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EPA/OAR RIN: 2060-AS72 Publication ID: Fall 2016 
Title: Renewable Fuel Volume Standards for 2017 and Biomass Based Diesel Volume (BBD) for 2018 
Abstract:

The Clean Air Act requires the EPA to promulgate regulations that specify the annual standards requirements for renewable fuels under the Renewable Fuel Standard (RFS) program. Standards are to be set for four different categories of renewable fuels: cellulosic biofuel, biomass based diesel (BBD), advanced biofuel, and total renewable fuel. The statute requires that  the standards be finalized by November 30 of the year prior to the year in which the standards would apply. In the case of biomass based diesel, the statute that requires applicable volumes be set no later than 14 months before the year for which the requirements would apply. This action would propose the applicable volumes for all renewable fuel categories for 2017, and would also propose the BBD standard for 2018.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 80   
Legal Authority: 42 U.S.C. 7619 Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Statutory  The statute requires the standards be finalized by November 30 of the year prior to the year in which the standards would apply.  11/30/2016 

Overall Description of Deadline: Final Statutory November 30,2016, cellulosic biofuel, biomass based diesel (BBD), advanced biofuel, and total renewable fuel. The statute requires the standards be finalized by November 30 of the year prior to the year in which the standards would apply.

Statement of Need:

Section 211(o) of the Clean Air Act requires the EPA to promulgate regulations that specify the annual volume requirements for renewable fuels under the Renewable Fuel Standard (RFS) program. Standards are to be set for four different categories of renewable fuels: cellulosic biofuel, biomass based diesel (BBD), advanced biofuel, and total renewable fuel. The statute requires the standards be finalized by November 30 of the year prior to the year in which the standards would apply. In the case of biomass based diesel, the statute requires applicable volumes be set no later than 14 months before the year for which the requirements would apply.

Summary of the Legal Basis:

The Clean Air Act Section 211 (o) requires the standards be finalized by November 30 of the year prior to the year in which the standards would apply. In the case of biomass based diesel, the statute requires applicable volumes be set no later than 14 months before the year for which the requirements would apply.

Alternatives:

The action will establish renewable fuel standards for the years identified above. Comments submitted during the public process will be reviewed and considered in the final standards.

Anticipated Costs and Benefits:

In the proposal, EPA estimated that the cost to produce renewable fuels compared to the costs of producing petroleum fuels would range from $535 to $971 million in 2017. These illustrative cost estimate are not meant to be precise measures, nor do they attempt to capture the full impacts of the rule. These estimates are provided solely for the purpose of showing how the cost to produce a gallon of a "representative" renewable fuel compares to the cost of producing a petroleum fuel. The short timeframe provided for the annual renewable fuel rule process does not allow sufficient time for EPA to conduct a comprehensive analysis of the benefits of the annual standards.  Since the benefits are unquantified, the net benefits are incalculable.

Risks:

A risk analysis was not conducted.

Timetable:
Action Date FR Cite
NPRM  05/31/2016  81 FR 34777   
Final Rule  12/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
David Korotney
Environmental Protection Agency
Office of Air and Radiation
N27,
Ann Arbor, MI 48105
Phone:734 214-4507
Email: korotney.david@epa.gov

Paul Argyropoulos
Environmental Protection Agency
Office of Air and Radiation
1200 Pennsylvania Avenue NW, Mail Code 6401A,
Washington, DC 20460
Phone:202 564-1123
Email: argyropoulos.paul@epa.gov