US EPA sets renewable fuel standard for 2019

U.S. environmental regulators have established renewable fuel standards for 2019, calling for a 3% increase in renewable fuel volumes over 2018, but have continued to waive statutory requirements targeting even larger volumes of renewable fuel.

Congress created the Renewable Fuel Standard or RFS program through the Energy Policy Act of 2005, and expanded the program through the Energy Independence and Security Act of 2007. Administered by the U.S. Environmental Protection Agency, the RFS requires a certain volume of renewable fuel to be used in transportation (motor vehicles and jets) and heating. Refiners and importers of gasoline or diesel, along with other market participants like fuel producers and exporters, track and trade renewable fuel credits called Renewable Identification Numbers or RINs.

The RFS includes four categories of renewable fuel: cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. By statute, Congress prescribed specific volumes of these four categories of renewable fuel for each year through 2022, and required the EPA to set RFS volume requirements annually based on these statutory targets. The statute also allows the EPA Administrator to waive these volumetric requirements, based on a determination that implementation of the program is causing severe economic or environmental harm, or based on inadequate domestic supply.

On November 30, 2018, the EPA issued its final rule for the 2019 RFS program. The 2019 final rule sets the total U.S. renewable fuel volume requirements for 2019 at 19.92 billion gallons, including 4.92 billion gallons of advanced biofuel, 2.1 billion gallons of biomass-based diesel, and just 418 million gallons of cellulosic biofuel. The rule also sets a 2020 volume requirement for biomass-based diesel of 2.43 billion gallons.

The EPA noted that "the market has fallen well short of the statutory volumes for cellulosic biofuel, resulting in shortfalls in the advanced biofuel and total renewable fuel volumes." Based on this observation, EPA exercised its waiver authority to finalize the cellulosic biofuel volume requirement at the level EPA projects to be available for 2019. This is consistent with EPA's past practice, through which it has set the cellulosic biofuel requirement lower than the statutory volume for each year since 2010.

Energy implications of fiscal cliff deal

Congress enacted the American Taxpayer Relief Act of 2012 on January 1, 2013.  The bill's primary purpose was to stave off the so-called fiscal cliff by extending tax cuts and unemployment benefits.  The bill also included a variety of energy-related provisions, including extensions of tax credits for producers of biofuels and renewable electricity.  These policies will shape business activity in 2013.

The most prominent energy provisions in the act extend and modify incentives for producing renewable electricity.  One extended the production tax credit for wind.  The production tax credit is worth 2.2 cents per kilowatt hour of electricity produced for a 10-year period from a wind facility.  While the production tax credit had previously been available only to wind facilities placed-in-service by the end of 2012, the new legislation extends the credit to any facility that begins construction before the end of 2013 to claim the 10-year credit.  This provision is estimated to have a net of cost $12.109 billion over ten years but was seen by some as essential to continued investment in renewable energy facilities.  A parallel provision extended the investment tax credit in lieu of production tax credit, which gives a tax credit equal to 30 percent of eligible investment in renewable facilities in the year that the facility is placed-in-service. Facilities must begin construction by the end of 2013.  This provision is estimated to cost $135 million over ten years, suggesting Congress thinks the investment tax credit will be applied to about $450,000,000 in qualified investments.

Other provisions extended credits for energy-efficient improvements to existing homes, plug-in electric vehicles and alternative vehicle refueling property, producing cellulosic bifuel, biodiesel and renewable diesel.

The extension of the renewable electricity credits will stimulate growth in an industry that has suffered from uncertainty over their renewal.  Their previously-scheduled 2012 end led to a rush of construction to enable projects to qualify for the tax credits, but fewer new projects were announced in 2012 as they appeared unable to be placed in service before the deadline.  The credits' renewal will likely lead to a similar scramble to complete at least some construction financing and begin construction in 2013.  This in turn may mean busy caseloads for state environmental and energy permitting authorities, as developers pursue permits to enable construction to begin this year.  Projects able to start construction in 2013 will be eligible for either the production tax credit or the investment tax credit, even if construction takes several years.  This feature may help offshore wind and other projects with long construction times, if they can get the permits to start work this year.

POET ethanol plant declines DOE loan guarantee

Cellulosic ethanol producer POET LLC has declined a $105 million federal loan guarantee for its planned "Project LIBERTY" facility in Emmetsburg, Iowa, instead turning to private funding from Dutch company Royal DSM NV.  This choice has implications both for energy policy and for the biofuels industry.

Last year brought an end to a US Department of Energy program to help fund innovative energy projects with loan guarantees.  Before it ended in September 2011, DOE's Section 1705 loan guarantee program backstopped a total of $16 billion in loans for 28 projects ranging from nuclear power to solar, wind to transmission, biofuels to energy efficiency.  Questions about the value and implementation of the loan program grew after the recipient of the first loan guarantee, solar panel maker Solyndra LLC, failed and went bankrupt.

Before the Section 1705 loan program ended, POET was awarded a guarantee for $105 million.  POET is developing the Project LIBERTY plant, which aims to use cutting-edge enzymatic hydrolysis to produce fermentable sugars from corn crop waste, and then to use special yeasts to transform the sugar into usable ethanol.  By 2013, the plant could be producing up to 25 million gallons per year.

This week POET announced that it was declining the DOE loan guarantee.  Instead, POET will partner with Royal DSM, a private business that grew out of a former Dutch national coal-mining company.  Together, the companies will invest up to $250 million in initial capital expenditures for Project LIBERTY.

What does POET's choice mean?  For POET, the terms of the joint venture with Royal DSM are presumably more favorable than the alternative.  Royal DSM's money is likely what made it most attractive to POET, but its experience and markets may have also played a role.

For Iowa, any financial arrangement that realizes $250 million in capital investments in the state is likely to be greeted with open arms.

For other ethanol producers, the deal may signal increased interest in ethanol from the investment community.  The  U.S. Environmental Protection Agency estimates that its renewable fuels standards will require 16 billion gallons of advanced cellulosic biofuel per year by 2022; using the Project LIBERTY plant as a model, this could mean up to 400 new biorefineries will be built by 2022 to meet these standards.  By extension, other recipients of DOE loan guarantees may similarly partner with private-sector entities to complete project financing.

June 28, 2010 - federal grant money for ethanol R&D; Syncrude found guilty in oil sands duck kill

Here's a "do you know..." for you: do you know anyone doing biomass R&D, especially working with cellulosic ethanol? There's a round of federal grants for research and development of handling processes and feedstock logistics. Grants are expected to average $5.5 million each.

DOE, USDA issue funding opportunity for biomass R&D

Up to $33 million is available for biomass research and development projects through a joint funding opportunity from DOE and the U.S. Department of Agriculture (USDA). The funding opportunity aims to develop new technologies in biofuels, bioenergy and high-value bio-based products.

Pre-applications are due July 13. 
DOE is interested in developing systems to handle large amounts of biomass feedstocks, such as wood chips and wood wastes.

One goal of this funding opportunity is to develop logistics systems that can handle and deliver large amounts of feedstock year-round for cellulosic biofuels production.  DOE’s Biomass Program is focusing its R&D efforts on ensuring that cellulosic ethanol is cost competitive by 2012. For more information on the agencies’ biomass goals, see DOE’s multi-year program plan and the USDA’s Bio-preferred Program, which aims to create a market pull for new products and technologies.

In the news: a Canadian judge has found oil sands developer Syncrude Inc. guilty of quasi-criminal charges related to the death of 1,600 ducks that became mired in oily settling ponds.  Allegedly, Syncrude knew or should have known that a large flight of ducks was inbound (one source says Syncrude had 48 hours notice based on radar) at a time when most natural ponds were frozen.  Syncrude was found guilty of depositing materials hazardous to ducks without deploying its "duck protection systems" in time to prevent these ducks from landing on the settling ponds.  The federal charges could be as high as $300,000 per bird.

Tide power: Irving has walked away from its exclusive rights to evaluate tidal power at 11 Crown-owned sites in the Bay of Fundy.  With Irving's relinquishment, the government will likely issue another RFP for the sites.