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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.

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: https://cfpub.epa.gov/si/si_public_record_Report.cfm?dirEntryId=341491