Renewable Fuels
Other Actions under RFS Program
Proposed Enhancement and Growth Support Rule
The Renewable Fuel Standard (RFS) program was created by the Energy Policy Act of 2005, amended by the Energy Independence and Security Act of 2007, and is codified in section 211(o) of the Clean Air Act. The section sets annual, national volume targets for four categories of renewable fuel: cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuel. Under the section, EPA must modify or establish volume targets in some cases. EPA must also translate the volume targets into percentage standards which regulated parties must comply with annually.
Obama Administration (2009–2016)
On November 16, 2016, EPA proposed enhancements to RFS and other regulatory programs to support market growth of ethanol and other renewable fuels. 81 Fed. Reg. 80,828 (Nov. 16, 2016). The proposed rule would have allowed biofuel producers to partially process renewable feedstocks at one facility and further process them into renewable fuels at another facility, allow expanded availability of high ethanol fuel blends for use in flex fuel vehicles, and approve new feedstocks from certain sources.
Fuel Pathways
EPA reviews and approves new fuel pathways under the RFS program. A full list of approved pathways is available here.
EPA finalized the rule on December 2, 2022, adding renewable diesel, jet fuel, heating oil, naphtha, and LPG produced from canola/rapeseed oil as fuel pathways under the RFS program. 87 Fed. Reg. 73,956 (Dec. 2, 2022). EPA’s proposed analysis concluded that “these pathways would meet the lifecycle GHG emissions reduction threshold of 50 percent required for advanced biofuels and biomass-based diesel under the Renewable Fuel Standard (RFS) program.” 87 Fed. Reg. 22,823 (Apr. 18, 2022).
- Final Rule, 87 Fed. Reg. 73,956 (Dec. 2, 2022)
- Proposed Rule, 87 Fed. Reg. 22,823 (Apr. 18, 2022)
Biden Administration (2021-2024)
EPA finalized the rule on December 2, 2022, adding renewable diesel, jet fuel, heating oil, naphtha, and LPG produced from canola/rapeseed oil as fuel pathways under the RFS program. 87 Fed. Reg. 73,956 (Dec. 2, 2022). EPA’s proposed analysis concluded that “these pathways would meet the lifecycle GHG emissions reduction threshold of 50 percent required for advanced biofuels and biomass-based diesel under the Renewable Fuel Standard (RFS) program.” 87 Fed. Reg. 22,823 (Apr. 18, 2022).
- Final Rule, 87 Fed. Reg. 73,956 (Dec. 2, 2022)
- Proposed Rule, 87 Fed. Reg. 22,823 (Apr. 18, 2022)
Obama Administration (2009–2016)
On October 22, 2013, EPA amended the definition of “heating oil” within the Renewable Fuel Standard (RFS) Program regulations under section 211(o) of the Clean Air Act. 78 Fed. Reg. 62,462 (Oct. 22, 2013). The amendment allows for the inclusion of “fuel oils,” a source produced from renewable biomass used to heat buildings, to be included as a category of compliant renewable fuel. The rule also allows fuel oil producers to generate Renewable Identification Numbers (RINs), and creates specific registration and reporting requirements for the new fuel category. This rule is effective as of December 23rd, 2013.
- Final Rule, 78 Fed. Reg. 62,462 (Oct. 22, 2013)
- Proposed Rule, 77 Fed. Reg. 61,313 (Oct. 9, 2012)
On March 5, 2013, EPA published a final rule approving camelina oil and energy cane under the RFS program. 78 Fed. Reg. 14,190 (Mar. 5, 2013). On July 11, 2013, EPA approved giant reed and napier grass. 78 Fed. Reg. 41,703 (July 11, 2013). On July 18, 2014, EPA published its final approval of certain landfill biogases as cellulosic and advanced fuel pathways under the RFS. 79 Fed. Reg. 42,128 (July 18, 2014).
In January 2012, EPA issued a direct rule approving four fuels under the RFS: camelina, energy cane, napier grass, and giant reed. 77 Fed. Reg. 700 (Jan. 5, 2012). EPA received adverse comments from environmental organizations concerned that the approval of the new fuels would lead to significant increases in land use change-related GHG emissions and encourage the spread of invasive or non-native species. On March 5, 2012, EPA withdrew the direct rule pending further comment and consideration. 77 Fed. Reg. 13,009 (Mar. 5, 2012).
- Withdrawal of Direct Final Rule, 77 Fed. Reg. 13,009 (Mar. 5, 2012)
- Direct Final Rule, 77 Fed. Reg. 700 (Jan. 5, 2012)
Ethanol Content Waiver
Section 211(f)(4) of the Clean Air Act grants EPA the authority to waive the prohibition under section 211(f)(1) on the introduction of 15 volume percent ethanol (E15) into commerce.
First Trump Administration (2017–2020)
On June 10, 2019, EPA published a final rule allowing E15 gasoline to take advantage of the “1-psi Reid Vapor Pressure (RVP) waiver that currently applies to E10 during the summer months. 84 Fed. Reg. 26,980 (June 10, 2019). This rule allows E15 to be “sold year-round without additional RVP control rather than just eight months of the year.”
- Final Rule, 84 Fed. Reg. 26,980 (June 10, 2019)
- Proposed Rule, 84 Fed. Reg. 10,584 (Mar. 21, 2019)
Obama Administration (2009–2016)
In July 2011, EPA finalized a rule prohibiting E15 use in unapproved vehicles and providing labeling and other requirements to prevent misfueling with E15. 76 Fed. Reg. 44,406 (July 25, 2011).
In November 2010, EPA issued a partial waiver allowing fuel and fuel additive manufacturers to sell gasoline containing greater than 10 volume percent ethanol and no more than 15 volume percent ethanol (E15) for use in model year 2007 and later light motor vehicles (passenger cars, light-duty trucks, and medium-duty passenger vehicles). 75 Fed. Reg. 68,094 (Nov. 4, 2010). In January 2011, EPA extended the partial waiver to 2001-2006 model years. 76 Fed. Reg. 4,662 (Jan. 26, 2011).