BIO Statement on EPA Final Rule for 2014, 2015 and 2016 Renewable Fuel Standards

The final rule for the 2014, 2015 and 2016 Renewable Fuel Standards (RFS), issued today by the Environmental Protection Agency (EPA), is an unnecessary, unlawful about face for a program that was successfully driving development of cleaner biofuel technologies and reduction of U.S. greenhouse gas emissions. The rule undermines the goals of the statute, and it will continue to undercut investment in advanced and cellulosic biofuels and increase greenhouse gas emissions in the transportation fuel sector, the Biotechnology Industry Organization (BIO) said today.

Brent Erickson, Executive Vice President of BIO’s Industrial & Environmental Section, said:

“Today’s rule is a severe blow to American consumers and the biofuels industry. To date, BIO member companies have invested billions of dollars to develop first-of-a-kind advanced and cellulosic biofuel production facilities. EPA’s two-year delay in finalizing the rule created untenable uncertainty and shook investor confidence in the RFS program. BIO estimates that investment in the advanced biofuel sector has experienced a $13.7 billion shortfall due to EPA’s delays and proposed changes. Unfortunately, this final rule exacerbates the problem.

“As EPA has acknowledged, its delay allowed obligated parties to act as though the law did not exist. The delay increased U.S. carbon emissions by millions of tons over the past two years, compared to what could have been achieved with required use of biofuels. As the United States enters negotiations with the rest of the world to limit greenhouse gas emissions, EPA is putting in place an RFS rule that will sacrifice achievable reductions of emissions in the transportation sector.

“Moreover, EPA has violated the law. As BIO explained in its formal comments on the proposed rule, EPA has misconstrued Congressional intent, and its attempt to change the plain meaning of the RFS law regarding waivers is a needless and impermissible departure from EPA’s successful implementation of the RFS program through 2013. EPA’s action will undoubtedly trigger Court challenges that prolong and aggravate uncertainty about this program. BIO, its members and allied groups are now considering their available legal options to remedy EPA’s violation of the Clean Air Act.

“EPA’s decision increases carbon emissions from the transportation sector above achievable levels. This backsliding on transportation emissions – which account for 30 percent of all U.S. carbon emissions – unnecessarily and regrettably undermines America’s credibility at the Paris Climate Change Conference, which starts next week.”