Tag Archives: Government

Renewable Fuel Standard, or Not?

12 Friday Feb 2016

Posted by in Energy & Environment, EPA, Ethanol, Government, Renewable Fuels Mandates, Uncategorized

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The Renewable Fuels Standard (RFS) provisions of The Energy Independence and Security Act of 2007 (EISA), mandates an increasing blend of renewable products into our domestic fuel supply. The law amends the Clean Air Act, and allows for an initial blending of food-based ethanol (corn), beginning in 2008. In subsequent years, the blend was to transition towards satisfying the annually increasing volumes with non-food “second stage” cellulosic ethanol, referred to as RFS2. The cellulosic, or advanced biofuels, are derived from biological materials such as wood shavings, leaves, corn cobs and grasses. In addition to the blend provisions, the law requires the program to achieve a 20% reduction in greenhouse gas emissions. Unfortunately, the costly experiment has failed to meet several goals, including air quality and the defined blend requirements.

To explain, in 2008 Congress mandated the EPA to set the RFS at a 10% blend of corn ethanol. Drivers then began to see labels informing them of E10 in fuel pumps. By 2010, the law states we were to move towards the use of non-food products (the second-stage RFS2), to fill the increasing blend requirements. However, in 2010 and 2011, no cellulosic biofuel was available to fill the volume requirements. Similarly, in 2012 and 2013 the available production did not amount to 1% of the mandated levels. As a result, the EPA adjusted the blend formulas allowing for first stage corn-based ethanol to fill the void.

In 2011, the EPA approved the blend increase to E15 (15% ethanol). An increase mandated to include cellulosic renewables (non-food) as opposed to corn. Now, several years into the program, cellulosic biofuels are still not available. Nevertheless, the EPA should not continue to adjust the volumes between ethanol and biofuels. It was at the onset of the program in 2007 that the Department of Energy (DOE), assured the taxpayers cellulosic ethanol would be ready and cost competitive with gasoline by the year 2012. Again, yet another goal the program failed to meet. Incidentally, that promise accompanied an astounding $385 million federal investment in six privately owned plants.

Unfortunately, at this time technological realities and market fundamentals simply do not support large-scale production of cellulosic biofuels and the industry is not near capable of meeting the RFS2 mandates. The creation of a law does not guarantee that science and economics will cooperate. As we look at the legal requirements and limits of alternative fuels made from wood chips and corn cobs, one thing is wholly apparent. We can’t get there from here.

So then, where are we? In regards to the ethanol mandate, we are quite possibly near the end. It was a poorly drafted piece of legislation that is not sustainable without government backing. Aside from corn farmers and their lobbyist, there is little support for continuing the project. Unfortunately, and unavoidably, the same corn farmers who benefited from the program will suffer the greatest financial impact upon its demise.

– See more at: http://environmentblog.ncpa.org/renewable-fuel-standard-mandates-or-not/#sthash.RStlFs7h.dpuf

Tobacco: Top User of Agriculture Guest Worker (H-2A) Visa Program

18 Monday Jan 2016

Posted by in Food Security and Safety, Government, Immigration, Uncategorized

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With the run up to the 2016 presidential election, we have seen a growing debate on the need for border security versus the shortage of agriculture workers. Tales of apples rotting on trees and produce left in the field are offered as evidence of jobs Americans won’t do. Yet, according to the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification program, we have a record number of guest worker visa holders. In agriculture alone, the number of H-2A visa holders has risen nearly 35% in the past decade.

Visa Certifications

Considering the increase of H-2A visa holders, how is it those who grow our food are struggling to bring in their crops? Where are all the workers? Well, according to DOL reports, a majority are harvesting tobacco, working in landscape nurseries, and operating equipment. Annual reports show the tobacco industry is consistently the largest single sector employer of agriculture guest worker visa holders. In fact, a tobacco trade organization, the North Carolina Growers Association (NCGA), touts itself as the nation’s largest user of the H-2A agricultural “guest worker” program. And, though the Center for Disease Control (CDC) reports a steady decline in U.S. smokers, the industry is experiencing a growth in acres planted and yields.Visa Top 10

The resurgence comes after an initial dramatic decline in tobacco farming following the implementation of the Fair and Equitable Tobacco Reform Act of 2004 (FETRA). That legislation ended nearly 70 years of farm subsidies and marketing quotas. Then, beginning with the following year (2005), the feds stepped in with the Tobacco Transition Payment Program (TTPP). A program that paid nearly $9.6 billion to farmers for the lost value of their marketing quotas over a ten-year period. Also, with the low costs guest workers and the benefit of federal export assistance, the industry has gained a world of new consumers through exporting. For those health conscious consumers, tobacco now qualifies for certification under the USDA’s National Organic Program (NOP).

As well, according to a recent report by the Federal Trade Commission (FTC), in 2012, tobacco companies spent $9.6 billion marketing cigarettes and smokeless tobacco in the United States alone. An amount of about $26 million each day, or more than $1 million an hour. Not to mention federal funds at work to assist in identifying medicinal uses for tobacco.

It may appear the relationship between tobacco farming and the government makes no sense, but it actually makes an awful lot of cents. In 2014 alone, federal revenue from tobacco tax amounted to $15.56 billion dollars. Projections through 2020 show an anticipated $157.12 billion into government coffers (no pun intended). American tobacco farming is a windfall tax source for the federal government.

In summary, tens of thousands of agriculture guest workers are designated to work in tobacco while food products go unharvested. The government spends billions to burn food for fuel in its failed ethanol experiment. We have an unprecedented amount of illegal immigration due to a broken system. It goes to show, even a practical program, as is the H-2A visa, government involvement inevitably distorts the original intent.

– See more at: http://environmentblog.ncpa.org/tobacco-top-user-of-agriculture-guest-worker-h-2a-visa-program/#sthash.NEBzRYdh.dpuf

Benificiary of Billion Dollar Green Fuels Program Files for Creditor Protection

01 Tuesday Dec 2015

Posted by in Energy & Environment, Ethanol, Government, Renewable Fuels Mandates, Spending, Uncategorized

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The Environmental Protection Agency (EPA) has released its final ruling on blend volumes of renewable fuels for the calendar years 2014, 2015 and 2016. The challenge for the EPA is the lack of advanced biofuels to meet obligated minimum levels. The Energy Independence and Security Act of 2007 (EISA), mandates an increasing blend of renewable products into our domestic fuel supply. The Renewable Fuel Standards (RFS) provisions require non-food based cellulosic biofuels to be increasingly introduced into commercial gasoline. Called “2nd generation”, cellulosic ethanol, unlike 1st generation corn-ethanol, is derived from wood chips, grasses, co
rn cobs and other biological material.

The problem is the congressionally mandated product is simply nonexistent. Industry discussions, analytical reviews, and organizational rationalizations toss out phrases such as immature technology, steep learning curve, and of course more federal funding. The issue is complicated, yet, not cAbengoa5omplicated.

Producing 1st generation ethanol is much simpler than taking a cellulosic material and transforming it into a viable fuel source suitable for commercial use. Of course, we all knew this going into the program. Unfortunately, after pouring billions of dollars into this boondoggle we have done nothing more than successfully proven cellulosic ethanol is not a practical endeavor.

Even more so, with one of only four cellulosic ethanol production plants possibly set to shut its doors, Abengoa, a Spain-based sustainable energy development company, has filed for creditor protection one day before Thanksgiving, and less than a week before the EPA is expected to release the blend levels of renewable fuels. After the U.S. taxpayers invested billions of dollars towards the building of a massive biofuel facility, not to mention the world’s largest solar farm and wind farms, the company is teetering like a giant, green energy Jenga tower.

Abengoa is an international, mega-corporation founded in 1941. Its near certain investment losses to taxpayers’ dwarfs those of the Solyndra fiasco. Aside from perks and discounts for federal land use, employment credits and special tax incentives a quick search discloses only some of the federal dollars pumped into Abengoa and yet we still have no 2nd stage biofuels to meet program goals.

  • $1.45 billion loan guarantee to Abengoa Solar, Inc. for construction and the start-up of solar energy plant in Solana, AZ — 2010
  • $1.2 billion loan guarantee to Mohave Solar, LLC. for the construction & start-up of Mohave Solar Project plant in San Bernardino County, CA. — 2011
  • $133.9 million loan guarantee for biofuel plant Hugoton, KS — Department of Energy – 2011
  • $97 million federal grant, Hugoton, KS — Department of Energy — 2011
  • $4.03 million in grants and federal contracts for 2015 alone

Beyond the amounts presented here, millions more U.S. dollars have rolled into Abengoa and its many subsidiaries. With its announcement in Spain yesterday and today being Thanksgiving, American stock values for the company have not yet reacted. The protection filing gives the company four months to find a solution before creditors can force a full bankruptcy. But, many employees of U.S.-based projects may still be unaware.

It is likely by the end of next week, Abengoa will be a household name. The failure of Abengoa, along with the failure of the Renewable Fuels Standard program, will hit jobs, stock values, the banks and the federal budget. All this, and we still have no cellulosic ethanol to meet the mandates of the Renewable Fuels Standard.

– See more at: http://environmentblog.ncpa.org/beneficiary-of-billion-dollar-green-fuels-program-files-for-creditor-protection/#sthash.qohzKCLr.dpuf

Original publication date: November 30, 2016

USDA and States to Spend $210 Million on Fuel Pumps

04 Wednesday Nov 2015

Posted by in Agency, Energy & Environment, EPA, Ethanol, Government, Renewable Fuels Mandates, Uncategorized

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On May 29th, the United States Department of Agriculture (USDA) announced $100 million in grants offered through their Biofuel Infrastructure Partnership (BIP) program. According to Secretary of Agriculture Tom Vilsack, the move is to make renewable fuel options more available to American consumers. The program is a 1:1 partnership with states to build fueling stations and purchase blender pumps for E15 and higher. The preliminary spending tally estimates $210 million for 5,000 pumps at 1,400 fueling stations in 21 states.Blenderpumps

This latest money toss is yet another multi-million dollar outlay resulting from the Renewable Fuel Standard (RFS), as mandated by the 2007 Energy Independence and Security Act (EISA). The mandate requires gasoline to be blended with renewable fuel sources at incremental increasing levels.

The original RFS mandated level was 10% ethanol or E-10. The next mandated level, 15% ethanol or E-15, is a blend level the ethanol or E-10. The next mandated level, 15% ethanol or E-15, is a blend level the EPA labels to be used only in Flex-fuel passenger vehicles, model years 2001 gascapand newer. The label goes on to state, “Do not use in other vehicles, boats, or gasoline-powered equipment. It may cause damage and is prohibited by Federal law”. Still, the EPA wants to make even higher blend levels available, even if that means taxpayers are to fund the necessary infrastructure.

Unlike the traditional pumps where a consumer makes the fuel choice of diesel, unleaded, or octane levels, the government has decided to fund blender pumps offering a choice between ethanol or, even more ethanol. Even though the overwhelming preference of consumers, environmentalist, economists, most ag sectors, and automakers is E-0, an option not found on the new pumps.

Though extensive studies with science-based evidence prove the damage ethanol contributes to the environment and engines, along with the real damage to a market-based economy, federal agencies continue to dig deeper into the ethanol quagmire. Even the Government Accountability Office (GAO) found the RFS costs outweighed its benefits and criticized the EPA’s economic analysis of the RFS as intentionally misleading. In a 2014 report to Congress, the GAO exposed the agency’s false reporting of the program’s costs stating, “EPA estimated net benefits of the mandated volumes ranging from $13 to $26 billion.” However, the EPA did not include the infrastructure costs (such as this latest $100 million) in their calculations. An expense the EPA estimates to total an astounding $90.5 billion.

– See more at: http://environmentblog.ncpa.org/usda-and-states-to-spend-210-million-on-fuel-pumps/#sthash.2OaslViA.dpuf

Gold King Mine an EPA Superfund Site

18 Tuesday Aug 2015

Posted by in Energy & Environment, EPA, Uncategorized

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On Tuesday, August 11, 2015, the Environmental Protection Agency (EPA) released an Emergency Response Statement to a massive pollutant spill in Colorado. According to the agency, EPA contractors caused the accidental breach. As a result, contaminated water flushed from the long abandoned Gold King Mine into Cement Creek, a tributary of the Animas River. The following day, EPA released another statement to explain early reports of a much smaller spill. Following efforts by the U.S. Geological Survey to measure flow rate, the volume of lead, acidic toxins, and heavy metal-laden water was determined to be over three million gallons.

Additionally disturbing was the failure of the EPA to inform the state governors of the spill. “The EPA is not communicating openly with the state of New Mexico,” said Governor Susana Martinez to Fox News. “It took them about a little less than twenty-four hours before they even told us.” In fact, she goes on to explain that it was the Southern Ute Indians that notified her office and criticized the EPA for not revealing exactly what the toxins are.

To farmers, industry, and small business the EPA has the well-established reputation of intimidation and tyrannical authority. The enforcement section of their web page offers thousands of criminal prosecutions, a majority of them settled by a guilty plea. Comparable percentages in the criminal justice system are unattainable. Simply, the justice system requires the government to prove a person guilty while EPA’s system leaves little opportunity for one to even attempt to prove themselves innocent.

For example, Washington state dairyman Roger Bajema pled guilty to permitting wastewater discharge. His plea finally came three years after EPA inspectors took a sample of soil from a drainage ditch. Mr. Bajema acknowledges the ditch had a broken rain water pipe used to move run-off from barn roofs to a holding pond. Broken pipe aside, the family believes he was “targeted”. The farmer had attended an EPA informational forum the day before the inspection. Mr. Bajema spoke, voicing his displeasure with the heavy-handed presence of the agency in his community. The following day, while he worked to repair the cracked water pipe, EPA officials arrived at his farm and began inspecting and sampling. After three years of threats of fines for up to $37,000 a day, he finally learned of the results of the samples in a highly dramatized press release.

The EPA earned a $7,500 penalty for the three-year assault on the Bajema family dairy farm. A large sum of money for a small operator, but a mere pittance to EPA coffers. In 2014 alone, under Civil Enforcement Monetary Commitments, the agency raked in $9,738,000,000 (rounded up to the nearest hundred million) in court ordered Injunctive Relief. They received another $135,000,000 (give or take) in other penalties. In addition, under Superfund Cleanup Enforcement they realized $601,000,000 (thereabouts) and another $63,000,000 in Criminal Enforcement Fines (Environmental Protection Agency [EPA], 2015). This to an agency with a 2015 enacted budget of over $8.1 billion and a workforce of over 15,000.

Still, the EPA is responsible for violating the 1972 Clean Water Act (CWA), the very law it is tasked with enforcing. According to 33 U.S.C §1251 et seq. (1972), the CWA makes it, “unlawful to discharge any pollutant from a point source into navigable waters” (EPA, 2015, para. 3). Mr. Bajema was penalized $7,500 and humiliated in his community for the charge of “potential” to pollute. As a result of the stress, he has sold the cows and closed his operation. Will the EPA suffer a similar punishment? It isn’t likely.

The superpower agency may have already begun working on a way to spin their failure. The EPA website shows the Upper Animas Mining District in Silverton, Co as a Region 8 Superfund site although not on the National Priority List (NPL). It is clear the EPA was aware of the issue for decades. However, a recent Associated Press (AP) news article blames the local community for standing in the way thus contributing to EPA’s failure to take action. This “it’s not our fault” approach to the disaster is not a defense Mr. Bajema offered.

Six days after the spill EPA Administrator Gina McCarthy stated, “It pains me to no end to see this happening”. As well, at an event in Washington D.C. she said the EPA is taking full responsibility and when pressed by a reporter said, “I am absolutely sorry this ever happened“. This may be the closest we get to an apology. It pains us all, but where is the accountability? Are we to believe the zero tolerance attitude of EPA enforcement will result in an equal penalty, punishment, and public humiliation as suffered by other offenders? Or, like the General Services Administration (GSA), Internal Revenue Service (IRS), and the Veteran’s Administration (VA) the EPA will go on and suffer no consequences.

– See more at: http://environmentblog.ncpa.org/gold-king-mine-an-epa-superfund-site/#sthash.CSOnq7xS.dpuf