Biogenic CO2 Coalition Requests Rulemaking Addition to EPA’s Agenda

Apr 15, 2021

The Coalition urges EPA to take prompt action to spur economic growth and create green jobs in rural America

WASHINGTON, DC – The Biogenic CO2 Coalition, a working group of leading trade associations that support American agriculture, today sent a letter to Environmental Protection Agency (EPA) Administrator Michael Regan requesting that a rule to recognize that biogenic carbon emissions from agricultural crops do not contribute to elevated greenhouse gas levels in the atmosphere be added to EPA’s 2021 Spring Regulatory Agenda.

In September 2020, The Biogenic CO2 Coalition filed a petition for rulemaking with the EPA, providing a detailed explanation of the scientific and legal basis for a de minimis standard for biogenic CO2 from agricultural crops. That petition includes building blocks on which a rulemaking could be quickly promulgated: legal and scientific justification for regulatory action, an analysis demonstrating that the rule would not have adverse land-use change impacts, and an economic impact analysis demonstrating the significant economic benefits of this proposed reform.

By including this rulemaking in the 2021 Spring Regulatory Agenda, the EPA would help spur economic growth in rural communities across America. A new regulation would stimulate investment, create green jobs, and encourage growth in renewable products. A rule revision could incentivize production of sustainable alternatives to petroleum-based plastics, help reduce greenhouse gas emissions, and grow the American bioeconomy by enabling American farmers and businesses to fairly compete in the international marketplace for renewable products.

In alignment with the aforementioned scientific review, a group of 21 leading scientists recently wrote a letter to the EPA asserting that is it imperative the Agency act swiftly to adopt a rule that recognizes the de minimis character of emissions from annual crops.

Implementing this rulemaking has support on both federal and state levels. Last year, a bipartisan of U.S. Representatives sent a letter to the EPA requesting regulatory clarity for annual farm crops, while a bipartisan group of 18 Senators also pressed the EPA for swift action on this issue in a letter. A group of five Governors have also urged the agency for action on the same issue.