AIWildfire prescribed burn rules and biofuels for ocean vessels

Environmental Permitting and Water InfrastructureSenate Environment and Public Works · 2025-09-10 · 119th Congress
The Senate Environment and Public Works Committee met to examine a discussion draft of the Wildfire Emissions Prevention Act (WEPA), which would ease Clean Air Act rules on prescribed burns, and S.881, the Renewable Fuel for Oceangoing Vessels Act, which would let biofuels used by ocean vessels qualify for Renewable Fuel Standard credits. Begins at 0:15:26
Transcript
Highlights

Title

Wildfire prescribed burn rules and biofuels for ocean vessels

Purpose

The Senate Environment and Public Works Committee met to examine a discussion draft of the Wildfire Emissions Prevention Act (WEPA), which would ease Clean Air Act rules on prescribed burns, and S.881, the Renewable Fuel for Oceangoing Vessels Act, which would let biofuels used by ocean vessels qualify for Renewable Fuel Standard credits. Five witnesses testified on forest management, litigation risk, EPA's exceptional events process, and maritime fuel economics, and senators debated whether WEPA's changes go too far in shifting authority to states. Begins at0:15:26

Who spoke

Chair Shelley Moore Capito (R-WV)0:15:26: Opened by noting wildfires caused 44% of the nation's primary fine particulate emissions in 20240:16:56 and that prescribed burns can cut net wildfire emissions by 14%0:17:27; later detailed S.881's potential to cut particulate matter and hydrocarbons from vessel fuel blends1:20:29 and questioned witnesses on burn certification and EPA delays1:03:151:05:36.

Sen. Sheldon Whitehouse (D-RI), Ranking Member0:20:49: Warned that a wildfire-driven "climate insurance collapse" could cascade into mortgage and housing markets0:21:18; said marine shipping would be the world's sixth-largest carbon polluter if it were a country, producing 9% of global sulfur oxide and 18% of nitrogen oxide emissions0:22:35; pressed witnesses on climate drivers of wildfire and carbon accounting for biofuels0:57:221:02:06.

Johnny Sabo, Georgia State Forester, National Association of State Foresters0:26:02: Testified Georgia treats 1.5 million acres annually with prescribed fire0:28:03 and supports WEPA; said Georgia submitted 129 exceptional-event demonstrations to EPA and has yet to hear back on most1:32:51.

Jonathan Wood, environmental attorney0:30:51: Said the exceptional-events regulation has been successfully used only once in nearly 20 years0:33:22 and that litigation risk adds another deterrent to states pursuing prescribed burns0:56:21.

Kathy Metcalf, Chamber of Shipping of America0:35:56: Said the industry supports S.881 as one piece of a larger decarbonization strategy0:37:18 but cautioned that biofuel engines require specific fuel profiles and biofuels will compete with land-based users for supply0:39:39; said the industry goal is zero emissions by 2050 but decarbonization "is not a light switch"1:07:55.

Abirami Vijayan, Natural Resources Defense Council, senior climate attorney0:41:44: Argued the Clean Air Act's exceptional events program already covers prescribed fire and WEPA is unnecessary0:45:36; warned the bill's state-determination provision lacks safeguards against states declaring numerous exceptional-event days1:13:44.

Nikita Pavlenko, International Council on Clean Transportation0:47:10: Said a similar RFS provision for jet fuel left sustainable aviation fuel below 1% of the market a decade later0:48:06; warned S.881 could push EPA toward higher advanced-biofuel volume targets, increasing foreign import reliance0:49:29.

Sen. John Curtis (R-UT)0:52:22: Said Utah's forest service found its largest 2025 fire was contained almost exactly along past prescribed-burn boundaries0:55:30.

Sen. Mark Kelly (D-AZ)1:08:45: Argued WEPA's provision letting states deem a day an exceptional event unless EPA later disapproves shifts too much authority from EPA and could be exploited1:12:131:13:44.

Sen. Pete Ricketts (R-NE)1:15:58: Touted biofuels as a win for farmers amid falling soybean prices from Brazilian competition1:17:45 and cited port pollution data to support S.8811:20:03.

Sen. Blunt Rochester1:26:30: Said she cannot support the bill as written and pressed Pavlenko on whether it would meaningfully reduce coastal pollution1:27:54.

Key moments

Capito said 78% of criteria air pollutants have been eliminated since the Clean Air Act was signed in 1970, but hard-to-abate sources like wildfires now account for a growing share of remaining emissions0:16:070:16:33.

Wood testified the exceptional-events regulation has only been successfully applied once in nearly 20 years, and Sabo confirmed Georgia has submitted 129 demonstrations with no EPA response0:33:221:32:51.

Kelly and Vijayan sparred over WEPA's flip of the approval process — letting states deem exceptional-event days valid unless EPA disapproves — with Vijayan saying there is no real mechanism to prevent states from over-declaring such days1:12:431:13:44.

Vijayan testified NASA-backed research shows human-caused climate change is a primary driver of increasing Western wildfires and that resulting insurance cost increases are passed to homeowners0:57:480:59:12.

Pavlenko said a nearly identical RFS opt-in provision for aviation biofuel in 2014 left sustainable aviation fuel below 1% of the market a decade later, suggesting S.881 would have similarly negligible impact0:47:370:48:06.

Metcalf said marine engines require specific biofuel profiles, so producers can't simply substitute any biofuel, and biofuel supply will compete directly with land-based (road sector) demand0:39:390:39:59.

Capito calculated that a vessel switching to a 5% biodiesel blend on 2 million gallons of fuel cuts about 504 pounds of particulate matter and 564 pounds of hydrocarbons, scaling proportionally with higher blends1:20:291:21:02.

Blunt Rochester stated she "cannot support" S.881 as written, while Pavlenko testified the bill excludes promising non-biomass options like onshore power, methanol, and ammonia from RFS eligibility1:26:301:28:54.

Sabo pushed back on an implication from Kelly's questioning that states would exploit loopholes for unlimited burns, saying Georgia practitioners avoid smoking population centers to protect their "social license" to burn1:32:241:33:52.

Whitehouse noted the Trump administration is seeking to undermine the International Maritime Organization's binding emissions standard, which industry itself has supported, including a $150-per-ton carbon fee proposal0:23:040:23:32.

Metadata

Official titleHearings to examine a discussion draft of the Wildfire Emissions Prevention Act, and S.881, to amend the Clean Air Act to include fuel for ocean-going vessels as additional renewable fuel for which credits may be generated under the renewable fuel program.
CommitteeSenate Environment and Public Works
Chamber / CongressSenate · 119th Congress
Date2025-09-10
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript217 caption blocks · 10,380 words · 1:34:48 runtime
EventCongress.gov 337396