A bipartisan group of 11 senators on Sept. 18 sent a letter to U.S. EPA Administrator Michael Regan expressing disappointment that the agency has failed to finalize proposed regulations that would allow eligible sources of biogas-based electricity to participate in the Renewable Fuel Standard. The RFS Power Coalition is applauding the senators for their work to advocate for the eRIN proposal. 

Within its proposed RFS “set” rule, released in December 2022, the EPA included eRIN provisions that would have allowed electric vehicle (EV) manufactures to generate electric renewable identification numbers (eRINs) based on the light-duty electric vehicles they sell by establishing contracts with parties that produce electricity from qualifying biogas. Representatives of the U.S. biogas and biofuel industries lobbied against this approach, arguing that biogas electricity producers are the parties that should generate eRINs—in line with how liquid biofuel producers generate renewable identification numbers (RINs) under the RFS.

The EPA elected not to finalize the eRIN provisions when it issued the final RFS “set” rule in June 2023. In that rule, the EPA said that stakeholder positions on the proposed rule’s eRIN provisions varied greatly, with some stakeholders strongly supportive of the proposed provisions, some who sought significant modifications to the program while remaining broadly supportive of eRINs conceptually, and others who opposed moving forward with any type of eRIN framework. “In light of the significant number of comments provided by stakeholders on EPA’s proposed eRIN approach, and the complexity of many of the topics raised in those comments, and the consent decree deadline on other portions of the rule, we are not finalizing the proposed revisions to the eRIN program at this time,” the EPA said the final rule. 

“Given strong stakeholder interest in the proposed eRIN program and the range of potential benefits that the program could provide, EPA will continue to work on potential paths forward for the eRIN program,” the agency added within the rule. “To that end, EPA will continue to assess the comments received on the proposal. EPA will also seek additional input from stakeholders to inform potential next steps.”

The EPA has yet to take any additional actions regarding a proposed eRIN program. 

In their Sept. 18 letter, the senators expressed disappointment the EPA has failed to finalize the eRIN program. The letter urges the agency to action to allow eligible biogas electricity to begin participating in the RFS in 2024 and begin work to approve other eligible renewable electricity feedstocks.

The letter also addresses public comments that argued against components of the EPA’s proposed eRIN program that would have allowed EV manufacturers to generate eRINs. “In response to EPA’s proposed rule in December of last year, some stakeholders argued that EPA does not have the authority to designate a specific eRIN generator,” the senators wrote. “Since the inception of the RFS regulations implementing EISA in 2010, EPA has provided that producers of liquid renewable fuels generate RINs and that producers, marketers, or end users of gaseous and electric renewable fuels may generate RINs. In its 2014 rule, EPA reinforced this position by providing that producers, marketers, and end-users of electricity could generate eRINs. Neither Congress nor any other party objected to EPA’s authority to issue these rules at that time. To the contrary, the recent introduction of bills designed to amend the RFS statute to prevent the designation of a specific eRIN generator indicates that Congress is aware that to do so is fully within EPA’s existing authority.”

The senators point out that the EPA has provided stakeholders with multiple opportunities to comment on the appropriate structure of an eRIN program as part of various public comment periods that were open in 2010, 2014, 2016 and 2022. “Accordingly, EPA has a clear basis for making any changes it deems necessary and finalizing its recently proposed framework to expeditiously integrate eRINs into the broader RFS program,” they wrote. 

“In EPA’s own estimation, the eRINs program would result in meaningful greenhouse gas emissions reductions across the transportation industry by supporting the transition to electric vehicles,” the senators continued. “It would also incentivize investments in new biogas capture and electricity production at existing solid waste, agricultural, and other organics processing facilities across the United States, resulting in a significant reduction of methane emissions. By extension, an eRINs program will also support jobs at such facilities while contributing to the strengthening of the economy and energy independence. Facilitating the inclusion of other biomass feedstocks in the near future would expand these benefits further, supporting the forest economy and municipal infrastructure investments. 

“Any further delay introduces unnecessary risk and jeopardizes billions of dollars that could be invested in accelerating electric vehicle adoption and new low carbon electricity production,” they added. “For these reasons, we urge EPA to act expeditiously to finalize its proposed eRINs program before the end of September, and begin approving registration applications to allow for eRIN generation in 2024.”

The RFS Power Coalition has announced strong support for the letter. “An eRINs program is critical to accelerating our response to climate change because not only does it incentivize practices on farms and at landfills that reduce greenhouse gas emissions and produce tangibly positive environmental impacts, but it also supports the growth of renewable energy industries that will be central to achieving our nationwide climate goals,” said Patrick Serfass, executive director of the American Biogas Council.

“Electric vehicles are the present and the future of transportation and we can’t afford to continue delaying the implementation of eRINs,” said Carrie Annand, executive director of the Biomass Power Association. “The eventual approval of biomass feedstocks will keep facilities open and will assist the U.S. Forest Service in reducing the risk of catastrophic wildfires. EPA needs to act as soon as possible, and we are grateful to the signers of the letter for agreeing with us.”

The letter is signed by Sens. Jeanne Shaheen, D-N.H.; Sherrod Brown, D-Ohio; Susan Collins, R-Maine; Richard Blumenthal, D-Conn.; Tim Kaine, D-Va.; Mark Kelly, D-Ariz.; Angus King, I-Maine; Alex Padilla, D-Calif.; Kyrsten Sinema, I-Ariz.; Debbie Stabenow, D-Mich.; and Mark Warner, D-Va. 

A full copy of the letter is available on Shaheen’s website.