EPA’s Proposed Renewable Fuels Lifecycle Rule: McGuireWoods Briefing
The 500+ page proposed renewable fuels greenhouse gas lifecycle rule released by EPA on May 5th and published in the Federal Register on May 26, 2009 (74 Fed. Reg. 24904) has been met with a hail storm of criticism from agriculture and biofuels advocates. Little wonder. The political and economic stakes are high and regulating on the basis of “lifecycle” emissions including “indirect land use changes” is unprecedented.
Background
The EPA proposal effectively defines which “renewable fuels” will qualify – now and in the future – to meet the fuel blending mandates established under the Energy Independence and Security Act (EISA). Enacted in 2007, EISA amended the 2005 Energy Policy Act (EPAct) which mandated that renewable fuels, such as ethanol, be blended into gasoline used to fuel motor vehicles. EISA dramatically increased the volumes of renewable fuel required to be blended into gasoline and extended the timeframe for the mandate. The EPAct mandate started at 4.0 billion gallons in 2006 and topped out at a maximum of 7.5 billion gallons by 2012. In contrast, EISA mandates the blending of 11.1 billion gallons of renewable fuel in 2009, 15.2 billion gallons by 2012, and 36 billion gallons by 2022.
The stated intent of both EPAct and EISA was to reduce dependence on foreign oil and to incentivize the production of renewable fuels in the U.S. But in response to growing concern about global warming, Congress also included provisions in EISA designed to reduce greenhouse gas (GHG) emissions from the transportation sector. EISA created subcategories of renewable fuels, including emerging renewable fuels such as cellulosic and biomass-based fuels, and mandated specific blending volumes for each category. Progressively higher volumes of the “greener” renewable fuels are required to be blended into gasoline over the period between 2009 and 2022, creating an incentive and market for the production of progressively “greener” renewable fuels. READ MORE
Related posts:
- Indirect Land Use, GHGs and EPA’s Proposed RSF Rule
- Advanced Biofuels USA Comments on EPA’s Proposed Greenhouse Gas Emissions Rule
- Comments on EPA’s Proposed Greenhouse Gas Emission Rule
- Renewable Fuel Standard Program
- EPA Holds Hearings on RFS 2: Lifecycle Greenhouse Gas Performance Standards June 9, Washington, DC
