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EPA/OAR RIN: 2060-AT93 Publication ID: Fall 2018 
Title: Renewable Fuel Volume Standards for 2019 and Biomass-Based Diesel (BBD)Volume for 2020 
Abstract:

The Clean Air Act requires 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, 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 requires applicable volumes to be set no later than 14 months prior to the year for which the requirements would apply.

 
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: Regulatory 
CFR Citation: 40 CFR 80   
Legal Authority: 42 U.S.C. 7401 et seq., Clean Air Act   
Legal Deadline:  None

Statement of Need:

The Clean Air Act requires EPA to promulgate regulations that specify the annual volume requirements for renewable fuels under the Renewable Fuel Standard (RFS) program. 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 requires applicable volumes to be set no later than 14 months prior to the year for which the requirements would apply.

Summary of the Legal Basis:

CAA section 211(o)

Alternatives:

EPA requested comment on using the general waiver authority to reduce the required volumes for advanced and total renewable fuel in the proposed rule.

Anticipated Costs and Benefits:

Anticipated costs were developed for the proposed rule ($380-$740 million). Costs and benefits of this rulemaking are highly complex given the nature of the program and the standards being categorically nested under a total volume standard. An updated estimate of the costs, based on a number of illustrative assumptions, will be provided in the final rule.

Risks:

Environmental assessments are primarily addressed under another section of the CAA (Section 204). EPA released an updated report to Congress on June 29, 2018. More information on this report can be found at: https://cfpub.epa.gov/si/si_public_record_Report.cfm?dirEntryId=341491

Timetable:
Action Date FR Cite
Notice  07/03/2018  83 FR 31098   
NPRM  07/10/2018  83 FR 32024   
Final Rule  11/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Dallas Burkholder
Environmental Protection Agency
Office of Air and Radiation
N26,
Ann Arbor, MI 48105
Phone:734 214-4766
Email: burkholder.dallas@epa.gov

Tia Sutton
Environmental Protection Agency
Office of Air and Radiation
6401A, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-8929
Email: sutton.tia@epa.gov