Clean Fuels, EPA agree to pause litigation on separated food waste recordkeeping

Clean Fuels members that utilize used cooking oil as feedstock for biobased diesel production demonstrated harm from new EPA recordkeeping requirements.

Clean Fuels Alliance America and the U.S. Department of Justice filed a joint motion Sept. 8 with the U.S. Court of Appeals for the D.C. Circuit concerning Clean Fuels Alliance America v. EPA, a suit in which Clean Fuels challenges new recordkeeping requirements for biodiesel and renewable diesel producers who use separated food waste, such as used cooking oil, as a feedstock.

The parties agreed to put the case in abeyance through Nov. 30 while Clean Fuels and its members continue working with U.S. EPA to develop practical compliance options for biodiesel and renewable diesel producers.

The appellate court granted Clean Fuels’ motion Aug. 11 to sever the dispute from the RFS Power Coalition case, a consolidated group of challenges to EPA’s final 2020 Renewable Fuel Standard rule.

Clean Fuels sought this action because EPA had failed to revise the new separated food waste requirements in the rewritten 2020 RFS rule and because Clean Fuels’ members demonstrated harm from the new requirements.

When the Court granted Clean Fuels’ motion for severance, it put the case on a track for quicker resolution.

EPA and Clean Fuels members have been working to develop alternative methods for biodiesel and renewable diesel producers to meet the new recordkeeping requirements.

“We appreciate EPA’s willingness to meet with our members, listen to the issues they faced in complying with the new recordkeeping requirements, and work cooperatively to help our members meet the requirements,” said Kurt Kovarik, vice president of federal affairs for Clean Fuels. “Biodiesel and renewable diesel are the cleanest low-carbon fuels on the market today. Along with the RFS program, they are essential tools in meeting the nation’s climate goals.”

Biodiesel and renewable diesel reduce carbon emissions by more than 70 percent on average, compared to petroleum diesel.

Made from an increasingly diverse mix of resources such as recycled cooking oil, soybean oil and animal fats, the clean-fuels industry is a proven, integral part of America's clean-energy future.

Clean Fuels Alliance America is the U.S. trade association representing the entire biodiesel, renewable diesel and sustainable aviation fuel supply chain, including producers, feedstock suppliers and fuel distributors.

Clean Fuels receives funding from a broad mix of private companies and associations, including the United Soybean Board and state checkoff organizations.