November 17, 2020

The Honorable Andrew Wheeler Administrator US Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20460

Re: Biogenic Carbon Emissions from Agricultural Crops

Dear Administrator Wheeler:

As governors of major agricultural states, we urge the Environmental Protection Agency (EPA) to take prompt action to promulgate a rulemaking recognizing the de minimis character of biogenic carbon emissions from the processing and use of agricultural crops. EPA is the only regulatory authority in the world that neglects to distinguish between biogenic carbon emissions and those from fossil fuels. The failure to correct this erroneous policy is harming our agricultural communities and affecting our efforts to expand our states’ biobased industries.

On September 9, the Biogenic CO2 Coalition, representing 11 national agricultural trade associations, submitted a petition for rulemaking to EPA that provides a detailed explanation of the scientific and legal basis for this change. By clarifying the insignificant nature of biogenic carbon emissions from agricultural crops, EPA can open the door for increased production of sustainable, plant-based products and materials with a wide range of environmental benefits in the United States. Expanded production of plant-based products and materials promises to substantially reduce greenhouse gases, improve water quality, divert waste from landfills, and augment soil health.

EPA’s regulatory policy concerning agricultural crops disadvantages our states and America’s biobased producers — giving foreign producers a significant advantage. According to USDA’s analysis, the nation’s bioeconomy generates $459 billion in economic activity, and provides 4.6 million American jobs. However, other countries have a substantial competitive advantage for construction, modernization and improvement of facilities. Data shows the disappointing results for the U.S. Between 2014 and 2019, North America’s share of the global bioplastics market grew from 14% to just 18%, while Europe’s share increased from 15% to 25%. This despite the U.S.’s position as a global leader in agricultural production.

Rural communities must have the ability to develop new opportunities for growth, especially when traditional markets are uncertain and declining in the midst of a pandemic. Farmers and producers are ready to use their agricultural abundance to provide high-quality, competitive crop-derived consumer products and materials. We respectfully request that as soon as possible EPA promulgate a rulemaking recognizing the de minimis character of biogenic emissions from agricultural crops as international and national agencies have already done. Thank you for your consideration of our request.

Sincerely,

Kim Reynolds of Iowa Governor of Nebraska Governor of Arkansas

Laura Kelly Michael Parson Governor of Governor of Missouri

cc: The Honorable Sonny Perdue, Secretary of Agriculture