Senators seek answers from EPA on UCO imports

December 16, 2024

BY Erin Voegele

Sens. Joni Ernst, R-Iowa, Roger Marshall, R-Kan., and four of their colleagues on Dec. 13 sent a letter to U.S. EPA Administrator Michael Regan regarding surging imports of used cooking oil (UCO), much of which comes from China. 

The action follows a letter send in June by several of the same senators to the EPA, USDA, U.S. Trade Representative, and U.S. Customs and Board Protection expressing concern with dramatic increases in UCO imports from China. In the latest letter, Ernst and her colleagues indicate they have not yet received a response from EPA regarding their original inquiry. 

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“In August, EPA announced it was launching an investigation into some questionable renewable fuel imports,” the senators wrote. “While that is a positive step, it is the duty of the EPA to confirm any gallon of renewable fuel generating a renewable identification number (RIN) is from a qualifying feedstock.”

The senators stress that the response they received earlier this year from the CBP makes clear that reliance on tariff classification codes is not sufficient to ensure imported UCO is a qualifying Renewable Fuel Feedstock as those codes do not ensure UCO has not been blended with virgin cooking oil. The senators explain that reliance on tariff classification codes could mean a feedstock mix containing as little as 1% UCO mixed with 99% virgin vegetable oil could be classified as 100% UCO for purposes of the RFS. 

“Without a robust verification process, the credibility of the RFS is at risk, and American farmers are likely missing out on key market opportunities,” the senators wrote. “For example, through August, the U.S. has imported a historic 3.2 billion pounds of UCO in 2024 according to the U.S. Census Bureau. This is enough product to displace approximately 270 million bushels of soybeans1—more than the average annual state production of all soybean-growing states with the exceptions of Illinois, Iowa, Minnesota, Indiana, Nebraska, and Ohio.”

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Within the letter, the senators ask the EPA to respond to several specific questions regarding steps the agency is taking to verify imported UCO used as biofuel feedstock and steps the agency is taking to verify that imported UCO qualifies as an eligible feedstock. 

In addition to Ernst and Marshall, the letter is signed by Sens. Amy Klobuchar, D-Minn.; Pete Rickets, R-Neb.; Jerry Moran, R-Kan.; and Chuck Grassley, R-Iowa. 

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

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