Regulatory Announcement

EPA Announces Notice of Proposed 

Rulemaking: RFS Pathways II and 

Technical Amendments to the RFS2 

Standards 

The Environmental Protection Agency (EPA) is announcing a 

proposed rulemaking for modifications to the Renewable Fuel 

Standard program, E15 misfueling mitigation regulations, ultra low 

sulfur diesel survey requirements as well as other technical 

amendments. 

Elements of this Notice 

EPA is proposing to amend certain elements of the renewable fuels standard (RFS) 

program regulations. The proposed amendments will facilitate the introduction of 

new renewable fuels as well as improve implementation of the program. This proposal 

includes various new renewable fuel pathways that will enhance the ability of the 

biofuels industry to supply advanced biofuels, including cellulosic biofuels, to the 

market. 

EPA is proposing to allow renewable diesel, renewable naphtha, and renewable 

electricity (used in electric vehicles) produced from landfill biogas to generate 

cellulosic or advanced biofuel RINs. Renewable compressed natural gas (CNG)/liquefied natural gas (LNG) produced from landfill biogas are also proposed to generate 

cellulosic RINs. EPA is also proposing to allow butanol that meets the 50% GHG 

emission reduction threshold to qualify as advanced biofuel. The rulemaking also 

proposes a clarification regarding the definition of crop residue to include corn kernel 

fiber and proposes an approach to determining the volume of cellulosic renewable 

identification numbers (RINs) produced from various cellulosic feedstocks. Further, 

this proposal discusses and seeks comment on the potential to allow for commingling 

of compliant products at the retail facility level as long as the environmental performance of the commingled fuels would not be detrimental. The action also addresses 

“nameplate capacity” issues for certain production facilities that do not claim exemption from the 20% GHG reduction threshold. Several other amendments to the 

RFS program are included. 

Office of Transportation and Air Quality 

EPA-420-F-13-015 

May 2013 
Regulatory Announcement

 

EPA is also proposing various changes to the E15 misfueling mitigation regulations at 40 CFR 

Part 80, Subpart N. Among the E15 changes proposed are technical corrections and amendments 

to sections dealing with labeling, E15 surveys, product transfer documents, and prohibited acts. 

We also propose to amend the definitions in order to address a concern about the rounding of 

test results for ethanol content violations. 

Finally, EPA is proposing changes to the survey requirements associated with the ultra-low sulfur 

diesel (ULSD) program. These changes to the ULSD survey will reduce the burden on industry 

in terms of number of samples they must collect. 

Health and Environmental Impacts 

There will be no adverse health or environmental impact as a result of these proposed changes. 

Gasoline Supply Benefits 

This action may provide additional flexibility to the regulated community by proposing to facilitate 

the introduction of new renewable fuels under the RFS2 program and have come at the suggestion 

of industry stakeholders. 

For More Information 

You can access the rule and related documents on EPA’s Office of Transportation and Air 

Quality (OTAQ) Web site at: 

www.epa.gov/otaq/fuels/renewablefuels/regulations.htm 

For more information on this rule, please contact Joe Sopata at: 

U.S. Environmental Protection Agency
 

Office of Transportation and Air Quality (6406J)
 

1200 Pennsylvania Avenue NW
 

Washington, DC 20460
 

(202) 343-9034
 

E-mail: sopata.joe@epa.gov
 

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