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EPA/OAR RIN: 2060-AU82 Publication ID: Fall 2020 
Title: Renewable Fuel Standard Program: Standards for 2021, Biomass-Based Diesel Volumes for 2022 

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 2021. 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 2022.

Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  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    11/30/2020 

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 RFS program was created under the Energy Independence and Security Act of 2007 to "move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers, to increase the efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government."

Summary of the Legal Basis: CAA section 211(o)

Alternatives: EPA is considering alternative volume standards in the development of the proposal, including a response to the D.C. Circuit remand of the rule establishing the RFS volumes for 2016. We intend to continue to consider alternatives as we develop the proposed rule.

Anticipated Costs and Benefits: Anticipated costs will be developed for the proposed rule. Costs and benefits of this rulemaking account for the nature of the program and the nested structure of the volume requirements. An updated estimate of the costs, based on a number of illustrative assumptions, will be provided in the proposed rule.

Risks: Environmental and resource impacts of the RFS program 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:

Action Date FR Cite
NPRM  12/00/2020 
Final Rule  06/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 111120 Oilseed (except Soybean) Farming; 221210 Natural Gas Distribution; 324110 Petroleum Refineries; 325193 Ethyl Alcohol Manufacturing; 325199 All Other Basic Organic Chemical Manufacturing; 424710 Petroleum Bulk Stations and Terminals; 424720 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) 
RIN Data Printed in the FR: No 
Agency Contact:
Dallas Burkholder
Environmental Protection Agency
Office of Air and Radiation
Ann Arbor, MI 48105
Phone:734 214-4766

David Korotney
Environmental Protection Agency
Office of Air and Radiation
Ann Arbor, MI 48105
Phone:734 214-4507