Notice of Public Comment Period for the Biofuels and the Environment: Third Triennial Report to Congress External Review Draft Public Comments DEADLINE March 6, 2023

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January 04, 2023

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(Environmental Protection Agency/Federal Register) The U.S. Environmental Protection Agency (EPA) is announcing the public comment period for the draft document titled, “Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft).” The document was prepared by EPA's Office of Research and Development (ORD) and Office of Air and Radiation (OAR), in consultation with the U.S. Departments of Agriculture and Energy. EPA is releasing this draft document to seek review by a contractor-led peer review panel. The peer review, organized by EPA's contractor, ERG, will be conducted under the framework of EPA's Scientific Integrity Policy ( https://www.epa.gov/sites/default/files/2014-02/documents/scientific_integrity_policy_2012.pdf) and follow procedures established in EPA's Peer Review Handbook 4th Edition, 2015 (EPA/100/B-15/001). The draft document and information about the peer review meeting can be found through www.epa.gov/risk/biofuels-and-environment.

DATES:

The 60-day public comment period begins January 3, 2023 and ends March 6, 2023. Comments must be received on or before March 6, 2023.

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I. Information About the Document

In 2007, Congress enacted the Energy Independence and Security Act (EISA) with the stated goals of “mov[ing] the United States toward greater energy independence and security [and] to increase the production of clean renewable fuels.” In accordance with these goals, EISA revised the Renewable Fuel Standard (RFS) Program, which was created under the 2005 Energy Policy Act and is administered by EPA, to increase the volume of renewable fuel required to be blended into transportation fuel to 36 billion gallons per year by 2022. Section 204 of EISA directs EPA, in consultation with the U.S. Departments of Agriculture and Energy, to assess and report triennially to Congress on the environmental and resource conservation impacts of the RFS Program.

The first report to Congress (RtC1) was completed in 2011 and provided an assessment of the environmental and resource conservation impacts associated with increased biofuel production and use (EPA/600/R-10/183F). The overarching conclusions of this first report were: (1) the environmental impacts of increased biofuel production and use were likely negative but limited in impact; (2) there was a potential for both positive and negative impacts in the future; and (3) EISA goals for biofuels production could be achieved with minimal environmental impacts if best practices were used and if technologies advanced to facilitate the use of second-generation biofuel feedstocks (corn stover, perennial grasses, woody biomass, algae, and waste).

The second report to Congress (RtC2) was completed in 2018 and reaffirmed the overarching conclusions of the RtC1 (EPA/600/R-18/195). The RtC2 noted that the biofuel production and use conditions that led to the conclusions of the RtC1 had not materially changed, and that the production of biofuels from cellulosic feedstocks anticipated by both the EISA and the RtC1 had not materialized. Noting observed increases in acreage for corn and soybean production in the period prior to and following implementation of the RFS Program, the RtC2 concluded that the environmental and resource conservation impacts associated with land use change were likely due, at least in part, to increased biofuel production and use associated with the RFS Program. However, the RtC2 also concluded that further research was needed to assess the linkages between environmental impacts and either the biofuels market generally or the RFS Program specifically.

This RtC3 builds on the previous two reports and provides an update on the impacts to date of the RFS Program on the environment. This report assesses air, water, and soil quality; ecosystem health and biodiversity; and other effects. This third report also includes new analyses not previously included in the first and second reports.

II. Information About This Peer Review

On May 9, 2022, EPA announced through an FRN (87 FR 27634) that it was seeking public comment on a pool of twenty (20) candidates identified through a previous FRN seeking nomination of experts (87 FR 5479, February 1, 2022). After considering public comment, and the balance and collective expertise of the reviewers, ERG identified two (2) additional candidates to strengthen expertise gaps in ecology, water quality, and economics, and allow a more balanced panel. On August 1, 2022, EPA announced through an FRN (87 FR 46958) that it was seeking public comment on the two (2) additional peer review candidates.

After review and consideration of public comments on the candidates submitted in response to the previous FRNs (87 FR 27634, May 9, 2022, and 87 FR 46958, August 1, 2022), EPA's contractor, ERG, selected nine (9) peer reviewers from the pool in a manner consistent with EPA's Peer Review Handbook 4th Edition, 2015 (EPA/100/B-15/001) and independently conducted a conflict of interest (COI) screening of candidates to ensure that the selected experts have no COI in conducting this review. Candidates' combined expertise span the following disciplines: economics, engineering, agronomics, land use change, remote sensing, air quality, biogeochemistry, water quality, hydrology, conservation biology, limnology, and ecology. The external peer review panel, peer review meeting dates, and registration information will be available on www.epa.gov/risk/biofuels-and-environment.

III. How To Submit Technical Comments to the Docket at www.regulations.gov

This download(s) is distributed solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. It has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency determination or policy.

Biofuels and the Environment: Third Triennial Report to Congress External Review Draft (EPA/600/R-22/273) (PDF) (994 pp, 46 MB, about PDF)

Related Link(s)

External Peer Review for the Biofuels and the Environment: Third Triennial Report to Congress External Review Draft

EPA opens comment period on draft RFS report (Ethanol Producer Magazine)

Biofuels and the Environment (U.S. Environmental Protection Agency)

Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft) (U.S. Environmental Protection Agency)

EPA Draft Report Again Fails To Directly Tie Environmental Harms To RFS (Inside EPA)

EPA Announces Peer Review Meeting for “Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft)” (B&C Biobased and Sustainable Chemicals Blog)

Excerpt from Inside EPA: EPA is telling Congress that its renewable fuel standard (RFS) program may have caused some relatively minor expansion of cropland for ethanol production, possibly resulting in environmental damage, but the agency again fails to tie any adverse effects directly to the biofuel program. As in prior reports, a draft version of EPA’s just-released third report to Congress on the environmental effects of the RFS finds it difficult to tie specific expansions of cropland or biofuel production to the RFS, making... READ MORE

Excerpt fromB&B Biobased and Sustainable Chemicals Blog: ERG, an EPA contractor, is organizing an independent external peer review of the draft report. The peer review meetings are open to anyone who would like to attend as an observer and will include a brief public comment period on the first day (February 24, 2023). Registration is required. Panel peer review meetings will be held:

February 24, 2023, 11:00 a.m.-6:45 p.m. (EST);
February 27, 2023, 11:00 a.m.-6:30 p.m. (EST); and
February 28, 2023, 1:00 p.m.-3:40 p.m. (EST). READ MORE