Regulatory Announcement

EPA Proposes 2011 Renewable Fuel 

Standards 

Introduction 

Under the Clean Air Act Section 211(o), as amended by the Energy Independence 

and Security Act of 2007 (EISA), the Environmental Protection Agency (EPA) is 

required to set renewable fuel standards each November for the following year based 

on gasoline and diesel projections from the Energy Information Administration 

(EIA). EPA is also required to set the cellulosic biofuel standard each year based 

on the volume projected to be available during the following year, using EIA 

projections and assessments of production capability from industry. This regulatory 

action proposes these annual standards for cellulosic, biomass-based diesel, advanced 

biofuel, and total renewable fuels that apply to all gasoline and diesel produced 

or imported in year 2011. This notice also includes two proposed changes to the 

RFS2 regulations. The first would create a temporary and limited means for certain 

renewable fuel producers to generate delayed Renewable Identification Numbers 

(RINs) after they have produced and sold renewable fuel. This proposal would apply 

only to those producers who use canola oil, grain sorghum, pulpwood, or palm oil to 

produce renewable fuel. The second proposal would establish a petition process that 

foreign countries could use to establish an aggregate approach to compliance with 

the renewable biomass provision akin to that applicable to the U.S. 

General Background 

EPA is required to determine and publish the applicable annual percentage standards 

for each compliance year by November 30 of the previous year. Determining the 

applicable standards under RFS2 requires EPA to conduct an in-depth evaluation 

of the volume of qualifying cellulosic biofuel that can be made available in the 

following year. If the projected available volume of cellulosic biofuel is less than 

the required volume specified in the statute, EPA must lower the required volume 

used to set the annual cellulosic biofuel percentage standard to the projected 

available volume. EPA must also determine whether the advanced biofuel and/or 

total renewable fuel volumes should be reduced by the same or a lesser amount. The 

proposed rule provides EPA’s evaluation of the projected production of cellulosic 

biofuel for 2011, and proposed percentage standards for compliance year 2011. 

Office of Transportation and Air Quality 

EPA-420-F-10-043 

July 2010 
Regulatory Announcement 

Proposed Percentage Standards for 2011 

To calculate the percentage standard for cellulosic biofuel for 2011, we have used a potential 

volume range of 6.5 - 25.5 million ethanol-equivalent gallons (representing 5 - 17.1 million 

physical gallons). For the final rule, EPA intends to pick a single value from within this range to 

represent the projected available volume on which the 2011 percentage standard for cellulosic 

biofuel will be based. We are also proposing that the applicable volumes for biomass-based 

diesel, advanced biofuel, and total renewable fuel for 2011 will be those specified in the statute. 

These volumes are shown in Table 1. 

Table 1
 

Proposed Volumes for 2011
 

Actual Volume Ethanol Equivalent Volume 

Cellulosic biofuel 5 - 17.1 mill gal 6.5 - 25.5 mill gal 

Biomass-based diesel 0.80 bill gal 1.20 bill gal 

Advanced biofuel 1.35 bill gal 1.35 bill gal 

Renewable fuel 13.95 bill gal 13.95 bill gal 

Four separate standards are required under the RFS2 program, corresponding to the four separate 

volume requirements shown in Table 2. The percentage standards represent the ratio of renewable fuel volume to non-renewable gasoline and diesel volume. The proposed standards for 2011 

are shown in Table 2. 

Table 2
 

Proposed Percentage Standards for 2011
 

Cellulosic biofuel 0.004-0.015% 

Biomass-based diesel 0.68% 

Advanced biofuel 0.77% 

Renewable fuel 7.95% 

Delayed RIN Generation for New Pathways 

EPA is proposing a new regulatory provision that would provide a means for certain renewable 

fuel producers to generate RINs after they have produced and sold renewable fuel. This proposed 

provision for “Delayed RINs” would apply only to those producers who use canola oil, grain 

sorghum, pulpwood, or palm oil to produce renewable fuel, only for renewable fuel produced in 

2010, and only if EPA determines that fuel pathways using these feedstocks provide the required 

greenhouse gas reductions as compared to baseline fuels. The greenhouse gas (GHG) lifecycle 

impacts of these four feedstocks are currently being analyzed as a supplement to the RFS2 final 

rule and are expected to be completed in 2010. 

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Regulatory Announcement 

Criteria and Process for Adoption of Aggregate Approach to Renewable 

Biomass for Foreign Countries 

In the final RFS2 rulemaking, EPA indicated that there was not enough data at that time to 

determine if the aggregate compliance approach adopted for domestically-grown crops and crop 

residues would be appropriate for foreign-grown feedstocks. EPA is now proposing criteria for 

EPA to use to determine whether or not to allow renewable fuel producers using foreign-grown 

feedstocks to use an aggregate approach to compliance with the renewable biomass verification 

provisions. The proposal includes a number of considerations that EPA will use in evaluating 

petitions. The proposal also describes the process EPA would follow to make decisions on any 

petitions received. 

Public Participation Opportunities 

We welcome your comments on this proposed rule. Comments will be accepted for 30 days 

beginning when this proposal is published in the Federal Register. All comments should be 

identified by Docket ID No. EPA-HQ-OAR-2010-0133 and submitted by one of the following 

methods: 

Internet: www.regulations.gov
 

E-mail: A-and-R-Docket@epa.gov
 

Mail:
 

Environmental Protection Agency 

Air and Radiation Docket and Information Center (6102T) 

1200 Pennsylvania Avenue NW 

Washington, DC 20460 

Hand Delivery: 

EPA West Building 

EPA Docket Center (Room 3340) 

1301 Constitution Avenue NW 

Washington, DC 

We do not expect to hold a public hearing. However, if we receive such a request we will publish 

information related to the timing and location of the hearing and the timing of a new deadline 

for public comments. 

For More Information 

For more information on this proposal, please visit the RFS website at: 

http://www.epa.gov/otaq/fuels/renewablefuels 

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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