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EPA has formally proposed to extend 2019 RFS compliance deadlines for small refineries, following up on an announcement by Administrator Andrew Wheeler before the March 2020 deadline. Only small refineries would receive the 2019 extension; the new compliance deadline would be November 30, 2021. EPA also proposes to extend the 2020 RFS compliance deadline for all obligated parties to January 31, 2022. The attest engagement deadline under the proposal for both years would fall on June 1, 2022. EPA has scheduled a virtual public hearing on this proposal for Tuesday February 9,...

2021 Legislative Session Commences The Kansas legislature gaveled in on Monday, January 11, 2021, and your association’s government affairs staff was at the capitol monitoring and weighing in on bills affecting our industry. It was a busy week in Topeka which saw the swearing in of new members following the 2020 elections, a virtual State of the State address by Governor Laura Kelly, and the introduction of many new bills. Heading into the session, several controversial issues have been gearing up for prime time. The Senate started off quickly out of the gate, passing...

Renew Kansas Biofuels Association has been working toward amending Kansas and Missouri regulations and State Implementation Plans (SIPs) to allow for year-round sales of E15 fuel in Kansas City. The Kansas low RVP removal SIP proposal for the Kansas City area will publish in the Federal Register on Tuesday, January 19th. The comment period on the Missouri proposal closes on Friday, January 22nd. To date, EPA has received no comments on the Missouri SIP proposal. Forecast: EPA will review any public comments received, and should then issue its approval to amend the SIPs. Kansas...

Following multiple conversations with Renew Kansas Biofuels Association staff newly sworn in Senator Dr. Roger Marshall (R-Kansas) coordinated and sent a letter to United States Environmental Protection Agency (USEPA) Administrator Andrew Wheeler urging against small refinery exemptions. Marshall, a longtime supporter of the biofuels industry, noted the harm granting small refinery exemptions would cause to biofuel processing plants and producers in the Midwest. "Ethanol and biodiesel plants that are already struggling to cope with the economic fallout of the COVID-19 pandemic are at risk of closing their doors, cutting off key markets...

Governor Laura Kelly has announced the five-phase distribution order of COVID-19 vaccines for population groups in Kansas. In early December, Renew Kansas Biofuels Association organized a coalition of 14 agriculture-related organizations and led efforts of sending a letter to Kelly and Kansas Secretary of Agriculture Mike Beam emphasizing prioritizing distribution of COVID-19 vaccines among front-line agricultural employees behind the obvious top-tier recipients. ”These COVID-19 vaccination phase groups were created using guidance from national and state public health experts and with input from the Kansas Coronavirus Vaccine Advisory Council, or COVAC, which represents a...

The U.S. Department of Labor today announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). Sharpening the test to determine who is an independent contractor under the FLSA makes it easier to identify employees covered by the Act, while recognizing and respecting the entrepreneurial spirit of workers who choose to pursue the freedoms associated with being an independent contractor. The Final Rule includes the following clarifications: Reaffirms an “economic reality” test to determine whether an individual is in business for him or herself (independent contractor)...

Renew Kansas Biofuels Association has been working toward amending Kansas and Missouri regulations and State Implementation Plans (SIPs) to allow for year-round sales of E15 fuel in Kansas City. EPA Region 7 Administrator Jim Gulliford reported this morning on WIBW's Ag Issues program he fully expects E15 to be available for the 2021 summer driving season in Kansas City. A link to the entire interview is available via the button below. The Kansas City E15 segment occurs at the 9:20 - 10:30 mark. Update: The final revocation of KDHE regulation (K.A.R. 28-19-719)...

On Friday, Dec. 4, Renew Kansas Biofuels Association organized a coalition of 14 agriculture-related organizations and led efforts of sending a letter to Governor Laura Kelly and Kansas Secretary of Agriculture Mike Beam emphasizing prioritizing distribution of COVID-19 vaccines among agricultural employees. The National Academies of Science (NAS) and the Centers for Disease Control (CDC) independently determined front line agricultural workers are essential to the economy and recommended prioritizing these workers behind health care professionals and other vulnerable individuals. The letter requested Governor Kelly and Secretary Beam follow the CDC &...

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) released an interim final rule on the definition of agricultural commodity for use in determining which agricultural products are eligible to be hauled under the agricultural exemption to the hours-of-service (HOS) rules for truck drivers. Because of the agricultural exemption, HOS regulations do not apply to the transportation of agricultural commodities by truck drivers operating completely within the 150 air-mile radius. Therefore, work and driving hours that occur within 150 air-miles of the source of the origin are not...

Governor Laura Kelly has announced several new plans to combat the spike in COVID-19 cases, among them a statewide face-covering protocol. This order allows counties one week to create their own version of a mask ordinance or they will automatically come under the governor’s face mask requirements. However, they can still opt out of the order under state law. “As COVID-19 continues to spread through Kansas communities and hospitalizations increase at concerning rates, it is clear we must take action to protect our communities and our economy,” Governor Laura Kelly said. “Today’s actions...

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