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EPA/OAR RIN: 2060-AU42 Publication ID: Fall 2019 
Title: Renewable Fuel Standard Program: Standards for 2020, Biomass-Based Diesel Volumes for 2021, and Other Changes 
Abstract:

Under section 211 of the Clean Air Act, the Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards every year. This action establishes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that apply to gasoline and diesel transportation fuel produced or imported in the year 2020. Relying on statutory waiver authority that is available when the projected cellulosic biofuel production volume is less than the applicable volume specified in the statute, EPA is establishing volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory volume targets. We are also establishing the applicable volume of biomass-based diesel for 2021.

We also intend to finalize changes to the percentage standard calculations to account for volumes of gasoline and diesel we project will be exempted from the renewable volume obligations. Finally, this action addresses the remand of the 2016 standard-setting rulemaking, and finalizes several regulatory changes to the Renewable Fuel Standard (RFS) program.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed 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:
Action Source Description Date
Final  Statutory  Per Statutory deadline the rule must be finalized by Nov. 30  11/30/2019 

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 alternative cellulosic biofuel volumes, which would also impact the volume requirements for advanced biofuel and total renewable fuel.

Anticipated Costs and Benefits:

EPA estimated a range of costs for this proposed rule. On the low end, EPA estimated $3.2 million in cost savings and at the high end $10 million in costs. 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  07/17/2019  84 FR 34106   
NPRM  07/29/2019  84 FR 36762   
Supplemental NPRM  10/28/2019  84 FR 57677   
Supplemental NPRM Comment Period End  11/29/2019 
Final Rule  12/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
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

David Korotney
Environmental Protection Agency
Office of Air and Radiation
N27,
Ann Arbor, MI 48105
Phone:734 214-4507
Email: korotney.david@epa.gov