Regulatory Announcement

EPA Issues Final Rule for Renewable 

Fuel Standard (RFS) Pathways II and 

Modifications to the RFS Program, 

Ultra Low Sulfur Diesel Requirements, 

and E15 Misfueling Mitigation 

Requirements 

The U.S. Environmental Protection Agency (EPA) is taking final 

action to qualify additional fuel pathways that the Agency has 

determined meet the lifecycle greenhouse gas (GHG) reduction 

requirements for cellulosic biofuel under the National Renewable 

Fuel Standard (RFS) program. This final rule also provides guidance 

regarding the feedstocks that EPA considers to be crop residues, including clarification that EPA considers corn kernel fiber to be a crop 

residue. 

EPA is also finalizing other minor amendments related to survey 

requirements associated with the ultra-low sulfur diesel (ULSD) 

program and misfueling mitigation regulations for 15 volume percent 

ethanol blends (E15). 

New Pathways 

This action qualifies the following as cellulosic and advanced fuel pathways under 

the Renewable Fuels Standards (RFS): 

•	 Compressed natural gas produced from biogas from landfills, municipal wastewater treatment facility digesters, agricultural digesters, and separated MSW 

digesters 

•	 Liquefied natural gas produced from biogas from landfills, municipal wastewater treatment facility digesters, agricultural digesters, and separated MSW 

digesters 

Office of Transportation and Air Quality 

EPA-420-F-14-045 

July 2014 
Regulatory Announcement

 

 

 

 

 

 

 

 

 

•	 Electricity used to power electric vehicles produced from biogas from landfills, municipal 

wastewater treatment facility digesters, agricultural digesters, and separated MSW digesters 

These pathways have the potential to provide notable volumes of cellulosic biofuel for use in 

complying with the RFS program, since significant volumes of advanced biofuels are already 

being generated for fuel made from biogas, and in many cases this same fuel will qualify for cellulosic RINs when this rule becomes effective. 

Other Amendments to the RFS Program 

This final rule clarifies or amends a number of RFS program regulations that define terms or 

address registration, recordkeeping, or reporting requirements. These include amendments 

related to: 

•	 Use of crop residue as renewable fuel feedstock: This final rule specifies producers must 

include in their registration specific information about the types of residues which will 

be used, and record and report to EPA the quantities and specific types of residues used 

during production. 

•	 Definition of “small refinery”: EPA is modifying the definition of small refinery so that 

the crude throughput threshold of 75,000 barrels per day must apply in the most recent 

full calendar year prior to an application for hardship. 

•	 Provisions for small blenders of renewable fuels: EPA is changing the threshold for small 

blenders of renewable fuels that want to delegate renewable identification numbers (RIN) 

responsibilities from 125,000 gallons to 250,000 gallons. 

•	 When EPA may deactivate a company registration: EPA is specifying that the agency 

may deactivate a company registration if a company has reported no activity in EMTS 

for twenty-four calendar months. 

•	 The use for registration purposes of “nameplate capacity” for certain production facilities 

that do not claim exemption from the 20% GHG reduction threshold; and 

•	 Clarifying what penalties apply under the RFS program. 

•	 Specifies the number of cellulosic biofuel renewable identification numbers that may be 

generated for fuel made from various cellulosic feedstocks. 

Non RFS related Amendments 

EPA is also taking action to reduce the number of samples required under the existing ultra-low 

sulfur diesel survey program which is expected to reduce costs to industry. In addition, this rule 

makes various changes to the E15 misfueling mitigation regulations. 

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Regulatory Announcement

Changes from Proposed Rule 

Portions of the June 14, 2013 proposal are not being finalized at this time, including proposed 

compliance requirements for non-RIN-generating foreign renewable fuel producers and the 

definition of “producer” for renewable CNG/LNG and renewable electricity. EPA is also not 

finalizing the proposed advanced butanol pathway, the proposed pathways for the production of 

renewable diesel, naphtha and renewable gasoline from biogas, the definition of responsible 

corporate officer, or the proposed amendments to compliance related provisions in Section 

80.1452 (requirements related to the EPA Moderated Transaction System (EMTS)). The 

Agency is deferring a final decision on these matters until a later time. 

Rulemaking Process 

EPA published a Notice of Proposed Rulemaking on June 14, 2013 (78 FR 36045) and accepted 

public comments until July 15, 2013. Public comments received can be viewed online at 

www.regulations.gov. The public docket for this rulemaking is EPA-HQ-OAR-2012-0401. 

For More Information 

For more information, please visit the RFS website at: 

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

To submit a question on the RFS program, and to view Frequently Asked Questions, please visit: 

www.epa.gov/otaq/fuels/renewablefuels/compliancehelp/index.htm 

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