Domestic Fuel

The president of the Renewable Fuels Association (RFA) is calling a bill approved by a House subcommittee Tuesday yet another stall tactic to the use of higher ethanol blends in fuel.

RFA’s Bob Dinneen says the legislation sponsored by Congressman Jim Sensenbrenner (R-WI) injects “parochial politics into the scientifically established process of approving new fuels.”

“In approving E15, the Department of Energy tested vehicles over millions of driving miles – the equivalent of some 4,700 round trips from Washington to Milwaukee,” said Dinneen in a statement. “To suggest more testing is needed is nothing more than a stall tactic that has but one outcome – our continued addiction to oil.”

Dinneen adds that the concerns raised in the bill are “largely superficial and do not require the intervention of Congress to resolve. America’s ethanol industry has been working with auto companies and fuel suppliers for over a year to address any concerns and misconceptions that persist. This bill would reverse the progress private industry has already achieved and threaten the job creation that would stem from an increased use of domestic renewable fuels.”

*Updated with clarification comments from UNICA*

The president of the Renewable Fuels Association (RFA) this week wrote a letter to the U.S. Trade Ambassador asking for an investigation into news that the Brazilian state of Sao Paulo was imposing a 25% tax on all imported ethanol.

“Because ethanol produced in Sao Paulo is tax exempt, ethanol imported into Sao Paulo from the United States and other areas is at a substantial economic disadvantage,” wrote RFA President and CEO Bob Dinneen to Ambassador Ron Kirk. “We believe this action is discriminatory and may severely—and immediately—restrict the exportation of U.S. ethanol to Brazil.”

Dinneen is pictured here sharing a lighter moment with Marcos Jank, president and CEO of Brazil’s UNICA during a session at the 2011 National Ethanol Conference.

In early December, the nation of Brazil extended a temporary suspension of a 20% federal tariff on imported ethanol.
“This action not only effectively reinstates the tariff on U.S. exports, but increases it by 5%,” wrote Dinneen. “Moreover, we believe the action taken by the state of Sao Paulo is in violation of Article III:4 of the Generalized Agreement on Tariffs and Trade (GATT) and possibly Article 2.1 of the World Trade Organization’s (WTO) Technical Barriers to Trade Agreement.

Port Santos in Sao Paulo is the main port of entry for U.S. ethanol exports to Brazil, which accounted for an estimated 400 million gallons in 2011.

*In response to the RFA’s letter and resulting media reports, UNICA released a statement from president Marcos Jank noting that the Sao Paulo tax is a pre-existing value-added tax (VAT), known as ICMS (Goods and Services Tax), which is not equivalent to the return of Brazil’s tariff on imported ethanol.

According to UNICA, the deferment period started on October 1, 2011 and is now scheduled to end on March 1, 2011.

Eight students will receive a scholarship to attend the 17th Annual National Ethanol Conference: Accelerating Industry Innovation, according to the Renewable Fuels Association (RFA) and the Renewable Fuels Foundation (RFF).

This is the third year the scholarship has been available to students in higher education. Recipients receive complimentary registration to the conference and the opportunity to connect with hundreds of ethanol leaders, policy makers and experts in the renewable fuels industry.

The National Ethanol Conference (NEC) is one of the preeminent conferences for delivering accurate, timely information on marketing, legislative and regulatory issues facing the ethanol industry. This year’s program will highlight how the ethanol industry continues to evolve to meet the demands of a rapidly changing marketplace. With federal policy changing, the global, market-driven environment in which the industry must compete comes with new market challenges. Industry leaders and experts will address how we are meeting these new demands by accelerating innovation in technology, marketing, logistics and feedstocks for the production of advanced ethanol.

“It is very encouraging to see such high levels of interest in biofuels from students year after year through this program,” said Mike Jerke, RFF Chairman and General Manager for Chippewa Valley Ethanol Company. “Networking with experts in the U.S. ethanol industry gives these students a first-hand look behind an evolving industry and the direction it is heading. This is a chance for them to explore the opportunities the industry has to offer.”

Each scholarship recipient has focused their studies on renewable energy and biofuels and is interested in pursuing a career in the industry. Read more about the eight recipients of the NEC Scholarship.

Blender pumps give consumers flexibility and choice of ethanol blends when they are fueling up. Now, the USDA is accepting applications for REAP funds that can be used by retailers who want to install more blender pumps.

This is the second year that blender pumps have been authorized as part of the REAP program. Agriculture Secretary Tom Vilsack announced in 2011 that USDA had plans to install 10,000 blender pumps over the next five years.

That announcement and this year’s opening of the application process is welcome news to the Blend Your Own (BYO) Ethanol campaign, a joint educational effort by the American Coalition for Ethanol (ACE) and the Renewable Fuels Association (RFA). The campaign will again offer free grant writing services to those interested in applying.

“This program provided funding for more than 250 blender pumps last year, providing many consumers with the choice and flexibility they deserve to pick the ethanol blends that work for them based on their vehicle, their beliefs, and their budget,” said RFA Director of Market Development Robert White. “Through the BYO Ethanol Campaign, we have the ability to assist retailers in applying for these funds and help USDA and the Obama Administration achieve the renewable fuel goals they have put forward. With E15 fuel registration due any day, these blender pumps will help spread this new blend across the country.”

“We can break the stranglehold oil has over our nation’s economy and energy future by giving consumers the option to choose clean American fuels that are not petroleum,” said ACE Senior Vice President Ron Lamberty. “In just five years, growing ethanol use has helped us reduce our reliance on foreign oil by more than 10% – to a point where imports are less than half of total demand. We can continue that move toward greater energy independence by getting more ethanol in front of more consumers.”

This program is designed to help spur rural development. This program offers funding for grants, and loan guarantees, but certain restrictions will apply on the size of the local communities and the businesses applying for the funds. Applications for this program are due on March 30, 2012.

Agriculture Secretary Tom Vilsack will be a headline speaker on Friday, February 24th, at the 17th annual National Ethanol Conference, which is being held February 22-24 at the Gaylord Palms Resort and Convention Center in Orlando.

During his tenure, Secretary Vilsack has been a champion for all domestic renewable fuels, including ethanol. Secretary Vilsack has led the charge to modernize America’s fueling infrastructure through the installation of blender pumps. Under his leadership, USDA is investing in new ethanol technologies that will turn abundant materials like grasses, wood wastes, ag residues, and municipal solid waste into ethanol. And, Secretary Vilsack has been a steady voice is combating falsehoods about ethanol, including soundly refuting claims ethanol is the driving factor behind rising food prices.

Those interested in registering for the conference should do so by Thursday, January 25 to save $100 on the registration fee and ensure a room at the convention hotel. After Thursday, the room block will be released and the registration rate goes up. Registration information is available at nationalethanolconference.com.

The federal district court judge who ruled California’s Low Carbon Fuel Standard (LCFS) to be unconstitutional has denied a motion to continue implementation of the law.

On Monday, Judge Lawrence J. O’Neill denied the California Air Resources Board’s (CARB) motion to stay the decision he issued on December 29, 2011 that had halted the enforcement of the LCFS regulation because that regulation is unconstitutional.

On Friday, January 20, 2012, CARB filed papers asking the Court to reverse its decision and allow the state to continue implementing the LCFS in 2012. Judge O’Neill ruled that CARB “improperly seeks to relitigate issues this Court resolved in its order granting the preliminary injunction and orders on the summary judgment motions.” He further noted that CARB sought not to preserve the “status quo” but rather to “allow enforcement that imposes higher restrictions than had been imposed previously” without citing any authority to show why the Court would have jurisdiction to grant that type of relief.

“Judge O’Neill’s decision demonstrates the strength of our claims against the LCFS,” said Renewable Fuels Association President and CEO Bob Dinneen and Growth Energy CEO Tom Buis in a joint statement. “The California LCFS seeks to regulate conduct outside its borders and is blatantly discriminatory and unconstitutional. American ethanol advocates will continue to oppose CARB’s effort to reinstate this punitive policy that illegally seeks to dictate the production and transportion of ethanol and other fuels outside its border.”

CARB has appealed Judge O’Neill’s finding that the LCFS violates the Commerce Clause of the Constitution. That litigation is in the 9th Circuit Federal Court of Appeals.

The 2012 National Ethanol Conference, coming up February 22-24 in Orlando, is a must-attend for anyone in the ethanol industry.

Among the highlights of the conference will be opening general session keynoter Dr. James Canton, futurist and CEO of the Institute for Global Futures. For over 30 years, Canton has been insightfully predicting the key trends that have shaped our world and he will discuss the importance of engaging consumers to grow demand and improve the biofuels industry image.

The opening day luncheon address will feature presidential advisors Karl Rove and Robert Gibbs who will provide their “Insider Perspectives on Election 2012 – The Presidency and Congress.” Rove was one of President George W. Bush’s closest confidants and advisors, and Robert Gibbs has been a longtime advisor to President Obama.

With ethanol exports booming, speakers including former U.S. trade ambassador Mickey Kantor will address the trade opportunities and challenges facing U.S. producers as they seek to expand international markets.

Early registration and convention hotel rates both expire soon. Registration fees for the NEC increase by $100 after January 26. The room block at the Gaylord Palms Resort & Convention Center also expires on January 26.

The latest numbers show that November ethanol exports set another record and that means total exports for 2011 could well exceed a billion gallons.

“Exports have become an important part of the business model for American ethanol producers,” said Geoff Cooper, Vice President of Research and Analysis at the Renewable Fuels Association. “American ethanol producers are the lowest cost provider of motor fuel today and have ample supplies available to help meet ethanol demand around the globe. While the preference for American producers would be to use more ethanol domestically through use of higher ethanol blends like E15, E30 and E85, overseas markets will remain a viable and important part of America’s ethanol industry.”

Ethanol plants continued to crank up production right through the end of 2011, setting yet another record for the last week of the year after already setting new records for the two weeks prior.

According to the Energy Information Administration, ethanol production averaged 963,000 barrels per day – or 40.45 million gallons daily – for the week ending 12/30/2011. That’s 1,000 barrels more than the record set the previous week.

No doubt that ethanol production this year will be a record, although it will be a couple of months before the actual, official total is calculated. But, based on the weekly reports, production will be around 13.78 billion gallons, which beats the 2010 total of 13.23 billion. However, official monthly data tends to deviate slightly from the weekly data and those numbers for November and December have not yet been released.

Former National Security Advisor Robert C. McFarlane will speak at the 6th Annual Iowa Renewable Fuels Summit on January 24. McFarlane’s address is titled, “Foreign Oil: Breaking Our Addiction Through Consumer Fuel Choice.” The Summit is sponsored by the Iowa Renewable Fuels Association (IRFA).

Prior to serving as President Reagan’s National Security Advisor, McFarlane was appointed as the President’s Special Representative in the Middle East. After numerous years of public service, he founded Global Energy Investors, LLC, and co-founded the United States Energy Security Council. The Council’s mission is focused on diminishing the inordinate strategic importance of oil, which stems from its virtual monopoly over transportation fuel.

“We’re privileged to have Mr. McFarlane join the Summit program to underscore the hazardous results of the oil monopoly on the U.S. economy,” said Lucy Norton, IRFA Managing Director. “His message of consumer fuel choice will make clear how flex-fuel vehicles and renewable fuels can play a significant role in reducing our country’s dangerous foreign oil dependence.”

The Summit and trade show will be held in Des Moines, Iowa at Veterans Memorial/Community Choice Credit Union Convention Center from 8:30 a.m. to 3:30 p.m. The event is free and open to the public. Pre-registration is required.

As expected, the California Air Resources Board today filed an appeal in the U.S. Court of Appeals for the 9th Circuit to challenge last week’s ruling that the California Low Carbon Fuel Standard (LCFS) violates the commerce clause of the U.S. Constitution.

The Renewable Fuels Association (RFA) responded to the expected action by noting that the judge who issued the ruling has made a good decision in determining that the LCFS discriminates against Midwestern ethanol producers. “Judge O’Neill agreed, basing his ruling on strong evidence and sound constitutional law,” said the RFA statement. “In the Court of Appeals, RFA will vigorously defend the result obtained at the District Court level.”

The judge’s ruling found that the LCFS discriminates against out-of-state corn-derived ethanol and impermissibly regulates extraterritorial conduct and the court therefore issued an injunction against the enforcement of the LCFS in California.

RFA’s Matt Hartwig provides a good overview of the ruling and its implications on the E-xchange Blog. “The RFA is not opposed to carbon-reducing programs but believes any such initiative should be undertaken at the national level, thus avoiding a state-by-state patchwork of unworkable and possibly unconstitutional policies,” notes Hartwig. “If based on the best available science and grounded in real world perception, a national low carbon fuel strategy that complements the Renewable Fuel Standard would be something the RFA and its members would support.”

Corn growers are pleased with the ruling last week by a Federal District Court judge in Fresno, California that the state’s Low Carbon Fuel Standard (LCFS) violates the Commerce Clause of the U.S. Constitution and is therefore unconstitutional. The ruling is in response to a suit filed in December 2009 by the Renewable Fuels Association and Growth Energy asserting that the LCFS violates the Commerce Clause by seeking to regulate farming and ethanol production practices in other states.

“This ruling reaffirms our position that the state of California violated the U.S. Constitution when it created a low carbon fuel standard punitive to farmers and ethanol producers outside of the state’s border,” said National Corn Growers Association President Garry Niemeyer. “Corn farmers are good stewards and advocates for thoughtful, fair strategies that will improve our environment through the advancement of biofuels. We hope that this ruling will lead to an inclusive discussion where regulators join other stakeholders to find effective renewable energy solutions.”

The judge ruled that the LCFS discriminates against out-of-state corn-derived ethanol and impermissibly regulates extraterritorial conduct and that the California Air Resources Board (CARB) failed to establish that there are no alternative methods to advance its goals of reducing GHG emissions to combat global warming.

Abengoa Bioenergy is starting 2012 by shutting down production indefinitely at the company’s two smallest ethanol plants, located in Portales, New Mexico and Colwich, Kansas.

Company officials say the plant closures are temporary and due to current depressed market conditions for ethanol. The two plants amount to 55 million gallons per year of production.

Abengoa is a major biofuels producer in Europe the United States and Brazil. The company has a total of six ethanol plants in the United States, with two cellulosic ethanol facilities planned for York, Neb., and Hugoton, Kan. Abengoa Executive Vice President Chris Standlee serves as chairman of the Renewable Fuels Association.

A Federal District Court judge in Fresno, California has sided with America’s ethanol industry in ruling that the State of California’s Low Carbon Fuel Standard (LCFS) violates the Commerce Clause of the U.S. Constitution and is therefore unconstitutional.

In a joint statement, Renewable Fuels Association President and CEO Bob Dinneen and Growth Energy CEO Tom Buis said: “The state of California overreached in creating its low carbon fuel standard by making it unconstitutionally punitive for farmers and ethanol producers outside of the state’s border. With this ruling, it is our hope that the California regulators will come back to the table to work on a thoughtful, fair, and ultimately achievable strategy for improving our environment by incenting the growth and evolution of American renewable fuels.”

On this claim the Court found that the LCFS discriminates against out-of-state corn-derived ethanol and impermissibly regulates extraterritorial conduct. As a result, the Court issued an injunction. Judge O’Neill also ruled that CARB failed to establish that there are no alternative methods to advance its goals of reducing GHG emissions to combat global warming.

The ruling allows California to immediately appeal the decision to the U.S. Court of Appeals for the 9th Circuit and the ethanol industry is prepared to defend the decision that the LCFS is unconstitutional in any appeal that may be filed.

Ethanol industry developments in 2011 have set the stage for a new era. The Renewable Fuels Association has identified five top stories for the ethanol world from 2011 that will change the future.

They are:

1. EPA approval of 15 percent ethanol for use in 2001 and newer vehicles
2. The end of the blenders tax credit and secondary tariff on ethanol imports
3. Surge in U.S. ethanol exports
4. New strides in advanced and cellulosic ethanol development
5. Emergence of the integrated biorefinery model

In this edition of “The Ethanol Report,” Renewable Fuels Association president and CEO Bob Dinneen comments on the year in review and some of the top ethanol stories of 2011.

Listen to or download the Ethanol Report here: Ethanol Report on 2011 in Review