our leaders in Congress are rallying bipartisan support to make those savings a permanent, year-round feature of the marketplace,” said Growth Energy CEO Emily Skor. “We are committed to increasing consumer access to this more affordable, lower-carbon fuel option. With every new pump that offers E15, we’re increasing American energy security, reducing emissions, and holding down prices for hardworking families.” 

“We are thrilled with the outstanding results we’ve seen so far, from HBIIP and the programs that preceded it, and, as always, are grateful to our retail partners and USDA Secretary Vilsack for making it possible,” Skor added.  

“We invite drivers from all across Florida, Texas, and Georgia to visit one of our locations that offers E15 and try it out for themselves. This is a fuel option that’s compatible with 96% of the cars on the road, better for the environment, and easier on their wallets,” said Steve Walk, COO of Protec Fuel. “We’re excited to see what the future holds for our stores and their customers as they offer this more affordable fuel option, and we thank the team at Growth Energy for their support throughout the grant process–without them, this wouldn’t have been possible.” 

The success of HBIIP illustrates the growing demand for more affordable, lower-carbon fuel options among retailers and their customers. Growth Energy will continue to build on this momentum so that consumers across the country have access to the cleaner burning, cost-lowering fuel option.

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