Letter to The Honorable Andrew Wheeler, Administrator of the US Environmental Protection Agency - Fischer Calls on EPA to Modernize Rulemaking for Biogenic Carbon Emissions

Letter

We write to urge the Environmental Protection Agency (EPA) to take prompt action to promulgate a
rulemaking that recognizes the de minimis character of biogenic carbon emissions from agricultural
feedstocks used to make food, fuel, beverages, or bioproducts. On September 9, 2020, the Biogenic CO2
Coalition submitted a petition to EPA requesting a rulemaking for a de minimis standard for biogenic CO2
from agricultural crops. Moving forward on this request would provide clarity for key stakeholders and
align EPA policy with the biogenic emissions standards. These same standards are applied by every other
regulatory authority worldwide in acknowledging that biogenic carbon emissions from agricultural
feedstocks are different than carbon from fossil fuels.
The United States leads the world in producing the highest total volume and yield of the commodities that
matter most to a thriving bioeconomy. For many growers of agricultural feedstocks, like corn, cotton, and
hemp, the growing bioeconomy offers an opportunity to enter new markets and diversify their customer base.
Consumers worldwide are increasingly demanding sustainable, plant-based products and materials, and the
global marketplace is rising to meet that demand. Global production of bioplastic is expected to grow 13% in
the next five years, yet data indicates that the U.S. is falling behind its competitors in the international
bioeconomy. Between 2014 and 2019, North America's share of the global bioplastics market grew from
14% to just 18%, while Europe's share increased from 15% to 25%, despite the U.S.'s position as a global
leader in agricultural production.
With the exception of EPA, environmental regulatory authorities worldwide distinguish between biogenic
carbon emissions from agricultural crops and carbon emissions from fossil fuels. As a result, economies
overseas have a substantial competitive advantage for construction, modernization and improvement of
facilities relative to those here in the U.S. EPA's current policy on biogenic CO2 emissions has slowed
investment in the U.S. bioeconomy due to uncertainty surrounding the permitting process, litigation risks,
and costs for new manufacturing and processing facilities. U.S. agribusinesses are positioned to make
significant investments in facility modernization and improvements to support the development and
production of renewable products and materials, however they need regulatory certainty. This is especially
important to our rural communities that are dealing with the impacts of the global pandemic and a growing
financial crisis among farmers, ranchers, and agricultural businesses due to low prices and damages caused
by fires, droughts, and even a recent derecho.
By clarifying the insignificant nature of biogenic carbon emissions from agricultural crops, EPA can open
the door for increased production of sustainable, plant-based products and materials with a wide range of
environmental benefits in the United States. Expanded production of plant-based products and materials, and
in turn, the growth of the U.S. bioeconomy, promises to substantially reduce GHGs, improve water quality,
divert waste from landfills, and increase soil health.
Growing the U.S. bioeconomy offers a bright future for rural America, one that will bring more jobs and
opportunities to the American heartland, offer American consumers more and better sustainable products,
and bring much-needed support to America's farmers and ranchers. For over 10 years, EPA has stated an
intention to eliminate regulatory barriers preventing that potential from becoming reality.
We thank you for your attention and urge EPA to take action now to afford the regulatory clarity our
farmers, businesses, and entrepreneurs need to invest in their communities and pursue new market
opportunities.
Si

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