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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.

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