Unica Opposition To Rfs-2 Comment Extension

June 23, 2009

VIA ELECTRONIC MAIL

Environmental Protection Agency Air and Radiation Docket and Information Center Mailcode 2822T 1200 Pennsylvania Avenue, NW Washington, DC 20460 Recommendation Against Extension of Comment Period Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program Docket EPA-HQ-OAR-2005-0161 To Whom It May Concern: The Brazilian Sugarcane Industry Association (“UNICA”) urges the Environmental Protection Agency (“EPA”) not to extend the comment period for the proposed rule implementing changes to the Renewable Fuel Standard program (the “RFS2 Proposed Rule”). See Notice of Proposed Rulemaking, Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program, 74 Fed. Reg. 24903 (May 26, 2009). UNICA is the largest organization representing sugar, ethanol, and bioelectricity producers in Brazil. UNICA members are responsible for more than 50% of all ethanol produced in Brazil and 60% of overall sugar production. UNICA’s priorities include serving as a source for credible scientific data about the competitiveness and sustainability of sugarcane ethanol. The association works to encourage the continuous advancement of sustainability throughout the sugarcane industry and to promote ethanol as a clean, reliable alternative to fossil fuels. In fact, gasoline is now alternative fuel in Brazil, with sugarcane ethanol using about 1% of Brazil’s arable land and reducing greenhouse gases (“GHG”) by 90% compared to conventional gasoline. Moreover, as a result of our innovative use of ethanol in transportation and biomass for power cogeneration, sugarcane is now the number one source of renewable energy in Brazil, representing 16% of the country’s total energy needs. And this industry is expanding existing production of renewable plastics and, with the help of innovative companies here in the United States, soon offering bio-based hydrocarbons that can replace carbon-intensive fossil fuels. Some entities have requested that EPA extend the 60-day comment period on the RFS2 Proposed Rule. Because the existing comment period is sufficient and because we believe Brazilian Sugarcane Industry Association (UNICA) • 1711 N Street NW • Washington, DC 20036 Phone +1 (202) 506-5299 • Fax +1 (202) 747-5836 • [email protected] • www.unica.com.br/EN

UNICA Recommendation Against Extension of Comment Period

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changes to this important program that incorporate critical renewable resources such as sugarcane should be implemented without delay, UNICA and its members respectfully request that EPA deny these requests and the comment period not be extended. In addition to a public comment period, EPA has provided members of the public the opportunity to testify at EPA’s hearing on June 9, 2009, and to participate in EPA’s workshop on the proposed lifecycle GHG analysis on June 10-11, 2009. At the workshop, EPA explained its proposed lifecycle analysis, identified major issues, and heard from panels of experts and interested parties. UNICA representatives attended the hearing and workshop and expressed our concerns that some of the methodologies used, particularly as it related to the indirect land use change calculations, needs to be updated and based on the best available data and latest research. At these events and in congressional testimony, however, EPA demonstrated that it has been working hard to advance its approaches to the RFS2 program and to find the most reasonable methodology and assumptions for calculating the GHG emissions impacts of fuels for the final rule. UNICA believes 60 days provides sufficient and adequate opportunity for interested stakeholders to provide their input on EPA’s proposal and that, with this input, EPA will be well positioned to finalize regulations implementing changes to the renewable fuel standard program without delay. In contrast, extending the comment period would make it more difficult for EPA to begin implementing the RFS2 regulatory program on January 1, 2010, as proposed. The program, which is mandated under the 2007 Energy Independence and Security Act, will help the United States increase its use of renewable fuels and, in turn, reduce its dependence on foreign oil and lower GHG emissions. See The White House Office of the Press Secretary, President Obama Announces Steps to Support Sustainable Energy Options, Departments of Agriculture and Energy, Environmental Protection Agency to Lead Efforts (May 5, 2009). For these reasons, UNICA respectfully requests that the comment period not be extended. The association looks forward to submitting its comments on the proposed rule during the 60-day time frame and to communicating further with EPA about this important program.

Respectfully Submitted,

Joel Velasco Chief Representative - North America