The Biden administration plans a thorough review of recent EPA decisions involving the federal mandate to mix corn ethanol and other biofuels into gasoline, said Michael Regan, the White House nominee to run the agency. “The RFS is definitely a priority for this administration,” Regan said at a Senate confirmation hearing on Wednesday.
Praised as a consensus builder as secretary of North Carolina’s Department of Environmental Quality, Regan repeatedly told senators that it was vital to understand all sides of an issue: “You must be willing to put yourself in other people’s shoes.”
“The best way to do that is by convening stakeholders — where they live, where they work, and where they serve — fostering an open dialogue rooted in a respect for science, a clear understanding of the law, and a commitment to building consensus with pragmatic solutions,” he said. “I’ve also learned that we can’t simply regulate our way out of every problem we face.”
If confirmed, which is all but certain, Regan would confront a handful of biofuel issues immediately. The Trump administration did not set a Renewable Fuel Standard target for this year, partly because of uncertainty about recovery from the pandemic. The EPA has to rule on several pending requests from small refineries for RFS exemptions and respond to letters from half a dozen governors asking the EPA to retroactively reduce the RFS for 2020 because of the steep decline in fuel consumption due to stay-at-home orders.
“There’s a lot going on in this space. … EPA really does need to step in and provide guidance,” said Sen. Joni Ernst of Iowa, the No. 1 corn and ethanol state. Ernst was one of four senators, two from the Midwest and two from oil states, who wanted an early reading of EPA intentions. The oil industry says the RFS saddles refiners with undue expenses; midwesterners say the homegrown fuel is an important part of the rural economy.
“I recognize there will be a number of things sitting on the desk if I’m fortunate to be confirmed,” said Regan after telling Ernst that the RFS was a priority issue. “We plan to do a thorough review of all the decisions that fit under the umbrella of the RFS. But we don’t plan to do that without consultation with you and other stakeholders that will be impacted by those decisions. What I can promise you is we will take a no-surprises approach.”
Oklahoma Sen. James Inhofe suggested that Regan should wait for a Supreme Court decision before ruling on RFS exemptions requested by refineries. The ethanol industry says the EPA should abide by a year-old appellate court decision that would greatly restrict the use of these so-called “hardship” waivers.
Illinois Sen. Tammy Duckworth accused the Trump administration of “a cynical betrayal of the Midwest” by granting dozens of RFS waivers. “My constituents … remain optimistic that the Biden administration will be a staunch champion of our farmers and American biofuels,” she said.
“We will let science lead us, and we will follow the letter of the law as it is intended for that program,” responded Regan. “President Biden has not been shy that agriculture will have a seat at the table as we tackle climate [change]. He has been specifically focused on biofuels and advanced biofuels.”
Also during the hearing, Regan said he would appoint an agriculture adviser. When asked by New Jersey Sen. Cory Booker if he would commit to protecting farmworkers from dangerous pesticides, he replied, “Absolutely.”
To watch a video of the confirmation hearing, click here.