Renewable Fuel Standard Program (RFS1): Final Rule
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Rule Summary
EPA finalized a national renewable fuel program that was designed to encourage the blending of renewable fuels into our nation's motor vehicle fuel. The Energy Policy Act of 2005 amended the Clean Air Act to establish a Renewable Fuel Standard program. The U.S. Congress gave EPA the responsibility to coordinate with the U.S. Department of Energy, the U.S. Department of Agriculture, and stakeholders to design and implement this first-of-its-kind program. Three months after the Energy Policy Act of 2005 was signed, in December 2005, EPA set a statutory default standard that required that 2.78 percent of the gasoline sold or dispensed in calendar year 2006 be renewable fuel. Today’s rulemaking establishes a comprehensive RFS program for 2007 through 2012 and beyond.
Renewable Fuel Standard: Technical Amendments
EPA published a direct final rule on October 2, 2008, to amend the Renewable Fuel Standard program requirements. We received adverse comment on several provisions in the direct final rule and have published a withdrawal of these amendments in the Federal Register. All other amendments will take effect on December 1, 2008.
Due to the certainty provided to investors by the RFS program, production capacity for ethanol and other renewable fuels has significantly increased since the Energy Policy Act was signed, and the construction of new and expanded facilities is projected to continue. As a result, nationwide volumes of renewable fuel already greatly exceed the RFS requirements. By 2012, nationwide volumes are projected to reach over 11 billion gallons, compared to the 7.5 billion gallons required.
Notice of 2009 Requirement
(published November 21, 2008)
EPA announced the Renewable Fuel Standard for 2009: 10.21 percent. This standard is used by obligated parties -- refiners, importers and blenders (other than oxygen blenders) -- to calculate their renewable volume obligation. This notice, which is required under section 211(o) of the Clean Air Act as amended by the Energy Independence and Security Act of 2007, supersedes the notice published February 14, 2008.