Legal and Policy
Issues Affecting
Biofuel Development
David J. Glass, Ph.D.
D. Glass Associates, Inc.
6th Annual Biofuels Law and Regulation Conference
May 2, 2014

Overview
 US Renewable Fuel Standard
 Other Renewable Fuel Policies
 Ethanol “Blend Wall”
 R&D Policies
 Financial Policies
 International Trade Harmonization
 Biotechnology Policies

US Renewable Fuel
Standard
 Ensure the stability of the RFS and its policies.
 Expedite, streamline RFS pathway reviews
(e.g. current EPA 6-month initiative); increase
staffing for RFS program?
 Assistance or exemptions for small businesses
in completing RFS paperwork (e.g. pathway
petitions, facility registrations).
 Create viable, reliable RIN validation schemes
to avoid RIN fraud.

Other Renewable Fuel
Policies – U.S.
 Ensure continued enforcement of California LCFS:
• Overcome pending court challenges.
• Adopt sensible amendments to petition process.
 Extend Oregon LCFS “sunset provision” and move
to full implementation.
 Expand LCFS and renewable portfolio laws to
other states and regional alliances.
 Adopt favorable policies for carbon capture,
biogenic carbon, under GHG emission regulations.

Other Renewable Fuel
Policies -- International
 Ensure continued enforcement of EU RED with
sensible amendments to promote advanced
biofuels.
 Encourage consistent, broader, international
mandates for E10, B5 or B10, etc.

Ethanol “Blend Wall”
 Adopt state legislation to guarantee that E15 can be sold;
block state bills that would prohibit sale of blends > E10.
 Adopt programs that allow/encourage infrastructure for E85
and other high ethanol blends – provide grants, tax breaks
for assistance to retailers to improve infrastructure.
 Adopt policies mandating use of alternative fuels and high
ethanol blends in captive government fleets.
 Ensure that automobile and other engines can utilize higher
ethanol blends; eliminate confusion over engine
compatibility; enhanced consumer education about higher
ethanol blends.
 Provide incentives to promote use and sale of alternative
fuel vehicles.

R&D Policies
 Provide greater availability of research funds,
particularly for later stage research.
 Provide research funding dedicated to bridging the
“gap” between research and commercialization.
 Avoid pigeonholing technologies, make grants
more technology-neutral and not biased towards
any particular technology.
 Reduce paperwork associated with government
grant applications.

Financial Policies
 Restore biodiesel, advanced biofuel tax credits: federal and state
levels.
 Ensure broader availability of financial support, loan guarantees,
Master Limited Partnerships, etc. for process scale-up and plant
construction.
 Provide more robust offtake agreements – longer duration, greater
access – under Defense Production Act and otherwise.
 Provide offtake agreements for captive fleets (e.g. government
vehicles).
 Level the playing field re: fossil fuels – abolish US subsidies for
fossil fuels; acknowledge that even food-based biofuels have
superior carbon footprints than fossil fuels.

International Trade
Harmonization
 Eliminate trade barriers such as EU tariffs – facilitate
ability to sell product anywhere in the world (balanced
against legitimate concerns of protecting local
markets).
 Other efforts to facilitate access to overseas markets,
ability to build and finance plants overseas –
assistance from U.S. Department of Commerce, USDA,
etc.?
 Provide assistance in compliance with applicable
regulations in countries where plants are planned.

Biotechnology for Advanced
Biofuels
 Improve or streamline biotechnology regulations that
govern use of GMOs in contained manufacturing of
fuels.
 Provide a regulatory framework for field testing and
commercial cultivation of transgenic plant feedstocks
that distinguishes such uses from more controversial
reviews of food-producing plants.
 Promote international harmonization of biotechnology
regulations.
 Broader availability of research funding and other
financial support to promote uses of biotechnology in
biofuels throughout the world.

Questions, Discussion?
David J. Glass, Ph.D.
D. Glass Associates, Inc.
124 Bird Street
Needham, MA 02492
617-653-9945
dglass@dglassassociates.com
www.dglassassociates.com