Michael Regan, EPA administrator, appeared before the House Ag Committee on Wednesday to discuss everything from WOTUS to the farm bill. Here are the highlights that will directly impact producers:
1. Year-Round E15
EPA is not yet ready to issue an emergency declaration to allow E15 fuel to be sold during the summer months as they did in 2022. While Regan said that many of the conditions are still in place that prompted the 2022 emergency waiver, he said EPA staff has not yet brought him enough evidence to issue an emergency waiver.
He cautioned that administrative moves by the Trump administration to allow year-round E15 sales did not survive court challenges. But he said no options are off the table as of yet and that EPA was continuing to work with the Department of Energy and others on the situation.
2. Biodiesel Blending Levels
Proposed 2023, 2024 and 2025 Renewable Fuel Standard volumes for biomass-based diesel and advanced volumes do not match the industry’s current production. Regan explained:
“Let me just say that in 2022 we set the highest volumes ever in EPA’s history. So we’re proud of that and what we plan to do is continue that trajectory. As you know we proposed a rule and we’re in that proposal phase and there aren’t too many things that I can comment during this time of comment but what I can say is that 2023, 2024, and 2025 will continue that positive trajectory.”
According to Regan, his team is taking comments from industry stakeholders and have been offered “a lot” of data that Regan believes will be “reflected in the final rule.”
3. The Future of Biofuels
Rep. David Scott (D-Ga.), asked Regan the role he sees biofuels playing in the future. Last week, EPA announced emission standards for new cars. That announcement led to concerns from the biofuels industry and farmers in regard to the administration’s view on the role biofuels have been playing and can continue to play in reducing emissions and powering our cars and trucks.
Regan was asked what he would you say to our farmers and our domestic biofuels industry – the role he sees biofuels playing in the future. His response:
“Well, I think we see a significant role. It’s called walking and chewing gum at the same time. I think that when you look at the policies of this EPA, and the investments that we’re making in biofuels and advanced biofuels, just by the last RVO volumes we set and the ones we’re anticipating setting, and then the partnership that I have with Secretary Vilsack and Secretary Buttigieg as we look at the role of biofuels with aviation fuels, we see a tremendous market for biofuels that is complimentary to the EV fuels future. And so we think that we can do both – we see a balance here. And in both cases, we’re trying to follow the markets, follow technology, and follow the science as well.”
As for the recent EPA proposal which would tighten tailpipe emissions and force more electric vehicles (EVs) to be used, Regan said the plans do not work against biofuels. EPA is working to implement complimentary policies on that front. “We see a tremendous market for biofuels that is complementary to the EV fuels future,” he said.
4. Waters of the U.S. (WOTUS)
Rep. Don Bacon (R-Neb.) said the Waters of the U.S. (WOTUS) rule on wetlands protections and declared, “Any goodwill the administration has built with farmers and ranchers is gone.”
House Ag Chair G.T. Thompson (R-Pa.) mirrored Bacon’s comments.
“Historically, EPA has over-regulated the agriculture industry,” criticizing agency actions on pesticides, electric vehicles, and WOTUS.
The Supreme Court is expected to rule soon on an Idaho case that would restrict federally recognized wetlands to territory with a direct surface connection to a waterway.
Regan said the EPA issued its WOTUS rule last December in the face of “looming litigation” over not having a regulation. Courts have put on hold the recent Biden/EPA rule in 26 states.
Despite “enduring” 4.5 hours in the committee hearing, Regan shows promise in working more in favor of rural America, according to Thompson. He says Regan called him following the meeting to “emphasize how much he wants to do a better job” of working with the House Ag Committee.
