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October 6, 2017

EPA Issues NODA Regarding RFS Program

Lauren M. Graham, Ph.D.

By Lauren M. Graham, Ph.D.

On October 4, 2017, EPA issued a NODA in the Federal Register to provide supplemental information and an opportunity for further public comment on potential reductions in the 2018 biomass-based diesel, advanced biofuel, and total renewable fuel volumes, and/or the 2019 biomass-based diesel volume under the RFS program.  The NODA follows the Agency’s July 21, 2017, proposed rulemaking on the volume requirements and provides additional information on production, imports, and cost of renewable fuel, and several options for how EPA may consider such data in establishing the final volume requirements. 
In the notice, EPA acknowledges its authority under the Clean Air Act to waive a portion of the biomass-based diesel standard if there is a significant renewable feedstock disruption or other market circumstance that would make the price of biomass-based diesel fuel increase significantly, and to make related reductions in the advanced biofuel and total renewable fuel volume requirements.  EPA is seeking comments on whether it is appropriate to use this waiver authority in the final rule.  Additionally, EPA invites comments on whether it is appropriate to consider possible impacts of the volumes of domestic production and imports on U.S. energy independence and security in setting the applicable standards under the RFS program, and on appropriate ways to determine the applicable volume requirements for 2018, and the biomass-based diesel volume requirement for 2019.
Comments are due October 19, 2017.