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EU publishes deforestation commodity law

  • : Agriculture, Biofuels, Biomass
  • 21/11/17

Cattle, cocoa, coffee, oil palm, soya and wood commodities and products will be subject to due diligence requirements under a draft legal proposal published by the European Commission today. The regulation, if adopted, will apply in all EU countries and will ban the sale and export or re-export of these commodities if they are linked to deforestation.

The proposed regulation combines due diligence requirements with a country benchmarking system for deforestation and forest degradation linked to the listed commodities. The commission will also take into account a country's "engagement" in fighting deforestation and forest degradation. Due diligence obligations for operators and member state authorities differ according to whether countries are categorised as of low, standard or high risk.

The commission has set a cut-off date after which the commodities and products covered by the regulation will not be allowed to enter or exit the EU market if produced on land subject to deforestation or forest degradation after 31 December 2020. The regulation also contains a geographic information obligation whereby operators must collect the co-ordinates of all plots of land where the relevant commodities and products were produced.

EU member states would also have to sanction operators and traders with "effective, proportionate and dissuasive" penalties. The published final draft of the regulation notes that the maximum amount of fines will be at least 4pc of the operator's or trader's annual turnover in the member states concerned. Non-compliant traders will face confiscation of the relevant commodities and products, confiscation of revenues and temporary exclusion from public procurement processes.

The final version of the regulation widens the scope from a leaked draft. It now catches cattle rather than just beef, and it stretches the list of products to edible offal of cattle as well as leather. Cocoa is expanded to include powder, as well as chocolate and other food preparations containing cocoa.

In addition to palm oil, whether or not refined, the commission is targeting further derived palm products. Similarly, the commission has added soya-bean oilcake and other residues to the targeted soy products, including soya beans, flours and meals of oil seeds as well as soya-bean oil, whether or not refined. The regulation continues to target wood and "fuel wood", whether it be logs, twigs, chips, briquettes or pellets.

EU environment minister Virginijus Sinkevicius said the list of deforestation products can be expanded in the future. While soy is included in the deforestation regulation, European Commission vice-president Frans Timmermans has not confirmed whether it will be included alongside palm oil under a 2019 EU renewable energy law as a product at high risk of indirect land-use change.

"You have to be fair and not just look at palm oil," Timmermans told Argus. "You have to look at a broader scope of commodities."


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24/09/17

EPA already at work on 2026-forward RFS rules

EPA already at work on 2026-forward RFS rules

Monterey, 17 September (Argus) — The Environmental Protection Agency (EPA) has started work on the second set of rules for the Renewable Fuel Standard (RFS), expected to span multiple years beginning in 2026, a spokesperson said today. The rule will likely establish renewable volume targets for multiple years under the RFS, although the exact timeframe has not been confirmed, EPA deputy office director Ben Hengst said today at the Argus North American Biofuels, LCFS and Carbon Summit in Monterey, California. Work on the incoming rule was originally not expected to begin until early 2025. Updated analysis, especially regarding advanced biofuels and feedstocks, will inform new rulemaking, as well as the inclusion of regulatory changes intended to improve the program's implementation, Hengst said. Unprecedented growth in US biofuels imports led overall advanced biofuel supply in 2023 to far surpass EPA projections. But biomass-based diesel volumes for the current rules were based on projected growth in North American feedstock supply — not international availability nor the nameplate capacities of US refineries, Hengst said. There were also large increases in imported feedstocks for biofuel production, namely in used cooking oil and tallow. But the potential for an upset in global trade flows remains an agency concern. Domestic policy in some countries could boost offshore consumption of feedstocks and finished fuels that have arrived to the US market in recent years, while the US policy environment itself remains vulnerable to change. The EPA is also navigating recent adverse judgments against its interpretation of the Small Refinery Exemption program and is prioritizing the development of options that would comply with court orders. There was no clarity provided on eRINs as the EPA continues to consider its options. By Jasmine Davis Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

US regulatory clarity vital to sustain biofuels growth


24/09/17
24/09/17

US regulatory clarity vital to sustain biofuels growth

Monterey, 17 September (Argus) — Clarity from both US state and federal regulators regarding the rules and incentives for biofuels production is essential to ensure continued growth to achieve underlying carbon-reduction targets, industry stakeholders said today. A lack of guidance for incentive programs and qualifications for 2025 and beyond is already hindering trade and investment in key US biofuels markets, panelists said today at the Argus North American Biofuels, LCFS and Carbon Summit in Monterey, California. The current biodiesel tax credit (BTC) is scheduled to give way to the Inflation Reduction Act's Clean Fuels Production Credit (CFPC) in January, while narrowed proposed targets and credit qualifications in state Low Carbon Fuel Standard (LCFS) programs has effectively left key portions of the biofuels market in a holding pattern. Alignment and certainty between regulatory bodies on what will be incentivized and credited in the future will be an essential component of business and investment decisions in the industry, necessary to reach ambitious carbon-reduction targets within the next decade. "The fact that we don't have clarity mid-September for a tax credit going into effect on 1 January, is really hard to believe," said Kurt Kovarik, vice president of federal affairs for Clean Fuels Alliance America. "No one knows the rules of the road with respect to 45Z." Panelists echoed opposition to proposed California caps on crop-based renewable feedstocks that discussed on Monday at the conference during sustainable aviation fuel (SAF) discussions. "If the goal is to remove carbon, the extent to which we can base it on science and not pick winners and losers is in everyone's interests," Kovarik said. "All you're going to end up doing is limiting the driving out of carbon." But speakers today further warned of the potential for a duplication of efforts by parties trying to satisfy both state LCFS programs and the federal Renewable Fuel Standard program. Proposed requirements may also require an unprecedented level of collaboration between segments of the US renewables supply chain. Those requirements could be more disruptive than the feedstock cap itself and potentially have the greatest limiting effect on fuel supply into California, said Don Gilstrap, Chevron's manager of fuels regulations. With that goal in mind, declining carbon intensity targets are already providing the necessary incentive for producers to pivot away from crop-based renewable feedstocks, Gilstrap said. But panelists were optimistic about rising interest in replicating LCFS-style focuses on carbon intensity — an approach they theorized would "unleash innovation" across both the finished fuels and feedstocks segments of the industry. By Jasmine Davis Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

USCG updates ongoing lower Mississippi restrictions


24/09/17
24/09/17

USCG updates ongoing lower Mississippi restrictions

Houston, 17 September (Argus) — The US Coast Guard (USCG) will further limit northbound movement for barges transiting the lower Mississippi River despite slightly higher water levels following Hurricane Francine's landfall late last week. The USCG announced on 16 September that all northbound traffic traveling from Tunica, Mississippi, to Tiptonville, Tennessee, can only have five barges wide and only four of those can be loaded. Barges also cannot be loaded deeper than 9.5ft. Any southbound traffic from Vicksburg, Mississippi, to Tunica cannot move more than seven barges wide or be drafted deeper than 10.5ft. Southbound traffic from Tiptonville to Tunica can only be six barges wide or less and cannot have a draft greater than 10ft. The USCG has updated lower Mississippi river draft restrictions about four times since the end of August, but this is the third year in a row of notable low water for the fall on the lower Mississippi river which has triggered draft restrictions to arrive more quickly than previous years. Hurricane Francine brought significant rainfall to the lower Mississippi at the end of last week . But this has not eased the minds of mariners, who anticipate the water may leave as quickly as it arrived. By Meghan Yoyotte Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

California regulator floats future LCFS linkage


24/09/17
24/09/17

California regulator floats future LCFS linkage

Monterey, 17 September (Argus) — California would welcome bringing US low-carbon fuel standard (LCFS) programs together in a common market, one of the state's top regulators said on Tuesday. Such a linkage is unlikely to occur in the near future, but California Air Resources Board (CARB) deputy executive director Rajinder Sahota said it is something worth pursuing. "I totally think we should link our LCFS programs," she said at the Argus North American Biofuels, LCFS and Carbon Markets Summit in Monterey, California. Sahota said California and other LCFS states are working on a system that could allow the trading of compliance credits between companies covered by each program, but did not provide any other details. Her comments mark a change in tenor from CARB, which historically has said a linkage would be difficult given the differing starting points and carbon intensity targets of each program. Oregon's Clean Fuels Program (CFP) started five years after California's LCFS, while Washington launched its Clean Fuel Standard just last year. New Mexico is working on its own program that will begin by 2026. Oregon and Washington regulators at the conference said there have not been any formal discussions about a linkage, but did not completely dismiss the idea, highlighting the close informal coordination between the states. "All puzzles can be solved eventually," said Bill Peters, interim director of the CFP. By Michael Ball Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

California still eyeing 2025 start to LCFS changes


24/09/17
24/09/17

California still eyeing 2025 start to LCFS changes

Monterey, 17 September (Argus) — California regulators plan to propose changes to the state's Low Carbon Fuel Standard (LCFS) in coming days in hopes of ensuring updates to the program take effect in early 2025. The California Air Resources Board (CARB) will soon issue a new rulemaking package for a 15-day public comment period, Rajinder Sahota, the agency's deputy executive officer, said today at the Argus North American Biofuels, LCFS & Carbon Markets Summit in Monterey, California. "We will be working very hard to ensure we have the targets in place" by 1Q, she said. On a practical level, CARB will have to adopt any amendments to the LCFS by early January or will be forced to start over. California law requires the agency to wrap up a rulemaking within 12 months of the first proposal. Sahota declined to say what changes, if any, to the most recent language would be part of the next 15-day package. The previous language included a 9pc "step down" in the carbon intensity requirement in 2025 and also contemplated a 20pc/yr cap on a company's credit generation from soybean- and canola-oil-based biodiesel or renewable diesel to begin in 2028. That new language "is coming very shortly," she said. The agency's board is scheduled to hold a hearing on the proposed changes on 8 November and could adopt the new language at that session. The LCFS requires yearly reductions in the carbon intensity of on-road transportation fuels. Fuels with scores above the targets produce deficits, which must be offset with credits generated from distribution to the market of approved, lower-carbon alternatives. California currently requires a 20pc drop in carbon intensity by 2030. The ongoing rulemaking could bump that carbon intensity reduction up to 30pc. Surging use of renewable diesel and outsized credit generation from renewable natural gas have overwhelmed deficit generation to create a glut of credits available for future compliance. LCFS credits do not expire, and 26.1mn metric tonnes of credits — 16pc more than all the new deficits generated in 2023 — were available for future compliance by the end of March. Credits fell in May to trade at $40/t, the lowest level for current quarter credits since June 2015, but have since rebounded as the CARB process has played out. But credit prices are still well below their historical highs. Argus on Monday assessed spot LCFS credits at $58/t. By Michael Ball Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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