Senate Hearing Addresses Wood Stoves, RFS and Biomass Neutrality

by Erin Voegele (Biomass Magazine) The U.S. EPA’s proposed rule to extend the sales deadline for Step 1 wood heaters, rulemaking to classify biomass as carbon neutral and issues associated with the Renewable Fuel Standard and small refinery exemptions (SREs) were among the topics discussed during a May 20 Senate hearing.

The U.S. Senate Committee on Environment and Public Works held a hearing focused on oversight of the U.S. EPA on the morning on May 20. U.S. EPA Administrator Andrew Wheeler was the only witness.

During the event, several senators questioned Wheeler on rulemaking being developed by the agency that will classify certain kinds of biomass as carbon neutral. Sen. Roger Wicker, R-Miss., asked Wheeler what the timeline is for a final rule related to forest biomass. Wheeler said a proposed rule is currently going through the interagency review process. “We hope to publish the rule in June,” he said.

Sen. Mike Braun, R-Ind., asked Wheeler if the EPA plans to develop a similar rule for crop biomass. “We are looking at that in a three phase process,” Wheeler said, noting that the first phase of that process focuses on wood biomass due to language included in in recent appropriations bills. Crop biomass, he said, will be addressed in either the second or third phase, with that work currently expected to be rolled out during the next year and a half.

Also during the hearing, Wheeler answered questions related to RFS waivers and SREs. Sen. John Barrasso, R-Wyo., expressed disappointment that the EPA didn’t challenge the Tenth Circuit Court of Appeals January ruling that, if applied nationally, would significantly reduce the number of small refineries that are eligible to receive SREs. He asked Wheeler what steps the EPA is taking to help small refineries get hardship waivers.

Sen. Joni Ernst, R-Iowa, referenced recent requests submitted to the EPA that seek waivers of 2020 RFS blending requirements. Despite what those waivers claim, she said, the RFS is not causing oil refiners economic harm—COVID-19 and oil wars are causing the problems. Ernst asked Wheeler if the EPA has determined how it will respond to those waivers and whether or not the agency will look at precedent set in prior years. Wheeler said the agency has not yet determined its response to the waiver requests, but stressed the agency will look to past precedent, Clean Air Act requirements, and court decisions when making that determination.

Ernst also asked Wheeler about commitments to remove E15 warning labels from fuel pumps and changes that would allow E15 be to be sold in fueling infrastructure that is currently approved for use with E10. Wheeler said the issue was more complex than he originally thought due to factors related to underground fuel storage tanks. He said EPA staff continues to work on the issue, but cautioned that staffing issues are causing delays. The same small group of staff that are working on those issues are also working on all the other RFS-related issues as well, he said. While the agency is behind on those E15 matters, he said agency will get to those issues as soon as possible.

A full video recording of the hearing can be viewed on the Senate Committee on Environment and Public Works website. READ MORE

Excerpt from Biomass Magazine: The Biogenic CO2 Coalition is a group of leading agricultural organizations fighting for the fair, science-based treatment of annual farm crops by the EPA in order to grow the American bioeconomy, create jobs, and boost rural America. Today, the Coalition released a video highlighting the need for such rulemaking: https://bit.ly/3d361Gu.

The EPA is expected to issue a new rulemaking soon clarifying that natural (i.e., biogenic) carbon dioxide from the burning of woody biomass does not contribute to excess greenhouse gases in the atmosphere. During Wheeler’s testimony before the Senate Environment & Public Works Committee, Sen. Mike Braun, R-Ind., asked when EPA would pursue a new biogenic CO2 standard for annual crops, citing a recent letter to Wheeler from 21 leading climate scientists urging the EPA to include agricultural crops under the biogenic CO2 rulemaking, calling it a regulatory burden “without scientific justification.” See Inside EPA. Wheeler replied that the agency plans to work on a new biogenic standard for annual crops in approximately a year.

During Wednesday’s hearing, Sen. Joni Ernst, R-Iowa, observed that the COVID-19 pandemic has resulted in countless “jobs lost and lives upended across Iowa and throughout rural America.” The Coalition is supportive of President Trump’s recent Executive Order on Regulatory Relief to Support Economic Recovery, and hopes this action will spur EPA into action on the issue of biogenic carbon emissions from the processing of annual agricultural crops.

“For over three years, EPA officials have told us they are going to issue this common sense clarification. EPA’s response seems to ignore President Trump’s call for deregulatory actions to spur investment and job creation. CRA is hopeful that EPA will remove this roadblock to growth in rural America,” said John Bode, president and CEO of the Corn Refiners Association. “By simply clarifying the de minimis character of biogenic carbon emissions from the processing of annual agricultural crops, the EPA can enable billions of dollars of investments into rural economies, robust job creation, and allow America to compete in the international marketplace for renewable products. The time for action is now.”

“It is well past time for EPA to undertake rulemaking on biogenic carbon emissions from annual agricultural crops, which now more than ever can serve as a boon to rural communities as they seek to recover from the COVID-19 crisis,” said Jessica Bowman, executive director of the Plant Based Products Council. “It is critical that EPA move quickly to pursue this science-based policy in order to allow for the development of the U.S. bioeconomy, a sector in which we are quickly falling behind international competition.”

Braun and Ernst were among 16 Senators from both parties who sent a bipartisan letter to the EPA last year calling on the agency to provide clarity on the regulatory treatment of biogenic carbon emissions produced from feedstocks such as corn and soybeans. This letter echoed earlier calls by five governors who wrote their own letter to the EPA urging action on this issue. READ MORE