EPA leader focused on water quality, biofuels and livestock in first Iowa visit


Via North Carolina Department of Environmental Quality

Elizabeth Miglin | May 6, 2021

The new Environmental Protection Agency Administrator Michael S. Regan visited Iowa on Tuesday to discuss agriculture’s impact on environmental issues. 

Regan’s first visit to Iowa, included a tour of the Lincolnway Energy ethanol plant near Nevada, followed by a group discussion with farmers and a meeting with Gov. Kim Reynolds in Des Moines. Later in the day, Regan met with state and city officials to announce plans for a superfund site near downtown Des Moines. Notably, no discussions occurred with environmental organizations during his trip. 

The focus of Regan’s visit surrounded water quality, biofuels, and livestock production. Iowa environmental advocates have long supported regulation of nitrogen and phosphorus, two of the main farm fertilizers polluting Iowa’s lakes and streams. However, Regan spoke in favor of a nutrient reduction strategy focused on individual farmers taking steps to address this issue, according to the Iowa Capitol Dispatch


Regan’s visit comes as the issue of waivers to the federal Renewable Fuel Standard are before the U.S. Supreme Court. The waivers, which are highly objected to by farmers, allow oil refiners to not blend biofuels into oil production per the Renewable Fuel Standard, according to Iowa Environmental Focus. Although the Biden Administration does not support the reinstatement of the waivers, concerns have arisen over the administration’s push for electric vehicles and lack of support for corn and soybean-based biofuels. Speaking to these concerns, Regan emphasized the necessity for the co-existence of biofuels and electric vehicles for the foreseeable future.

Biofuel Waivers For Oil Refineries Could Be Removed After EPA Files Motion


Via Flickr

Thomas Robinson | May 4th, 2021

The EPA has filed a motion to remove biofuel waivers granted to the Sinclair Oil Corp. over questions on whether the waivers were allowed under previous court rulings.

Sinclair Oil Corp. received three biofuel waivers for the years 2018 and 2019 shortly before the Trump administration left office which exempted their oil production from federal biofuel requirements. These waivers have been a contentious issue after a 10th circuit court ruling in 2020 that argued some of the recently granted waivers had been inappropriately issued by the EPA. That ruling declared that these biofuel waivers could only be applied as continuous extensions to waivers granted in 2010, not as stand alone waivers, which would greatly limit the number of oil refineries that would qualify.

Two oil refining companies challenged the court’s ruling, however, a U.S. federal court threw out the challenge just last month. Both companies had previously received waivers that would not have been issued under the new court order, and had petitioned for a rehearing over the decision. While biofuel blending is good for farmers, the requirement that billions of gallons of ethanol must be included in gasoline costs is very expensive for the oil industry.

Iowa benefits greatly from biofuel requirements, since the state is the number one producer of ethanol in the country, with a yearly total of approximately 4.5 billion gallons of ethanol, or around 27% of U.S. ethanol production.  Federal blending standards were introduced under the U.S. Renewable Fuel Standard which spurred agricultural growth in Iowa and a surge in the price of corn that brought high profits for farmers.

SCOTUS Hears Biofuels Case, Could Impact Iowa


Via flickr

Eleanor Hildebrandt | April 30, 2021 

The U.S. Supreme Court heard oral arguments for a case that could exempt small refineries from the Renewable Fuel Standards Program on Tuesday.

The nine justices heard oral arguments in the Hollyfrontier Cheyenne Refining LLC v. Renewable Fuels Association case that questions if small refineries can request exemptions to the U.S. Environmental Protection Agency’s standards that were created to reduce greenhouse gas emissions across the country. The case was submitted for a later decision that will likely come in a few months.

Attorney General of Iowa Tom Miller submitted an amicus brief to the Supreme Court alongside Nebraska, Illinois, Michigan, Minnesota, Oregon, South Dakota, and Virginia officials. The 29-page brief asks the highest court to side with the Renewable Fuels Association and deny exemptions for small refineries if exemptions are not in place continuously.

Miller and Attorney General of Nebraska Doug Peterson argue in the brief that the EPAs “recent trend of freely granting small-refinery exemptions has undermined” the Renewable Fuel Standard’s promises of environmental benefits and energy independence.

In the case, the Hollyfrontier Cheyenne Refining LLC argued that they face detrimental financial impacts when forced to buy ethanol and biodiesel at Congress’s demanded levels. Miller and his colleagues argue that the EPA’s willingness to grant exemptions has harmed the Iowa farming and biofuels industry.

In January 2020, a 10 Circuit Court of Appeals heard the case and sided with the Renewable Fuels Association, a decision the EPA supported. After hearing oral arguments on April 27th, the U.S. Supreme Court is expected to present a decision in July 2021.