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BIO Asks EPA to Ensure Biofuels Receive Fair Treatment in Renewable Fuel Standard Rules

WASHINGTON, D.C. (Monday, September 28, 2009) - The EPA must acknowledge the full extent of the uncertainty in its estimation of biofuels’ lifecycle greenhouse gas emissions and ensure that biofuel technologies are not preemptively disqualified from participation in the Renewable Fuel Standard program. The Biotechnology Industry Organization (BIO) today released official comments on the Environmental Protection Agency’s (EPA) proposed rule and draft regulatory impact analysis for the Renewable Fuel Standard.

Brent Erickson, executive vice president of BIO’s Industrial & Environmental Section, stated, “EPA’s proposed methodology yields highly uncertain estimates of biofuels affect on international land use change, due in part to starting assumptions about future crops productivity and land constraint, causality, and the role of other countries’ land use policies. EPA must acknowledge the limitations of the current state of the science of estimating international land use change and not preemptively disqualify biofuels from the program unless they are clearly demonstrated to exceed the greenhouse gas emission thresholds set in the law. Because of the high degree of uncertainty in the model and the embryonic state of the emerging science, EPA should expressly disclaim any intent to establish precedent in this rulemaking for how international land use change may be measured under a different regulatory program.

“Technology innovation is occurring at a rapid rate across the biofuels industry, even as petroleum exploration pursues more environmentally questionable sources of oil. EPA has already recognized the contributions biotechnology makes to a “best case scenario” for future conventional biofuel production. The agency should also recognize the contributions biotechnology can make in continuing to increase crop yields, decrease fertilizer inputs, increase drought tolerance and lower the overall carbon footprint of biofuel feedstocks.

“EPA’s framework for categorizing biofuel production technologies is too inflexible. A better approach would be to allow biofuel producers to estimate the carbon footprint for their plant based on specific data plugged into a flexible, technology neutral analysis tool that can account for future improvement and innovation.

“Because commercial development of advanced biofuels has been slowed by the current recession – as investment in new technologies has declined in all sectors of the economy – rapid implementation of the rule, increased transparency of the methodology, and expedited consideration of new pathways is vital. Finally, EPA should take great care in implementing the cellulosic biofuel waiver and associated credits or ‘allowances.’ Cellulosic volumes under the RFS should be set prudently and allowances should not displace volumetric requirements for blending all biofuels, since the purpose of the renewable fuel standard is to increase blending of renewable fuel. Failure to effectively use the waiver provision and structure the RIN allowances correctly will lead to market instability.”

Upcoming BIO Events

BIO Investor Forum
October 28-29, 2009
San Francisco, CA

Advanced Business Development Course
October 30, 2009
Vienna, Austria

BIO Europe International Partnering Conference
November 2-4, 2009
Vienna, Austria

Pacific Rim Summit on Industrial Biotechnology and Bioenergy
November 8-11, 2009
Honolulu, HI 

About BIO

BIO represents more than 1,200 biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and in more than 30 other nations. BIO members are involved in the research and development of innovative healthcare, agricultural, industrial and environmental biotechnology products. BIO also produces the BIO International Convention, the world’s largest gathering of the biotechnology industry, along with industry-leading investor and partnering meetings held around the world.

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