100442 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 

Product (MMNPR) and Notice of Filing 

Materials Under Seal, filed November 

22, 2024. 

2. Comments by interested persons 

concerning the financial model, 

minimum rates, and Mail Classification 

Schedule changes proposed pursuant to 

39 CFR 3041.205 are due no later than 

December 12, 2024. 

3. Pursuant to 39 U.S.C. 505, the 

Commission appoints Christopher Mohr 

to serve as an officer of the Commission 

(Public Representative) to represent the 

interests of the general public in these 

dockets. 

4. The Secretary shall arrange for the 

publication of this Order in the Federal 

Register. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2024–29090 Filed 12–11–24; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2024–0411; FRL–12015–01– 

OAR] 

RIN 2060–AW46 

Renewable Fuel Standard (RFS) 

Program: Partial Waiver of 2024 

Cellulosic Biofuel Volume Requirement 

and Extension of 2024 Compliance 

Deadline 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to partially 

waive the 2024 cellulosic biofuel 

volume requirement and revise the 

associated percentage standard under 

the Renewable Fuel Standard (RFS) 

program due to a shortfall in cellulosic 

biofuel production. As a result of this 

proposed change, this action also 

proposes to extend the RFS compliance 

reporting deadline for the 2024 

compliance year. This action also 

proposes several minor revisions related 

to the biogas provisions of the RFS 

program. 

DATES: 

Comments: Comments must be 

received on or before January 21, 2025. 

Public hearing: EPA will hold a 

virtual public hearing on December 20, 

2024. Please refer to the SUPPLEMENTARY

INFORMATION section for additional 

information on the public hearing. 

ADDRESSES: 

Comments. Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2024–0411, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from the docket. EPA 

may publish any comment received to 

its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). Please visit https://

www.epa.gov/dockets/commenting-epadockets for additional submission 

methods; the full EPA public comment 

policy; information about CBI or 

multimedia submissions; and general 

guidance on making effective 

comments. 

Public hearing. The virtual public 

hearing will be held on December 20, 

2024. The hearing will begin at 9 a.m. 

eastern standard time (EST) and end 

when all parties who wish to speak have 

had an opportunity to do so. All hearing 

attendees (including even those who do 

not intend to provide testimony) should 

register for the virtual public hearing by 

December 13, 2024. Information on how 

to register can be found at https://

www.epa.gov/renewable-fuel-standardprogram/proposed-partial-waiver-2024- 

cellulosic-biofuel-volume-requirement. 

Additional information regarding the 

hearing appears below under 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this action, contact 

Dallas Burkholder, Office of 

Transportation and Air Quality, 

Compliance Division, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; telephone 

number: (734) 214–4776; email address: 

RFS-Rulemakings@epa.gov. For 

questions regarding the public hearing, 

contact Nick Parsons at RFS-Hearing@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Does this action apply to me? 

Entities potentially affected by this 

action are those involved with the 

production, distribution, and sale of 

transportation fuels (e.g., gasoline and 

diesel fuel) and renewable fuels (e.g., 

ethanol, biodiesel, renewable diesel, 

and biogas). Potentially affected 

categories include: 

Category NAICS1 code Examples of potentially affected entities 

Industry ..................................................... 211130 Natural gas liquids extraction and fractionation. 

Industry ..................................................... 221210 Natural gas production and distribution. 

Industry ..................................................... 324110 Petroleum refineries (including importers). 

Industry ..................................................... 325120 Biogases, industrial (i.e., compressed, liquified, solid), manufacturing. 

Industry ..................................................... 325193 Ethyl alcohol manufacturing. 

Industry ..................................................... 325199 Other basic organic chemical manufacturing. 

Industry ..................................................... 424690 Chemical and allied products merchant wholesalers. 

Industry ..................................................... 424710 Petroleum bulk stations and terminals. 

Industry ..................................................... 424720 Petroleum and petroleum products wholesalers. 

Industry ..................................................... 457210 Fuel dealers. 

Industry ..................................................... 562212 Landfills. 

1 North American Industry Classification System (NAICS). 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities potentially 

affected by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be affected by 

this action. Other types of entities not 

listed in the table could also be affected. 

To determine whether your entity 

would be affected by this action, you 

should carefully examine the 

applicability criteria in 40 CFR part 80. 

If you have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 100443 

1 88 FR 44468 (July 12, 2023). 

2 40 CFR 80.1405(a). 

3EPA is not reopening the 2025 RFS volumes and 

standards in this proceeding, nor are we reopening 

any of the 2024 RFS volumes and standards besides 

the 2024 cellulosic biofuel volume and standard. 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Participation in Virtual Public Hearing 

Information on how to register for the 

virtual public hearing can be found at 

https://www.epa.gov/renewable-fuelstandard-program/proposed-partialwaiver-2024-cellulosic-biofuel-volumerequirement. The last day to pre-register 

to speak at the hearing is December 13, 

2024. Please note that any updates made 

to any aspect of the hearing will be 

posted online at https://www.epa.gov/ 

renewable-fuel-standard-program/ 

proposed-partial-waiver-2024-cellulosicbiofuel-volume-requirement. While EPA 

expects the hearing to go forward as set 

forth above, please monitor the website 

or contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

determine if there are any updates. EPA 

does not intend to publish a document 

in the Federal Register announcing 

updates. 

Each commenter will have 3 minutes 

to provide oral testimony. EPA may ask 

clarifying questions during the oral 

presentations, but will not respond to 

the presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. 

If you require the services of a 

translator or special accommodations 

such as audio description, please preregister for the hearing and describe 

your needs by December 13, 2024. EPA 

may not be able to arrange 

accommodations without advance 

notice. 

Preamble Acronyms and Abbreviations 

Throughout this document the use of 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is intended to refer 

to EPA. We use multiple acronyms and 

terms in this preamble. While this list 

may not be exhaustive, to ease the 

reading of this preamble and for 

reference purposes, EPA defines the 

following terms and acronyms here: 

BBD biomass-based diesel 

CAA Clean Air Act 

CG conventional gasoline 

CNG compressed natural gas 

CWC cellulosic waiver credit 

FRS ID facility registration system 

identification 

GC gas chromatograph 

LNG liquified natural gas 

RBOB reformulated gasoline before 

oxygenate blending 

RFG reformulated gasoline 

RFS Renewable Fuel Standard 

RIN Renewable Identification Number 

RNG renewable natural gas 

RVO Renewable Volume Obligation 

Outline of This Preamble 

I. Executive Summary 

II. Statutory Background 

A. The RFS Program and the Set Authority 

B. General Waiver Authority 

C. Cellulosic Waiver Authority 

III. Assessment of Cellulosic RINs Available 

for Compliance 

IV. Proposal To Partially Waive the 2024 

Cellulosic Biofuel Volume Requirement 

Using the General Waiver Authority 

V. Request for Comment on the Availability 

of the Cellulosic Waiver Authority for 

2024 

A. Use of the Cellulosic Waiver Authority 

B. Change to Calculation of Cellulosic 

Waiver Credit Price 

VI. Calculation of 2024 Cellulosic Biofuel 

Percentage Standard 

VII. Extension of Compliance Deadlines 

A. Extension of 2024 Compliance 

Reporting Deadline 

B. Extension of Future RFS Compliance 

Reporting Deadlines 

VIII. Other RFS Amendments 

A. Biogas Regulations 

B. Updated Standard Specification for 

Biodiesel 

C. Technical Corrections 

IX. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

X. Statutory Authority 

I. Executive Summary 

On July 12, 2023, EPA promulgated a 

rule establishing the RFS volume 

requirements and percentage standards 

for 2023–2025 (the ‘‘Set Rule’’).1 As part 

of that rulemaking, EPA projected that 

1.09 billion cellulosic Renewable 

Identification Numbers (RINs) would be 

generated in 2024 and used that volume 

to establish the 2024 cellulosic biofuel 

percentage standard of 0.63 percent.2

However, based on current projections 

of cellulosic biofuel production for 

2024, we expect that only 0.97 billion 

cellulosic RINs will be generated in 

2024, a shortfall of 0.12 billion RINs. As 

discussed in section III, this follows a 

shortfall in cellulosic biofuel production 

in 2023 that resulted in the total 

cellulosic RIN deficit from 2023 carried 

into 2024 to exceed the total number of 

available 2023 cellulosic carryover 

RINs. Given these factors and reasons 

further explained in sections II through 

IV, in this action we are proposing to 

partially waive the 2024 cellulosic 

biofuel volume requirement to 0.88 

billion RINs (the sum of projected 

cellulosic biofuel production in 2024 

less the cellulosic biofuel deficits 

carried into 2024) using the statutory 

‘‘general waiver authority.’’ We are 

requesting comment on the magnitude 

of the partial waiver and the use of the 

cellulosic waiver authority as an 

alternative to the general waiver 

authority. 

We currently project that the supply 

of advanced biofuel and total renewable 

fuel in 2024 will exceed the required 

volumes by a significant margin, despite 

the projected shortfall in cellulosic 

biofuel. Given the projected surplus of 

2024 advanced RINs, we are not 

proposing to revise the volume 

requirements for any of the other 

categories of renewable fuel (i.e., 

biomass-based diesel (BBD), advanced 

biofuel, and total renewable fuel). We 

are also not proposing any changes to 

any of the 2025 RFS standards, which 

were also finalized in the Set Rule. 

While EPA may possibly consider a 

partial waiver of the 2025 cellulosic 

biofuel standard in a future action, any 

comments on such a change to the 2025 

RFS standards will be treated as beyond 

the scope of this action.3

As discussed in section V, we are 

additionally seeking comment on two 

issues related to the ‘‘cellulosic waiver 

authority’’: (1) Whether this authority is 

available to waive the 2024 cellulosic 

biofuel volume requirement; and (2) Our 

proposal to replace the source of data 

for the wholesale price of gasoline that 

is used to calculate the price of 

cellulosic waiver credits (CWCs) 

because the data source currently 

identified in the regulations is no longer 

available. 

In section VII, we are also proposing 

to extend the 2024 RFS compliance 

deadline from March 31, 2025, to the 

next quarterly compliance reporting 


ddrumheller on DSK120RN23PROD with PROPOSALS1
100444 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 

4 ‘‘The Administrator shall promulgate rules 

establishing the applicable volumes under this 

clause no later than 14 months before the first year 

for which such applicable volume will apply.’’ CAA 

section 211(o)(2)(B)(ii). 

5 88 FR 44479 (July 12, 2023) (‘‘While we are 

establishing applicable volume requirements in this 

action for future years that are achievable and 

appropriate based on our consideration of the 

statutory factors, we retain our legal authority to 

waive volumes in the future under the waiver 

authorities should circumstances so warrant.’’). 

6The CAA section 211(o)(7)(A) general waiver 

authority also allows EPA to waive RFS volumes if 

an applicable standard ‘‘would severely harm the 

economy or environment of a State, a region, or the 

United States’’ (‘‘severe economic harm’’). This 

provision is not relevant to this action and is 

therefore not discussed, but more information can 

be found at 77 FR 70756 (November 27, 2012). 

7ACE resolved challenges to EPA’s rulemaking 

that established the 2014–2016 RFS standards 

(‘‘2014–2016 Rule’’). 80 FR 77420 (December 14, 

2015). 

8ACE, 864 F.3d at 704, 713–716 (holding that 

EPA ‘‘permissibly declined to consider carryover 

RINs for purposes of determining the available 

supply.’’) 

9 80 FR 77484–85 (December 14, 2015). 

10This was the case for 2016 and 2023, when EPA 

declined petitions for waiver of the cellulosic 

biofuel standards for those compliance years. See 

‘‘Denial of AFPM Petition for Waiver of 2016 

Cellulosic Biofuel Standard,’’ January 17, 2017, 

available in the docket for this action; see also 

‘‘Denial of AFPM Petition for Partial Waiver of 2023 

Cellulosic Biofuel Standard,’’ 89 FR 20961 (March 

26, 2024). 

11See, e.g., 73 FR 47168 (August 13, 2008) and 

77 FR 70752, 70756 (November 27, 2012). 

deadline after the effective date of the 

action finalizing these amendments, as 

well as proposing provisions that would 

automatically extend the annual 

compliance reporting deadline for a 

given compliance year if EPA proposes 

to revise an existing RFS standard for 

that year, as is proposed herein. EPA 

requests comment on these compliance 

deadline proposals. 

Finally, as discussed in section VIII, 

we are proposing minor revisions to two 

main areas of the RFS program’s biogas 

regulations that were identified after 

EPA and market participants began 

implementing the regulations 

promulgated in the Set Rule. First, EPA 

is proposing to clarify and provide 

flexibility for how biogas, renewable 

natural gas (RNG), renewable 

compressed natural gas (CNG), and 

renewable liquified natural gas (LNG) 

are measured, sampled, and tested to 

demonstrate compliance. 

Second, EPA is proposing the 

following technical amendments to the 

biogas regulations: 

• Clarifying what constitutes a batch 

of RNG. 

• Clarifying the requirements for the 

generation, assignment, and separation 

of RINs for RNG. 

• Clarifying the registration 

requirements for biogas producers, RNG 

producers, and RNG RIN separators. 

• Clarifying the attest engagement 

requirements for biogas producers, RNG 

producers, and RNG RIN separators. 

• Numerous clarifications, 

corrections, and consistency edits to the 

biogas regulations. 

II. Statutory Background 

A. The RFS Program and the Set 

Authority 

Clean Air Act (CAA) section 

211(o)(2)(B) establishes the framework 

by which EPA is to establish annual, 

nationally applicable volume targets for 

each of the four categories of renewable 

fuel that make up the RFS program: 

cellulosic biofuel, BBD, advanced 

biofuel, and renewable fuel. CAA 

section 211(o)(2)(B)(i) provides specific 

applicable volumes for cellulosic 

biofuel, advanced biofuel, and 

renewable fuel for each year from 2010 

to 2022 and specific applicable volumes 

for BBD for each year from 2010 to 2012. 

For the years beyond those expressly 

enumerated (i.e., after 2022 for all 

categories), CAA section 211(o)(2)(B)(ii) 

provides that applicable volumes are set 

by EPA in coordination with the United 

States Department of Agriculture 

(USDA) and Department of Energy 

(DOE), based on a review of the 

implementation of the RFS program to 

date, and that EPA must analyze 

specific factors (e.g., the impact of the 

production and use of renewable fuels 

on the environment, energy security, the 

infrastructure of the United States, and 

job creation). EPA calls this statutory 

authority to set volumes after 2022 its 

‘‘set authority.’’ CAA section 

211(o)(2)(B)(ii) additionally provides 

that under the set authority, EPA shall 

promulgate applicable volumes no later 

than 14 months prior to the start of the 

relevant year.4

This action concerns the 2024 

cellulosic biofuel volume requirement 

that was established in the Set Rule, 

EPA’s first RFS rule promulgated under 

the set authority. In the Set Rule, EPA 

established the volume requirements for 

2023–2025 using the set authority and 

acknowledged that certain waivers may 

be available to adjust the volume 

requirements if the requisite statutory 

conditions are met.5

B. General Waiver Authority 

CAA section 211(o)(7)(A) provides 

that EPA, in consultation with USDA 

and DOE, may reduce RFS volume 

requirements previously established 

pursuant to CAA section 211(o)(2) for a 

given compliance year, in whole or in 

part, under specified circumstances, 

including when EPA finds that ‘‘there is 

an inadequate domestic supply.’’ 6

Notably, CAA section 211(o)(7)(A) does 

not include any temporal limitation on 

when the waiver may be used or any 

limitation on which category of volumes 

may be waived, and thus the general 

waiver authority may be used to waive 

the cellulosic volume after the volumes 

have been set. 

In Americans for Clean Energy v. 

EPA, 864 F.3d 691 (2017) (‘‘ACE’’), the 

U.S. Court of Appeals for the D.C. 

Circuit held that, for this provision, the 

statute requires a ‘‘supply-side’’ 

assessment of the volumes of renewable 

fuel that can be supplied to refiners, 

importers, and blenders.7 Thus, EPA has 

the authority to waive volumes under 

this provision only if EPA determines 

that there is an ‘‘inadequate domestic 

supply’’ of renewable fuel based on the 

volumes of renewable fuel that can be 

supplied to refiners, importers, and 

blenders (i.e., EPA cannot base its 

finding on demand-side considerations). 

In calculating the supply of renewable 

fuel to make this threshold 

determination, EPA has consistently 

excluded carryover RINs from the 

previous compliance year and only 

assessed the quantity of actual 

renewable fuel projected to be (or 

actually) supplied to refiners, importers, 

and blenders in the compliance year at 

issue. This approach was upheld by the 

D.C. Circuit in ACE.8

Once EPA determines that there is an 

inadequate domestic supply of 

renewable fuel (or that the required 

volumes would result in severe 

economic or environmental harm), CAA 

section 211(o)(7)(A) states that EPA 

‘‘may’’ waive RFS volume requirements. 

Given that the statute permits EPA to 

determine whether or not to issue a 

waiver, EPA takes into consideration the 

availability of carryover RINs at this 

point in its analysis, particularly in 

circumstances where EPA is considering 

whether to adjust the volume 

requirement after it has been set.9 If EPA 

finds that the number of available 

RINs—including carryover RINs—is 

sufficient to meet the standards, EPA 

may choose not to issue a waiver, even 

if it determines there is an ‘‘inadequate 

domestic supply.’’ 10 Given the 

discretion afforded to EPA to issue 

waivers, EPA also considers other 

factors, as appropriate, when 

determining whether to issue a waiver 

under the general waiver authority.11

This action proposes to implement such 

a general waiver to reduce the 2024 

cellulosic biofuel volume requirement. 


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Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 100445 

12 ‘‘Renewable Fuel Standard (RFS) Program: 

Standards for 2023–25 and Other Changes, 

Response to Comments,’’ EPA–420–R–23–014, June 

2023 (‘‘Set Rule RTC’’), p. 9. 

13See, e.g., American Petroleum Institute (API) v. 

EPA, 706 F.3d 474, 479 (D.C. Cir. 2013) (‘‘API’’) 

(interpreting the ‘‘projected volume available’’ and 

indicating that ‘‘the most natural reading of the 

provision is to call for a projection that aims at 

accuracy, not at deliberately indulging a greater risk 

of overshooting than undershooting’’ in projecting 

the available cellulosic biofuel volume); ACE at 730 

(determining EPA’s use of the cellulosic waiver 

authority to reduce advanced and total renewable 

fuel was reasonable); Sinclair Wyoming Refining Co. 

LLC, et al. v. EPA, 101 F.4th 871, 883 (2024) 

(‘‘Sinclair’’) (rejecting biofuels producers’ challenge 

that EPA must include carryover cellulosic RINs in 

its determination of ‘‘projected volume available 

during that calendar year’’). 

14API, 706 F.3d at 476. 

15Alon Refining Krotz Springs, Inc. v. EPA, 396 

F.3d 628, 660 (D.C. Cir. 2019); API, 607 F.3d at 478. 

16Sinclair, 101 F.4th at 883–884. 

17CAA section 211(o)(7)(D)(ii). 

18CAA section 211(o)(7)(D)(iii); 40 CFR 80.1456. 

19See, e.g., 85 FR 7025 (February 6, 2020); 87 FR 

39616 (July 1, 2022). 

20 72 FR 14726–27 (March 26, 2010). 

21See, e.g., American Fuel & Petrochemical 

Manufacturers (AFPM), ‘‘Petition for Partial Waiver 

of the 2024 Cellulosic Biofuel Volumetric 

Requirements,’’ November 1, 2024. 

22 88 FR 44470–71 (July 12, 2023). 

23The compliance deadline for the 2024 

standards is currently March 31, 2025. However, as 

described in section VII.A, EPA is proposing to 

extend the 2024 compliance deadline in this action. 

24 40 CFR 80.1451 and 80.1427(a). 

25Because the compliance obligation is calculated 

on a percentage basis, if the actual gasoline and 

diesel volumes reported by obligated parties differ 

from the projected gasoline and diesel volumes that 

were used to derive the percentage standard, then 

the actual number of RINs required for compliance 

will differ from the projected volume that was used 

to calculate the percentage standard. Although we 

rely on the 1.09-billion-RIN projection for 2024 in 

the Set Rule that was the basis for the 2024 

cellulosic biofuel percentage standard, EPA would 

reach the same conclusion to waive the 2024 

cellulosic biofuel volume requirement, for the 

reasons stated below, using a higher RIN obligation 

(i.e., a higher gasoline and diesel projection). 

26See ‘‘Total Net Generation’’ RIN data table at: 

https://www.epa.gov/fuels-registration-reportingand-compliance-help/rins-generated-transactions. 

This table includes all reported cellulosic RINs that 

have been generated so far in 2024 and were not 

otherwise retired due to RIN generation error (i.e., 

an invalid RIN). Thus, the volume of 2024 

cellulosic RINs in this table is the volume of RINs 

that have been made available for compliance with 

the 2024 cellulosic biofuel standard. 

C. Cellulosic Waiver Authority 

The cellulosic waiver authority at 

CAA section 211(o)(7)(D)(i) provides 

that ‘‘[f]or any calendar year for which 

the projected volume of cellulosic 

biofuel production is less than the 

minimum applicable volume 

established under paragraph (2)(B), as 

determined by the Administrator based 

on the estimate provided under 

paragraph (3)(A),’’ EPA ‘‘shall reduce 

the applicable volume of cellulosic 

biofuel required under paragraph (2)(B) 

to the projected volume available during 

that calendar year’’ and that this 

reduction shall be made ‘‘not later than 

November 30 of the preceding calendar 

year.’’ For those years in which EPA 

‘‘makes such a reduction,’’ the statute 

further provides that EPA may also 

‘‘reduce the applicable volume of 

renewable fuel and advanced biofuels 

requirement . . . by the same or a lesser 

volume.’’ As such, even when EPA 

exercises its cellulosic waiver authority, 

the determination of whether to 

correspondingly reduce the advanced 

biofuel requirement is discretionary. As 

recognized by EPA in the Set Rule, there 

may be situations in which the CAA 

section 211(o)(7)(D) cellulosic waiver 

authority remains available to waive 

cellulosic biofuel volume requirements 

after 2022.12

In the past, when establishing the 

annual volumes and percentage 

standards using the cellulosic waiver 

authority, if EPA determined that the 

projected volume of cellulosic biofuel 

production for a given year would be 

less than the annual applicable volume 

established by Congress under CAA 

section 211(o)(2)(B)(i)(III), then EPA had 

the authority to reduce the applicable 

volume of cellulosic biofuel in relation 

to the projected volume available for 

that calendar year. Pursuant to this 

provision, EPA set the cellulosic biofuel 

volume requirement lower than the 

CAA section 211(o)(2)(B)(i)(III) statutory 

volumes enumerated by Congress for 

each year from 2010 through 2022. EPA 

was challenged regarding its 

interpretation of this statutory 

provision, leading the D.C. Circuit to 

evaluate various aspects of EPA’s 

cellulosic waiver authority.13 In 2013 in 

American Petroleum Institute (API) v. 

EPA, the court held that EPA must take 

a ‘‘neutral aim at accuracy’’ in 

determining the projected volume of 

cellulosic biofuel available.14 In API and 

Alon Refining Krotz Springs, Inc. v. 

EPA, the D.C. Circuit upheld EPA’s 

decision to use the Energy Information 

Administration’s (EIA’s) projected 

volume of cellulosic biofuel production 

to inform EPA’s projection, without 

requiring ‘‘slavish adherence by EPA to 

the EIA estimate.’’ 15 In Sinclair 

Wyoming Refining Co. LLC, et al. v. 

EPA, the D.C. Circuit upheld EPA’s 

reading of the statutory phrase 

‘‘projected volume available’’ to exclude 

carryover RINs.16

When EPA waived the cellulosic 

biofuel volume requirement using the 

cellulosic waiver authority in the past, 

it made CWCs available.17 As described 

in past RFS actions, CWCs—which, 

when made available, were offered for 

sale to obligated parties at a price 

established by regulation per the 

statute 18—provided compliance 

flexibility for obligated parties and 

effectively established a ceiling for the 

price of cellulosic biofuel RINs.19

However, it should be noted that CWCs 

only satisfied an obligated party’s 

cellulosic biofuel obligation; unlike a 

cellulosic RIN, a CWC could not be used 

to satisfy an obligated party’s advanced 

biofuel or total renewable fuel 

obligation.20 Therefore, to obtain the 

same compliance value as a cellulosic 

biofuel RIN, an obligated party using a 

CWC for compliance with the cellulosic 

biofuel standard needed to also acquire 

an advanced biofuel RIN to use towards 

meeting its advanced biofuel and total 

renewable fuel obligations. When CWCs 

were made available, they generally 

served to limit or cap the price of 

cellulosic RINs. 

In section V, EPA requests comment 

on whether use of the cellulosic waiver 

authority is available to reduce 

cellulosic biofuel volumes in 2024, 

because certain stakeholders have 

requested that EPA waive the 2024 

cellulosic biofuel volume requirement 

using this authority rather than, or in 

addition to, the general waiver 

authority.21

III. Assessment of Cellulosic RINs 

Available for Compliance 

In the Set Rule, EPA projected that 

1.09 billion cellulosic RINs would be 

generated in 2024, and used that volume 

to calculate the 2024 cellulosic biofuel 

percentage standard of 0.63 percent.22

While the actual number of cellulosic 

RINs that obligated parties will 

ultimately need to retire for compliance 

with the current standard will not be 

known until after the 2024 compliance 

deadline,23 when obligated parties 

report to EPA their 2024 gasoline and 

diesel production and import 

volumes,24 for purposes of making a 

decision to partially waive the 2024 

cellulosic biofuel volume requirement, 

we have assumed that the actual total 

2024 cellulosic biofuel obligation, if not 

waived, will be 1.09 billion RINs.25

As of October 10, 2024, approximately 

0.64 billion 2024 cellulosic RINs have 

been generated through September 

2024.26 To project total cellulosic RIN 

generation for 2024, we considered the 

seasonality of cellulosic RIN generation 

over the previous five years. We 

observed that the number of cellulosic 

RINs generated at the end of each month 

as a percentage of the total number of 

cellulosic RINs generated that year was 


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27This data is summarized in ‘‘Seasonality of RIN 

Generation (2019–2023) and Projected RIN 

Generation for 2024 Based on Data Through 

September 2024,’’ available in the docket for this 

action. 

28We intend to consider additional cellulosic RIN 

generation data throughout the remainder of 2024 

as it becomes available to inform any final action. 

29Under the statute and our implementing 

regulations, an obligated party is permitted to carry 

forward a deficit in lieu of retiring a sufficient 

number of RINs to meet its obligation. CAA section 

211(o)(5)(D); 40 CFR 80.1407(a), 80.1427(b). 

30See ‘‘2023 RFS0304 Annual Compliance Report 

Data as of October 8, 2024,’’ available in the docket 

for this action. 

31See ‘‘Table 6: Total Compliance Deficits by 

Year’’ at https://www.epa.gov/fuels-registrationreporting-and-compliance-help/annualcompliance-data-obligated-parties-and. 

32See ‘‘Cellulosic Carryover RIN Calculation for 

Proposed Partial Waiver of 2024 Cellulosic Biofuel 

Volume Requirement,’’ available in the docket for 

this action. 

33 40 CFR 80.1427(a). 

34CAA section 211(o)(5)(D). 

35 40 CFR 80.1427(b). 

36CAA section 211(o)(5)(D)(i). 

37 40 CFR 80.1427(b)(1)(i). 

38Note that once it has determined that there is 

‘‘inadequate domestic supply,’’ EPA’s consideration 

of the magnitude of the volume reduction to be 

implemented under the general waiver authority is 

factually and legally distinct from EPA’s 

consideration of the threshold determination of the 

‘‘projected volume available’’ when acting under 

the cellulosic waiver authority. While EPA 

permissibly excludes carryover RINs from its 

calculation of ‘‘projected volume available’’ under 

the cellulosic waiver authority (see Sinclair, 101 

F.4th at 883–884), EPA is not bound to follow the 

same approach when implementing a volume 

reduction when acting under the general waiver 

authority. 

39CAA section 211(o)(5)(D); 40 CFR 80.1427(b). 

very consistent from year-to-year.27

Based on the observed cellulosic RIN 

generation data from 2019–2023, we 

project that cellulosic RIN generation for 

2024 will be approximately 0.97 billion 

RINs.28

We have also considered the total 

cellulosic RIN deficit carried forward 

from 2023. To demonstrate compliance 

in 2024, obligated parties that carried a 

cellulosic RIN deficit from 2023 into 

2024 must retire RINs to fully satisfy 

their cellulosic biofuel obligation, 

calculated to include the obligation 

incurred in 2024 plus the deficit carried 

forward from 2023.29 Over 20 obligated 

parties—who together represent 21 

percent of the total cellulosic biofuel 

obligation for 2023—carried a cellulosic 

RIN deficit into 2024, including two of 

the six largest obligated parties and 

seven of the 25 largest obligated 

parties.30 Together, this total cellulosic 

RIN deficit reflects a deferred obligation 

of approximately 0.09 billion cellulosic 

RINs.31 If EPA were to include this 

cellulosic RIN deficit from 2023, the net 

number of RINs available to comply 

with the 2024 cellulosic biofuel 

standard would be approximately 0.88 

billion RINs. This is approximately 0.21 

billion fewer RINs than the 1.09 billion 

RINs needed to comply with the current 

2024 cellulosic biofuel standard, a 

shortfall of approximately 18 percent. 

We also have taken into consideration 

cellulosic RINs carried over from 2023. 

There are approximately 0.03 billion 

2023 cellulosic carryover RINs 

available.32 These carryover RINs 

represent actual cellulosic biofuel that 

was produced in 2023, but these RINs 

were not used for compliance in 2023 

and therefore remain available to 

obligated parties for use to comply with 

the 2024 cellulosic biofuel standard.33 If 

EPA were to include both the 2023 

cellulosic carryover RINs and total 

cellulosic RIN deficit from 2023, the net 

number of RINs available to comply 

with the 2024 cellulosic biofuel 

standard is approximately 0.91 billion 

RINs. This is approximately 0.18 billion 

fewer RINs than the 1.09 billion RINs 

needed to comply with the current 2024 

cellulosic biofuel standard, a shortfall of 

approximately 16 percent. 

Due to the expected shortfall in 

cellulosic biofuel production in 2024, 

the total cellulosic RIN deficit carried 

forward from 2023 into 2024, and the 

limited number of available 2023 

cellulosic carryover RINs, the cellulosic 

RIN shortfall could be of such a 

magnitude that some obligated parties 

that carried forward a deficit from 2023 

into 2024 would be forced into noncompliance with their 2024 cellulosic 

biofuel obligations. This is because 

while obligated parties that did not 

carry forward a cellulosic RIN deficit 

from 2023 into 2024 would be able to 

carry forward a deficit from 2024 into 

2025 to demonstrate compliance— 

which is permitted by statute 34 and 

regulation 35 and is routinely done— 

obligated parties that carried a cellulosic 

RIN deficit from 2023 into 2024 are 

precluded by statute 36 and regulation 37

from doing so in the subsequent year 

(i.e., from 2024 into 2025). This fact, 

combined with the shortfall in 

cellulosic biofuel production in 2024, 

may disrupt the functioning of the RIN 

market and leave some obligated parties 

unable to obtain the cellulosic RINs 

necessary to comply with their 2024 

obligations, through no fault of their 

own. 

IV. Proposal To Partially Waive the 

2024 Cellulosic Biofuel Volume 

Requirement Using the General Waiver 

Authority 

As discussed in section II.B, the 

general waiver authority authorizes EPA 

to reduce volume requirements 

promulgated under CAA section 

211(o)(2) upon a finding of ‘‘inadequate 

domestic supply.’’ The general waiver 

authority has no temporal limitation 

that would prohibit its use after the 

volume requirements have been set, is 

discretionary, and does not provide 

direction as to the magnitude of the 

volume that may be waived if EPA 

makes a finding of ‘‘inadequate 

domestic supply.’’ As discussed in 

section III, EPA does not account for 

carryover RINs as a constituent of the 

available supply in making the 

threshold determination. Once EPA 

determines that there is ‘‘inadequate 

domestic supply,’’ then EPA may 

consider certain additional factors 

regarding the RIN market—i.e., the 

availability of RINs for the year in 

question, carryover RINs from the prior 

year, and the volume of RIN deficits 

carried forward from the prior year— 

when determining whether to waive the 

volume requirements, and by how 

much, when using the general waiver 

authority.38

As discussed in section III, we 

currently project cellulosic RIN 

generation for 2024 will be 

approximately 0.97 billion RINs. 

Additionally, obligated parties carried a 

0.09 billion total cellulosic RIN deficit 

from 2023 into the 2024 compliance 

year. If we do not account for this deficit 

when using the general waiver 

authority, then we would effectively 

force an even larger cellulosic RIN 

deficit to be carried into 2025. Further, 

as noted in section III, any obligated 

party that already carried a cellulosic 

RIN deficit from 2023 into 2024 is 

unable to subsequently carry a 

cellulosic RIN deficit from 2024 into 

2025.39 Thus, if those obligated parties 

are unable to acquire sufficient RINs to 

fully satisfy their 2024 cellulosic biofuel 

obligations (including the cellulosic RIN 

deficit carried forward from 2023), then 

they would be forced into 

noncompliance. Since more than 20 

obligated parties carried a 0.09 billion 

total cellulosic RIN deficit from 2023 

into 2024, noncompliance is a real 

possibility for some obligated parties. 

Furthermore, since we are not proposing 

to use the cellulosic waiver authority 

and EPA is only authorized to make 

CWCs available when reducing the 

cellulosic biofuel volume requirement 

using the cellulosic waiver authority, 

CWCs would not be available as a result 

of this action. 

Given the inadequate volume of 

cellulosic biofuel projected to be 

produced in 2024 and the number of 

obligated parties that carried a cellulosic 

RIN deficit from 2023 into 2024, EPA is 

proposing to use the general waiver 


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40We intend to consider additional cellulosic RIN 

generation data throughout the remainder of 2024 

as it becomes available to inform any final action. 

41See, e.g., 88 FR 44471, 44493–96 (July 12, 

2023). 

42See ‘‘Seasonality of RIN Generation (2019– 

2023) and Projected RIN Generation for 2024 Based 

on Data Through September 2024,’’ available in the 

docket for this action. 

43The nested nature of the RFS program allows 

cellulosic biofuel to be used to meet the advanced 

biofuel and total renewable fuel volume 

requirements. Any cellulosic that can be supplied 

beyond the required volume can be used in place 

of advanced biofuel. 

44This action would increase the demand for 

advanced biofuel by the magnitude of the proposed 

partial waiver of the 2024 cellulosic biofuel volume 

requirement (0.21 billion RINs). This is 

approximately 2 percent of the projected supply of 

advanced biofuel (9.15 billion RINs). For more 

detail on this projection, see ‘‘Seasonality of RIN 

Generation (2019–2023) and Projected RIN 

Generation for 2024 Based on Data Through 

September 2024,’’ available in the docket for this 

action. 

authority to reduce the 2024 cellulosic 

biofuel volume requirement to 0.88 

billion RINs, a reduction of 0.21 billion 

RINs from the current volume 

requirement of 1.09 billion RINs. This 

proposed volume requirement 

represents the projected cellulosic RIN 

generation for 2024 of 0.97 billion RINs 

less the total cellulosic RIN deficit from 

2023 of 0.09 billion RINs.40

We recognize that this proposed 

volume requirement does not account 

for the availability of the limited 

number of 2023 cellulosic carryover 

RINs. As discussed in section III, there 

are approximately 0.03 billion 2023 

cellulosic RINs available for use in 

2024, which is 0.06 billion fewer 

cellulosic RINs than the 0.09 billion 

total cellulosic RIN deficit from 2023. 

As we have noted in previous RFS 

actions, carryover RINs provide 

important benefits to the RFS program, 

including compliance flexibility to 

individual obligated parties, liquidity to 

the RIN market, and mitigation against 

market impacts that could occur if RIN 

generation in any year falls short of the 

required volume of renewable fuel, as 

was the case for cellulosic biofuel in 

2023.41 We are therefore concerned 

about the impacts on the RIN market 

and functioning of the RFS program 

were we to include these 2023 cellulosic 

carryover RINs when determining the 

magnitude of the appropriate reduction 

for the 2024 cellulosic biofuel volume 

requirement (i.e., EPA maintains 

concerns with intentionally drawing 

down the number of available cellulosic 

carryover RINs for 2025 to zero), 

particularly since the 0.09 billion total 

cellulosic RIN deficit from 2023 is 0.06 

billion RINs greater than the 0.03 billion 

2023 cellulosic RINs available for use in 

2024, and CWCs would not be available 

to provide compliance flexibility. 

Nevertheless, we also request 

comment on how we should consider 

2023 cellulosic carryover RINs and the 

total cellulosic RIN deficit from 2023 in 

determining the magnitude of the 2024 

cellulosic biofuel volume requirement 

reduction. Specifically, we request 

comment on: (1) Using the general 

waiver authority to reduce the 2024 

cellulosic biofuel volume requirement 

to 0.88 billion RINs, as proposed; and 

(2) Alternatively, using the general 

waiver authority to reduce the 2024 

cellulosic biofuel volume requirement 

to either 0.97 billion RINs (the projected 

cellulosic RIN generation for 2024) or 

0.91 billion RINs (0.97 billion projected 

cellulosic RIN generation for 2024 plus 

0.03 billion 2023 cellulosic carryover 

RINs less 0.09 billion total cellulosic 

RIN deficit from 2023). We also request 

comment on whether there is any other 

2024 cellulosic biofuel volume 

requirement that we should consider 

(e.g., a volume lower than 0.88 billion 

RINs or a volume higher than 0.97 

billion RINs). 

Finally, while the general waiver 

authority allows EPA to reduce the 

volume requirements for other 

renewable fuel categories, we are not 

proposing to change the 2024 advanced 

biofuel and total renewable fuel 

standards. Based on RIN generation data 

through September 2024, we project that 

advanced and total RIN generation for 

2024 will exceed the required volumes 

by over 2.6 billion RINs and 2.0 billion 

RINs, respectively, notwithstanding the 

projected shortfall in cellulosic biofuel 

production.42 This is in contrast to the 

proposed reduction in cellulosic biofuel 

of 0.21 billion RINs. Thus, we believe 

reductions to the 2024 advanced biofuel 

and total renewable fuel volume 

requirements are not necessary or 

warranted based on the available supply 

data, given that the market has already 

provided volumes in excess of the 

requirement established in the Set Rule. 

We seek comment on this 

determination. 

The proposal to reduce the 2024 

cellulosic biofuel volume requirement is 

expected to have an economic impact. 

However, quantitatively projecting the 

economic impact of this reduction is 

challenging for several reasons. First, 

the proposed partial waiver is due to an 

inadequate domestic supply of 

cellulosic biofuel in 2024. Higher 

volumes of cellulosic RINs cannot 

simply be made available at greater 

prices; instead, obligated parties will be 

unable to purchase additional quantities 

of 2024 cellulosic RINs at any price. The 

potential economic impact of this action 

is further complicated by the fact that 

while some obligated parties can defer 

some or all of their 2024 cellulosic 

biofuel obligation to 2025, other 

obligated parties that carried a cellulosic 

RIN deficit from 2023 into 2024 are 

required to fully satisfy their cellulosic 

biofuel obligations in 2024 (including 

the cellulosic RIN deficit carried 

forward from 2023). Any party that fails 

to do so would likely be in noncompliance and may be subject to 

penalties. 

Despite the complications associated 

with estimating the economic impacts of 

this action, we can determine that it 

would result in cost savings. This action 

proposes to reduce only the 2024 

cellulosic biofuel volume requirement. 

Because we are not proposing to reduce 

the 2024 advanced biofuel and total 

renewable fuel volume requirements, 

this action would effectively replace the 

waived cellulosic biofuel volume with 

additional volumes of advanced biofuel, 

which generally has a lower marginal 

cost than cellulosic biofuel.43

Finally, we can reasonably project 

that because this action would reduce 

demand for cellulosic RINs, it is 

expected to directionally decrease 

cellulosic RIN prices. The exact 

magnitude of this price reduction 

depends on a wide range of market 

factors that prevent us from quantitively 

projecting a RIN price impact. At the 

same time, because this action 

incrementally increases demand for 

advanced RINs, it is projected to 

directionally increase BBD and 

advanced RIN prices. We note, however, 

that this price impact is expected to be 

relatively small, as this action would 

increase demand by only about 2 

percent of the projected supply of 

advanced biofuel.44

V. Request for Comment on the 

Availability of the Cellulosic Waiver 

Authority for 2024 

As discussed in section II.C, the CAA 

also provides EPA with the ability to 

reduce the cellulosic biofuel volume 

requirement using the CAA section 

211(o)(7)(D) cellulosic waiver authority 

in certain circumstances. The cellulosic 

waiver authority differs from the general 

waiver authority in several respects. 

This section discusses how the general 

and cellulosic waiver authorities differ, 

how EPA could use the cellulosic 

waiver authority to reduce the 2024 

cellulosic biofuel volume requirement if 

it is available in this instance, and 

solicits comment on the implications of 

such use. Specifically, we request 

comment on whether the cellulosic 


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45Sinclair, 101 F.4th at 885. 

46Unlike cellulosic RINs—which apply towards 

an obligated party’s cellulosic biofuel, advanced 

biofuel, and total renewable fuel obligations—CWCs 

only apply towards an obligated party’s cellulosic 

biofuel obligation and not toward their nested 

advanced biofuel and total renewable fuel 

obligation. Obligated parties that satisfy their 

cellulosic biofuel obligations with CWCs would 

therefore also have to purchase additional BBD or 

advanced RINs to meet their associated advanced 

biofuel and total renewable fuel obligations. 

47Set Rule RTC, p. 9. 

48 88 FR 44513 (July 12, 2023). 

49Although the general and cellulosic waiver 

authorities are separate and independent of each 

other, the two could potentially be used together; 

in the past, EPA has waived volume requirements 

using two distinct waiver authorities concurrently. 

See, e.g., 87 FR 39600, 39608 (July 1, 2022) (revising 

2020 RFS volumes to the volumes actually used in 

that year using both the cellulosic waiver authority 

and the reset authority). 

50 40 CFR 80.1456(d)(2). 

51This data is publicly available at: https://

www.eia.gov/dnav/pet/pet_pri_spt_s1_m.htm. 

waiver authority is available to EPA to 

reduce the required volume of cellulosic 

biofuel in the current circumstances. 

This section also discusses a 

methodological change that would be 

necessary for EPA to set the price of 

CWCs, if the cellulosic waiver authority 

is available to EPA and is used in the 

future. 

A. Use of the Cellulosic Waiver 

Authority 

In contrast to the general waiver 

authority, the cellulosic waiver 

authority provides more specificity as to 

when it is available and how the volume 

reduction should be determined when 

acting under the authority. When EPA 

determines that a waiver of the 

cellulosic biofuel volume requirement is 

appropriate under CAA section 

211(o)(7)(D)(i), then EPA is to reduce 

the required cellulosic biofuel volume 

to ‘‘the projected volume available.’’ We 

have previously interpreted the phrase 

‘‘projected volume available’’ to exclude 

carryover RINs when determining the 

volume adjustment to be made; this 

interpretation was affirmed by the D.C. 

Circuit in Sinclair.45

If applied alone in the current 

circumstances—that is, if EPA were to 

use only the cellulosic waiver authority 

to reduce the 2024 cellulosic biofuel 

volume requirement and exclude 

consideration of the 0.09 billion total 

cellulosic RIN deficit from 2023 carried 

into 2024—then EPA could only reduce 

the cellulosic biofuel volume 

requirement to the projected volume 

available of 0.97 billion RINs in 2024. In 

accordance with the statute, EPA would 

also be required to make CWCs available 

to obligated parties, which could be 

used—along with additional BBD or 

advanced RINs—to cover the remaining 

shortfall. The availability of CWCs 

would help ensure RFS program 

stability by reducing the likelihood that 

obligated parties may be forced into 

non-compliance with their RFS 

obligations; any obligated party that is 

unable to acquire sufficient cellulosic 

RINs to comply with their 2024 

cellulosic biofuel obligations—plus any 

cellulosic RIN deficit carried from 

2023—would be able to purchase CWCs 

to cover the shortfall.46 As discussed in 

detail in section II.C, the availability of 

CWCs as an alternative compliance 

mechanism, along with the value of an 

advanced RIN, would effectively serve 

as a cellulosic RIN price cap. 

We request comment on whether the 

cellulosic waiver authority is available 

to partially waive the 2024 cellulosic 

biofuel volume requirement. The initial 

2024 applicable volumes and associated 

percentage standards are already based 

on an EPA-calculated ‘‘projected 

volume available’’ pursuant to the CAA 

section 211(o)(2)(B)(ii) and (iv) set 

authority (i.e., not the table Congress 

established in CAA section 

211(o)(2)(B)(i)(III)). While EPA 

explained its view in the Set Rule— 

which was the first rule promulgated 

using the set authority—that ‘‘our 

waiver authorities remain available as 

applied to the volumes set in this 

action,’’ 47 we also stated that, ‘‘Congress 

has instructed us to begin a new phase 

of the RFS program, one in which there 

are no statutory volume targets. This has 

important implications for the use of 

our cellulosic waiver authority and the 

availability of cellulosic waiver credits 

in future years . . . .’’ 48

If a commenter believes that the 

cellulosic waiver authority is available 

in this instance, we additionally request 

comment on: (1) Exercising both the 

general and cellulosic waiver authorities 

concurrently to partially waive the 2024 

cellulosic volume biofuel requirement 

to 0.97 billion RINs; 49 (2) Using the 

general and cellulosic waiver authorities 

sequentially, rather than concurrently, 

to first partially waive the 2024 

cellulosic biofuel volume requirement 

from 1.09 billion RINs to 0.97 billion 

RINs under the cellulosic waiver 

authority, and then further waive the 

volume requirement using the general 

waiver authority—from 0.97 billion 

RINs to a lower volume, such as 0.88 or 

0.91 billion RINs; and (3) Whether to 

also reduce the 2024 advanced biofuel 

and total renewable fuel volume 

requirements by the same or lesser 

amount as the volume of cellulosic 

biofuel partially waived under the 

cellulosic waiver authority. 

B. Change to Calculation of Cellulosic 

Waiver Credit Price 

As discussed in section II.C, for any 

year for which EPA uses the cellulosic 

waiver authority to reduce the required 

volume of cellulosic biofuel, EPA must 

provide obligated parties the 

opportunity to purchase CWCs. The 

price of these credits is determined 

using a formula specified in CAA 

section 211(o)(7)(D)(ii), which is ‘‘at the 

higher of $0.25 per gallon or the amount 

by which $3.00 per gallon exceeds the 

average wholesale price of a gallon of 

gasoline in the United States,’’ adjusted 

for inflation. The RFS regulations 

specify that the ‘‘U.S. Total Gasoline 

Bulk Sales (Price) by Refiners as 

provided by the Energy Information 

Administration’’ is to be used to 

determine the average wholesale price 

of gasoline and the inflation 

adjustment.50 However, this data source 

is no longer being issued by the EIA and 

has not been updated since March 2022. 

While EPA is not proposing to use the 

cellulosic waiver authority in this 

action, EPA is nevertheless proposing to 

revise its regulations to point to a new 

data source for the average wholesale 

price of gasoline to be used in the 

calculation of the CWC price in the 

event the cellulosic waiver authority is 

used in the future. The only wholesale 

gasoline prices currently reported by 

EIA are spot prices for New York Harbor 

(conventional gasoline), U.S. Gulf Coast 

(conventional gasoline), and Los 

Angeles (RBOB regular gasoline).51 EPA 

is proposing to calculate the average 

wholesale gasoline price using a 

weighted average of EIA’s reported spot 

prices for wholesale gasoline using the 

following weighting factors: 

TABLE V.B–1—WEIGHTING FACTORS

FOR CALCULATING THE AVERAGE

WHOLESALE GASOLINE PRICE

EIA spot price 

Weighting 

factor a

(%) 

New York Harbor (conventional 

gasoline) .................................. 37.5 

U.S. Gulf Coast (conventional 

gasoline) .................................. 37.5 


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52See ‘‘Proposed 2024 Cellulosic Waiver Credit 

Price Calculation,’’ available in the docket for this 

action. 

53 40 CFR 80.1407. 

54 88 FR 44519–21 (July 12, 2023). 

55See ‘‘Calculation of Proposed 2024 Cellulosic 

Biofuel Percentage Standard,’’ available in the 

docket for this action. 

56The quarterly reporting deadlines are March 

31, June 1, September 1, and December 1. 40 CFR 

80.1451(f)(2). 

57 40 CFR 80.1464(d)(1)(i). 

58 87 FR 5696 (February 2, 2022). 

59 40 CFR 80.1451(f)(1)(i)(A). 

TABLE V.B–1—WEIGHTING FACTORS

FOR CALCULATING THE AVERAGE

WHOLESALE GASOLINE PRICE— 

Continued 

EIA spot price 

Weighting 

factor a

(%) 

Los Angeles (RBOB regular gasoline) ....................................... 25.0 

aWeighting factors based on approximate 

amounts of conventional gasoline (CG) and 

reformulated gasoline (RFG) sold in the United 

States, with an equal weighting factor for the 

New York Harbor and U.S. Gulf Coast CG 

prices. EPA currently estimates that approximately 25 percent of gasoline sold in the 

United States is RFG (https://www.epa.gov/ 

gasoline-standards/reformulated-gasoline). 

Consistent with the approach used for 

the previous EIA data source, EPA is 

proposing to calculate the CWC price 

using average monthly gasoline spot 

price data from the 12-month period 

ending June of the year prior to the 

relevant year (e.g., July 2022 to June 

2023 for the 2024 CWC price). For 

illustration purposes, if EPA were to use 

the cellulosic waiver authority to 

partially waive the 2024 cellulosic 

biofuel volume requirement, using the 

proposed data sources and weighting 

factors would result in a 2024 CWC 

price of $1.61.52 We request comment 

on the proposed amendment to 40 CFR 

80.1456(d)(2) to identify new data 

sources and weighting factors for the 

average wholesale price of gasoline and 

welcome comments about any 

alternative data sources or approaches 

to the weighting factors. 

VI. Calculation of 2024 Cellulosic 

Biofuel Percentage Standard 

The obligated parties to which the 

percentage standards apply are 

producers and importers of gasoline and 

diesel, as defined by 40 CFR 80.2. Each 

obligated party multiplies the 

percentage standards by the sum of all 

non-renewable gasoline and diesel they 

produce or import to determine their 

Renewable Volume Obligations 

(RVOs).53 The RVOs are the number of 

RINs that the obligated party is 

responsible for procuring and retiring to 

demonstrate compliance with the 

applicable standards for that year. As 

described in section IV, we are 

proposing to use the general waiver 

authority to partially waive the 2024 

cellulosic biofuel volume requirement 

down to 0.88 billion RINs. 

The formula used to calculate the 

cellulosic biofuel percentage standard 

applicable to obligated parties as a 

function of their gasoline and diesel fuel 

production or importation is provided 

in 40 CFR 80.1405(c). Using the same 

values from the Set Rule for the 

variables in this formula other than 

RFVCB (the cellulosic biofuel volume),54

we have calculated the proposed revised 

cellulosic biofuel percentage standard 

for 2024 to be 0.51 percent, down from 

0.63 percent.55 This percentage standard 

is included in the proposed regulations 

at 40 CFR 80.1405(a) and would apply 

to producers and importers of gasoline 

and diesel. 

VII. Extension of Compliance Deadlines 

A. Extension of 2024 Compliance 

Reporting Deadline 

While the current 2024 compliance 

reporting deadline of March 31, 2025, is 

still several months away, we expect 

that promulgation of the revised 2024 

cellulosic biofuel standard will not 

occur until very close to or after this 

deadline. Therefore, in order to provide 

obligated parties with sufficient time to 

carry out and adjust their compliance 

strategies once we finalize the revised 

2024 cellulosic biofuel standard, we are 

proposing to extend the 2024 

compliance reporting deadline from 

March 31, 2025, to the next quarterly 

compliance reporting deadline after the 

effective date of the final rule 

establishing the revised 2024 cellulosic 

biofuel standard.56 By operation of law, 

the 2024 attest engagement deadline 

would also be extended to the next June 

1 annual attest engagement reporting 

deadline after the revised 2024 

compliance deadline.57 We request 

comment on the proposed 2024 

compliance reporting deadline. 

To illustrate the potential timing of 

these deadlines, if the final rule 

establishing the revised 2024 cellulosic 

biofuel standard is published in the 

Federal Register on May 15, 2025, then 

the effective date of the action would 

typically be 60 days later on July 14, 

2025, and the 2024 compliance 

reporting deadline would be September 

1, 2025, because that would be the next 

quarterly reporting deadline after the 

effective date of the revised 2024 

cellulosic biofuel standard. The 2024 

attest engagement reporting deadline 

would then be June 1, 2026, because 

that would the next June 1 annual attest 

engagement reporting deadline after the 

revised 2024 compliance deadline. 

B. Extension of Future RFS Compliance 

Reporting Deadlines 

In 2022, EPA finalized changes to the 

way the RFS compliance and attest 

engagement reporting deadlines are 

determined.58 Prior to that action, the 

compliance and attest engagement 

reporting deadlines for a given 

compliance year were March 31 and 

June 1 of the subsequent year, 

respectively, even if EPA had not yet 

established the applicable RFS 

standards for that year. Any change to 

these deadlines required EPA to 

undertake a notice-and-comment 

rulemaking process to revise the RFS 

regulations on a case-by-case basis. 

However, under the new provisions 

finalized in 2022, the annual 

compliance reporting deadline is the 

latest date of the following: 59

• March 31st of the subsequent 

calendar year; 

• The next quarterly reporting 

deadline after the effective date of the 

subsequent compliance year’s standards 

(typically 60 days after publication of 

the final rule in the Federal Register); 

or 

• The next quarterly reporting 

deadline under 40 CFR 80.1451(f)(2) 

after the annual compliance reporting 

deadline for the prior compliance year. 

In this action, we are proposing to add 

a new provision that would 

automatically extend the annual 

compliance reporting deadline for a 

given compliance year if EPA proposes 

to revise an existing RFS standard for 

that year. Under this approach, the 

publication of a document in the 

Federal Register proposing to revise a 

renewable fuel standard in 40 CFR 

80.1405(a) would automatically extend 

the annual compliance reporting 

deadline for that year to the next 

quarterly reporting deadline after either: 

(1) The effective date of the final rule 

that revises the existing standard 

(typically 60 days after publication of 

the final rule in the Federal Register); 

or (2) 60 days after the publication of a 

document in the Federal Register 

withdrawing the proposed revision. 

However, if EPA does not either finalize 

or withdraw the proposed revision 

within 12 months after the proposed 

rule is published, we are proposing to 

limit the extension in this specific 

circumstance to no more than the next 

quarterly reporting deadline that is 12 


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60We note that under any of these scenarios, the 

applicable compliance reporting deadline in 40 CFR 

80.1451(f)(1)(i)(A) or (B) of this section would apply 

if it were later than the proposed extension (e.g., the 

deadline would be no earlier than March 31 of the 

subsequent calendar year or the next quarterly 

reporting deadline after the annual compliance 

reporting deadline for the prior compliance year). 61Note that the 2025 compliance deadline will 

not be established until the 2026 RFS standards 

become effective in 40 CFR 80.1405(a). 

62 86 FR 17073 (April 1, 2021); 87 FR 5696 (Feb. 

2, 2022). 

63Wynnewood Refining Co., LLC, et al. v. EPA, 77 

F.4th 767, 779 (D.C. Cir. 2023) (‘‘Thus, rather than 

task EPA with overseeing a fixed compliance 

schedule, the Act gives EPA flexibility to craft and 

adjust a compliance regime in service of the Act’s 

core mandate: to ensure the Act’s annual renewable 

fuel volumes are met.’’). See also ACE, 864 F.3d at 

718–21; Monroe Energy, LLC v. EPA, 750 F.3d 909, 

919–20 (D.C. Cir. 2014); Nat’l Petrochemical & 

Refiners Ass’n v. EPA, 630 F.3d 145, 154–58) (D.C. 

Cir. 2010). 

64 40 CFR 80.110(f)(2)(iii). 

65 40 CFR 80.135(d)(6). 

months after the date of publication of 

the proposed rule.60 We believe that this 

provides sufficient time for EPA to 

either finalize or withdraw the proposed 

revision to an existing RFS standard and 

do not want to indefinitely extend the 

compliance reporting deadline for a 

compliance year with already 

established RFS standards. 

Essentially this new provision means 

that the mere proposal—as opposed to 

a final action—by EPA to change an 

existing RFS standard would change the 

associated compliance reporting 

deadline. This change is being proposed 

because by the time the need is evident 

to extend the deadline, there is often 

inadequate time to both propose and 

finalize a rulemaking to do so. As an 

example, under this proposed approach, 

if the 2025 compliance deadline was 

originally established as March 31, 

2026,61 but then EPA proposed to revise 

the 2025 cellulosic biofuel standard on 

September 1, 2025, the 2025 compliance 

reporting deadline would be 

automatically extended until the first 

quarterly reporting deadline after the 

effective date of the final rule setting the 

revised 2025 cellulosic biofuel standard. 

And EPA would not have to separately 

propose to extend the 2025 compliance 

reporting deadline in that same action, 

because the deadline would be 

automatically extended by operation of 

law. If EPA then finalized the proposed 

revision to the 2025 cellulosic biofuel 

standard on January 15, 2026, with an 

effective date of March 15, 2026, the 

2025 compliance reporting deadline 

would still be March 31, 2026 (i.e., the 

next quarterly reporting deadline after 

the effective date of the final rule). 

Alternatively, if EPA chose not to 

finalize the proposed revision to the 

2025 cellulosic biofuel standard and 

published a document in the Federal 

Register to withdraw the proposed 

revision on February 15, 2026, the 2025 

compliance reporting deadline would be 

June 1, 2026 (i.e., the next quarterly 

reporting deadline that is at least 60 

days after publication of that document 

in the Federal Register). Finally, if EPA 

took no action after proposing to revise 

the 2025 cellulosic biofuel standard, the 

2025 compliance deadline would be 

March 31, 2027 (i.e., 12 months later 

than the otherwise applicable 

compliance reporting deadline of March 

31, 2026, under 40 CFR 

80.1451(f)(1)(i)(A)). 

Finally, we are also proposing to 

consolidate and simplify the existing 

provisions for the annual attest 

engagement deadline. Specifically, we 

are proposing to specify that the 

deadline is always the next June 1 

annual attest engagement reporting 

deadline after the annual compliance 

reporting deadline. The current 

language at 40 CFR 80.1464(d)(1) 

contains redundant and year-specific 

attest engagement deadline language 

that, for a given compliance year, all 

result in the same June 1 deadline, 

making the existing structure 

unnecessarily complicated. The 

proposed simplified attest engagement 

deadline language would not change the 

deadline for any compliance year but 

would make it easier for obligated 

parties to understand when their annual 

attest engagement reports are due. 

This proposed approach would 

provide regulatory certainty for 

obligated parties by clearly establishing 

future compliance deadlines when EPA 

proposes to change a previously 

established RFS standard, thereby 

preventing unnecessary burden on 

obligated parties to prepare, submit, and 

then possibly retract and revise 

compliance reports for deadlines that 

were later extended. This approach is 

consistent with EPA’s prior rules 

extending RFS compliance reporting 

deadlines in different factual 

circumstances 62 and with D.C. Circuit’s 

case law.63 We request comment on all 

aspects of this proposal to extend future 

RFS compliance reporting deadlines as 

an operation of law. 

VIII. Other RFS Amendments 

In addition to waiving the 2024 

cellulosic biofuel volume requirement, 

we are also proposing several revisions 

to the RFS program, as further discussed 

in this section. 

A. Biogas Regulations 

1. Measurement, Sampling, and Testing 

We are proposing to align the testing 

frequency of pipeline-specified 

components for RNG with the reporting 

frequency. Currently, RNG producers 

must annually sample and test their 

RNG to demonstrate that the RNG 

production facility is producing RNG 

that meets applicable pipeline 

specifications,64 and they must submit 

these results as part of their three-year 

registration updates.65 Stakeholders 

have highlighted the disconnect 

between the annual testing requirement 

and the three-year reporting 

requirement. Since we only collect this 

information during the three-year 

update, we believe it appropriate to only 

require sampling and testing of RNG 

once every three years, rather than each 

year, and are proposing revisions to 40 

CFR 80.110(f)(2)(iii) to this end. 

We are also proposing to clarify the 

regulations to reinforce that we may 

approve alternative test methods for 

testing components of RNG and that we 

may exempt the testing of a component 

that is not required under the RNG 

producer’s applicable pipeline 

specifications. Specifically, we are 

proposing to revise the regulations at 40 

CFR 80.135(d)(6), which contain the 

information related to RNG quality that 

RNG producers must provide (including 

certificates of analysis for RNG 

components), to allow alternatives to 

the test methods for individual RNG 

components that are specified at 40 CFR 

80.155(b). We would assess alternative 

test methods based on whether the 

requested alternative test method 

provides results that are reasonably 

accurate to the results provided by the 

method specified at 40 CFR 80.155(b). 

While under 40 CFR 80.135(d)(6)(v) 

RNG producers can already request 

alternative methods and exemption 

from non-specified parameters, we 

believe that adding further clarification 

would help alleviate stakeholder 

confusion concerning the sampling and 

testing requirements for RNG. 

In order to streamline the alternative 

measurement protocol approval and 

registration acceptance process, we are 

proposing to remove the requirement 

that biogas and RNG production 

facilities must demonstrate that their 

facility is incapable of using certain 

specified meters in order to receive an 

alternative measurement protocol. After 

promulgation of the biogas regulatory 

reform provisions in the Set Rule, we 

have received dozens of alternative 

measurement protocol submissions and 

issued guidance for the application of 

the criterion that a facility demonstrate 

that it is incapable of using the specified 


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66See ‘‘Biogas Regulatory Reform Rule Criteria for 

Qualifying for an Alternative Measurement Protocol 

Guidance,’’ EPA–420–B–24–014, March 2024. 

67A list of approved alternative measurement 

protocols can be found at: https://www.epa.gov/ 

fuels-registration-reporting-and-compliance-help/ 

alternative-measurement-protocols-biogas-and. 

68 40 CFR 80.155(a)(3)(i). 

69 40 CFR 80.135(c)(3)(iii)(A) and (d)(3)(iii)(A). 

70The proposed revisions in this paragraph 

would not impact the measurement of RNG nor 

would they affect the measurement of flow for 

biogas. 

71 40 CFR 80.155(a)(1). 

72 88 FR 44535 (July 12, 2023). 

meters.66 We have determined that 

many of these meters are as accurate 

and precise as those specified in the 

regulations, and have also received a 

number of registration submissions for 

facilities that have demonstrated the 

appropriateness of using such meters.67

Based on our review of the alternative 

measurement protocol and registration 

submissions and the new information 

we have obtained in the course of this 

review, we believe that the first criterion 

whereby a facility must demonstrate 

that they cannot use the specified 

meters is not necessary to ensure the 

accurate and precise measurement of 

biogas and RNG under the RFS 

program.68 We are also proposing to 

remove the associated requirement that 

biogas producers and RNG producers 

demonstrate at registration that they are 

unable to use the meters specified.69

We are also proposing to clarify at 40 

CFR 80.155(a) that the measurement of 

renewable CNG/LNG can be done 

through documentation (e.g., utility 

statements) obtained by the CNG/LNG 

dispenser. Because these statements are 

typically based on readings from meters 

that generally comport with the alreadyspecified meter standards, we believe 

this is an appropriate approach for RNG 

RIN separators to determine the amount 

of renewable CNG/LNG used as 

transportation fuel. 

Finally, we are proposing to modify 

the measurement requirements at 40 

CFR 80.155(a) for the measurement of 

energy content of biogas, specifically.70

This proposed revision would allow for 

the use of biogas quality analyzers 

accepted by EPA at registration instead 

of the currently specified gas 

chromatographs (GCs).71 As noted when 

finalizing the current measurement 

requirements, we requested but did not 

receive standards for alternative 

measurement devices that commenters 

suggested we allow in addition to GCs.72

In the absence of such standards, we 

provided only for the use of GCs. 

However, since then we have received 

much more extensive information and 

documentation on alternative devices 

for measuring both RNG and biogas. For 

biogas heat content measurement, in 

particular, analyzers differ from GCs 

both in terms of their cost to install and 

operate as well as in the types of gases 

and other constituents of biogas that are 

measured. And we have learned that, 

unlike GCs, for biogas measurement 

devices there is no readily available 

industry standard for these analyzers to 

be designed and operated to. We are 

therefore proposing to revise the 

regulations to provide a different set of 

requirements for biogas measurement 

devices. 

While in theory it would be 

appropriate for biogas analyzers to 

measure the same constituents and meet 

the same standards of precision and 

accuracy as GCs, our review of recently 

received information has revealed that, 

at this time, it is more reasonable to 

evaluate biogas measurement devices 

differently. We are thus proposing that 

such devices may forgo the alternative 

measurement protocol process specified 

at 40 CFR 80.155(a)(3). Instead, EPA 

would assess biogas measurement 

devices on a case-by-case basis at 

registration. We believe that for the 

measurement of heat content for biogas, 

these biogas quality analyzers serve as a 

reasonable method to determine the 

volume of biogas produced at a biogas 

production facility. However, we 

continue to believe that the 

measurement of RNG through a GC or a 

method that a party has demonstrated to 

be as accurate, precise, and reliable as 

a GC is needed. The measurement of 

volume of RNG is integral to the 

determination of the number of RINs 

that an RNG producer can generate for 

such volume. As such, only methods 

that comport to established industry 

standards (e.g., GCs meeting ASTM 

D7164 as specified at 40 CFR 

80.155(a)(1)) or those that have been 

demonstrated to be just as rigorous 

should be allowed. 

Finally, we note that due to the 

numerous proposed changes to the 

provisions of 40 CFR 80.155(a) in this 

action, we are proposing to restructure 

40 CFR 80.155(a) to ensure that the 

measurement requirements for biogas, 

treated biogas, RNG, and renewable 

CNG/LNG are clearly enumerated. We 

request comment on the proposed 

changes to the measurement, sampling, 

and testing requirements described in 

this section. 

2. Other Amendments 

We are proposing to clarify the 

provisions surrounding the annual attest 

engagement procedures for biogas 

producers, RNG producers, and RNG 

RIN separators at 40 CFR 80.165. These 

changes would clarify that annual attest 

engagements are only required for 

parties that engage in activities 

regulated under biogas regulatory 

reform in a given compliance year (e.g., 

an RNG RIN separator only needs to 

obtain an annual attest engagement if 

they separate RNG RINs in a compliance 

year). 

We are proposing to clarify that all 

biogas production facilities registered 

under the previous biogas provisions 

(i.e., registered under 40 CFR 80.1450(b) 

to generate RINs under 40 CFR 

80.1426(f)(10) or (11)) do not need 

updated engineering reviews as part of 

registering for the new biogas 

provisions. In the Set Rule, we intended 

to allow all previously registered biogas 

production facilities that did not 

undergo changes as a result of the new 

biogas provisions to rely on their 

existing engineering reviews until their 

next three-year engineering review is 

due. However, after promulgation of the 

new biogas provisions, stakeholders 

noted that the language in the 

regulations appears to limit this 

allowance to only those biogas 

production facilities in a biogas closed 

distribution system. Therefore, we are 

proposing to revise 40 CFR 

80.135(b)(2)(iii) to make it clear that all 

previously registered biogas production 

facilities can use their existing 

engineering review until the next one is 

due. We note, however, that if changes 

to the facility are needed that would 

otherwise require a new engineering 

review, the new engineering review 

must be submitted regardless of this 

flexibility. 

We are also proposing two changes to 

the registration requirements for RNG 

RIN separators under 40 CFR 80.135(f). 

First, we are proposing that, as part of 

the information submitted at 

registration, RNG RIN separators must 

provide the location on the natural gas 

commercial pipeline system where the 

RNG is withdrawn, which is 

information we already require to be 

reported in periodic reports under 40 

CFR 80.140(e)(1). In addition, as part of 

the forms and procedures established 

for those reports, we require that the 

RNG RIN separator include an EPAissued facility registration system 

identification (FRS ID) number. While 

most withdrawal points have previously 

assigned FRS ID numbers, some do not. 

Due to how EPA’s registration system is 

designed, the only way to obtain those 

new FRS ID numbers is at the point of 

registration. Therefore, to aid in the 

timely submittal of reports, we are 

clarifying that RNG RIN separators must 

supply the withdrawal locations at 

registration. 


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73The currently approved burdens are 83,393 

hours and $5,684,472. This proposed rule would 

result in 81,833 hours and $5,325,672. The 

difference is a reduction in burden 1,560 hours and 

$358,800. 

Second, we are proposing to remove 

the limitation at 40 CFR 80.115(b) that 

a CNG/LNG dispensing location may 

only be part of one RNG RIN separator’s 

registration at a time. Based on our 

experience implementing the program, 

it is difficult for parties to know which 

RNG RIN separator has registered for a 

particular CNG/LNG dispensing 

location. Under the existing framework, 

there is currently a perverse incentive 

for an RNG RIN separator to register for 

a CNG/LNG dispensing location in order 

to block another party from registering 

that location and prevent that party 

from separating RNG RINs for 

transportation fuel dispensed at that 

location—even though the registering 

party does not maintain an actual 

relationship to that location. 

Removing this restriction will allow a 

dispensing location to be in multiple 

parties’ registrations, thereby avoiding 

the situation where one party that does 

not intend to actually dispense 

renewable CNG/LNG can block another 

party that does intend to dispense 

renewable CNG/LNG from separating 

RINs at that location. However, we are 

maintaining the limitation at 40 CFR 

80.125(d)(2)(v) that only one party may 

actually separate RINs for a given CNG/ 

LNG dispensing location during a 

calendar month. We continue to believe 

that this restriction is necessary to 

preclude double counting of RINs 

because it is the limitation that only one 

party can separate RINs for a volume 

dispensed at a station during a given 

month that avoids double-counting, not 

whether multiple parties reflect that 

station in their registration information 

on file with EPA. We request comment 

on the proposed changes to the 

registration requirements for RNG RIN 

separators. 

B. Updated Standard Specification for 

Biodiesel 

We are proposing to update the 

reference to ASTM D6751–20a—which 

is used in the definition of biodiesel in 

40 CFR 80.2—to reference the most 

recent industry standard of ASTM 

D6751–24. ASTM D6751 is used to 

define the quality of biodiesel that may 

participate in the RFS program, and we 

periodically update industry standards 

codified in our regulations to be 

consistent with changes to these 

standards over time. However, since 

publication of the Set Rule, industry has 

updated ASTM D6751 in a way that has 

resulted in inconsistency of quality 

standards between the version currently 

specified in the RFS regulations (ASTM 

D6751–20a) and the most recent version 

(ASTM D6751–24), which many states 

use. To address potential confusion on 

the part of stakeholders with regards to 

acceptable biodiesel quality under the 

RFS program, we are proposing to 

update the regulations to reference the 

most recent version of ASTM D6751. As 

also noted in section IX.I, should a 

newer version of ASTM D6751 be 

released prior to finalization of this 

action, we will consider including a 

reference to that most recent version. 

C. Technical Corrections 

We are proposing several technical 

amendments to 40 CFR part 80. These 

amendments are being made to correct 

minor inaccuracies and clarify the 

current regulations. These proposed 

changes are described in table VIII.C–1. 

TABLE VIII.C–1—MISCELLANEOUS TECHNICAL CORRECTIONS AND CLARIFICATIONS

Part and section of Title 40 Description of revision 

80.2 ................................................. Correcting a typo in the definition of ‘‘Glycerin’’. 

80.105(j)(3) and 80.110(j)(3) ........... Clarifying that batch numbers are numbered based on the compliance year of the batch, rather than the 

calendar year. 

IX. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is a ‘‘significant regulatory 

action’’ as defined in Executive Order 

12866, as amended by Executive Order 

14094. Accordingly, EPA submitted this 

action to the Office of Management and 

Budget (OMB) for Executive Order 

12866 review. Documentation of any 

changes made in response to the 

Executive Order 12866 review is 

available in the docket. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities related 

to this proposed rule and has assigned 

the following OMB control numbers 

2060–0725, 2060–0740, and 2060–0749. 

This proposed action would reduce the 

required cellulosic biofuel volume for 

2024, make minor revisions to the RFS 

program’s biogas regulations, and would 

not impose new or different reporting 

requirements on regulated parties than 

already exist for the RFS program. In 

fact, this proposed rule is expected to 

reduce the recordkeeping and reporting 

burden that is currently approved under 

OMB control number 2060–0749, 

because it would reduce the frequency 

of sampling, testing, and measurements 

for RNG producers. The expected 

reduction is 1,560 hours and 

$358,800.73 EPA intends to submit a 

non-substantive revision to OMB to 

reflect the reduction in hours and dollar 

cost with the final rule. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, EPA concludes that the 

impact of concern for this proposed rule 

is any significant adverse economic 

impact on small entities and that the 

agency is certifying that this proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

proposed rule relieves regulatory 

burden on the small entities subject to 

the proposed rule. 

For the biogas regulations, we are 

modifying the biogas provisions to make 

compliance less burdensome for 

regulated parties. With respect to the 

other amendments to the RFS 

regulations, this action makes minor 

corrections and modifications to those 

regulations. As such, we do not 

anticipate that there will be any 

significant adverse economic impact on 

directly regulated small entities as a 

result of these revisions. 

The small entities directly regulated 

by the RFS program are small refiners, 

which are defined at 13 CFR 121.201. 

This action would decrease burden via 

a reduction in required cellulosic 

biofuel volume for 2024. We have 

therefore concluded that this action will 


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relieve regulatory burden for all directly 

regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million 

(adjusted annually for inflation) or more 

(in 1995 dollars) as described in UMRA, 

2 U.S.C. 1531–1538, and does not 

significantly or uniquely affect small 

governments. This action reduces the 

2024 cellulosic biofuel volume 

requirement and we believe that this 

action represents the least costly, most 

cost-effective approach to achieve the 

statutory requirements of the proposed 

rule. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. This action will be 

implemented at the Federal level and 

affects transportation fuel refiners, 

blenders, marketers, distributors, 

importers, exporters, and renewable fuel 

producers and importers. Tribal 

governments would be affected only to 

the extent they produce, purchase, and 

use regulated fuels. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. Therefore, this action is 

not subject to Executive Order 13045 

because it reduces the 2024 cellulosic 

biofuel volume requirement and does 

not concern an environmental health 

risk or safety risk. Since this action does 

not concern human health, EPA’s Policy 

on Children’s Health also does not 

apply. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

This action would reduce the required 

cellulosic biofuel volume for 2024 

consistent with the volume of such fuel 

projected to actually be made available 

in 2024. Therefore, it is not expected to 

have any impact on the supply, 

distribution, or use of energy. In general, 

the RFS program is designed to achieve 

positive effects on the Nation’s 

transportation fuel supply by increasing 

energy independence and security. 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action involves technical 

standards. Except for the standards 

discussed in this section, the standards 

included in the regulatory text as 

incorporated by reference were all 

previously approved for incorporation 

by reference (IBR) and no change is 

included in this action. In accordance 

with the requirements of 1 CFR 51.5, we 

are proposing to incorporate by 

reference the following standard from 

ASTM International (ASTM): 

TABLE IX.I–1—STANDARD TO BE INCORPORATED BY REFERENCE

Standard Part and section of Title 40 Summary 

ASTM D6751–24, Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate 

Fuels, approved March 1, 2024.

80.2 and 80.12 .............................. This updated standard describes the characteristics 

of biodiesel. 

A detailed discussion of this standard 

can be found in section VIII.A.2. Copies 

of this standard may be obtained from 

ASTM International, 100 Barr Harbor 

Dr., P.O. Box C700, West 

Conshohocken, PA 19428–2959, by 

calling (877) 909–ASTM, or at https://

www.astm.org. The ASTM standard 

referenced in this proposed rule is also 

available for public review in read-only 

format in the ASTM Reading Room at 

https://www.astm.org/epa.htm only for 

the duration of the public comment 

period. 

ASTM International regularly 

publishes updated versions of its 

standards and test methods, with the 

potential that there will be a published 

version of the document listed above 

before we adopt the final rule that is 

more recent than the document we 

identify in this proposed rule. For any 

such updated version, we will consider 

including a reference to the latest 

document when we finalize the 

revisions covered by this proposed rule. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

EPA believes that this type of action 

does not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on communities with 

environmental justice concerns. This 

action does not affect the level of 

protection provided to human health or 

the environment by applicable air 

quality standards; it addresses a 

shortfall in cellulosic biofuel production 

in 2024. This action does not relax the 

control measures on sources regulated 

by the RFS program and renewable fuel 

production decisions for 2024 have 

largely already been made and are not 

expected to change as a result of this 

action. Therefore, this action would not 

cause emissions increases from these 

sources and is not expected to have any 

impact on environmental justice 

communities. 

X. Statutory Authority 

Statutory authority for this action 

comes from sections 114, 203–05, 208, 

211, and 301 of the Clean Air Act, 42 

U.S.C. 7414, 7522–24, 7542, 7545, and 

7601. 

List of Subjects in 40 CFR Part 80 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Diesel fuel, Fuel 


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100454 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 

additives, Gasoline, Imports, 

Incorporation by reference, Oil imports, 

Petroleum, Renewable fuel. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, EPA proposes to amend 40 

CFR part 80 as follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7542, 

7545, and 7601(a). 

Subpart A—General Provisions 

■ 2. Amend § 80.2 by revising the 

definition for ‘‘Glycerin’’ to read as 

follows: 

§ 80.2 Definitions. 

* * * * * 

Glycerin means a co-product from the 

production of biodiesel that primarily 

contains glycerol. 

* * * * * 

■ 3. Amend § 80.12 by revising 

paragraph (c)(12) to read as follows: 

§ 80.12 Incorporation by reference. 

* * * * * 

(c) * * * 

(12) ASTM D6751–24, Standard 

Specification for Biodiesel Fuel 

Blendstock (B100) for Middle Distillate 

Fuels, approved March 1, 2024 (‘‘ASTM 

D6751’’); IBR approved for § 80.2. 

* * * * * 

Subpart E—Biogas-Derived Renewable 

Fuel 

■ 4. Amend § 80.105 by revising 

paragraph (j)(3) to read as follows: 

§ 80.105 Biogas producers. 

* * * * * 

(j) * * * 

(3) The biogas producer must assign a 

number (the ‘‘batch number’’) to each 

batch of biogas consisting of their EPAissued company registration number, 

the EPA-issued facility registration 

number, the last two digits of the 

compliance year in which the batch was 

produced, and a unique number for the 

batch, beginning with the number one 

for the first batch produced each 

compliance year and each subsequent 

batch during the compliance year being 

assigned the next sequential number 

(e.g., 4321–54321–23–000001, 4321– 

54321–23–000002, etc.). 

* * * * * 

■ 5. Amend § 80.110 by revising 

paragraphs (f)(2)(iii) introductory text 

and (j)(1) and (3) to read as follows: 

§ 80.110 RNG producers, RNG importers, 

and biogas closed distribution system RIN 

generators. 

* * * * * 

(f) * * * 

(2) * * * 

(iii) An RNG producer that injects 

RNG from an RNG production facility 

into a natural gas commercial pipeline 

system must sample and test a 

representative sample of all the 

following at least once every three years, 

as applicable. 

* * * * * 

(j) * * * 

(1) A batch of RNG is the total volume 

of RNG injected into a natural gas 

commercial pipeline system from an 

RNG production facility under a single 

batch pathway for the calendar month, 

in Btu LHV, as determined under 

paragraph (j)(4) of this section. 

* * * * * 

(3) The RNG producer, RNG importer, 

or biogas closed distribution system RIN 

generator must assign a number (the 

‘‘batch number’’) to each batch of RNG 

or biogas-derived renewable fuel 

consisting of their EPA-issued company 

registration number, the EPA-issued 

facility registration number, the last two 

digits of the compliance year in which 

the batch was produced, and a unique 

number for the batch, beginning with 

the number one for the first batch 

produced each compliance year and 

each subsequent batch during the 

compliance year being assigned the next 

sequential number (e.g., 4321–54321– 

23–000001, 4321–54321–23–000002, 

etc.). 

* * * * * 

■ 6. Amend § 80.115 by revising 

paragraph (b) to read as follows: 

§ 80.115 RNG RIN separators. 

* * * * * 

(b) Registration. The RNG RIN 

separator must register with EPA under 

§§ 80.135 and 80.1450 and 40 CFR part 

1090, subpart I, as applicable. 

* * * * * 

■ 7. Amend § 80.125 by revising 

paragraph (c)(3) and adding paragraph 

(d)(5) to read as follows: 

§ 80.125 RINs for RNG. 

* * * * * 

(c) * * * 

(3) Each party that transfers title of an 

assigned RNG RIN has transferred the 

corresponding volume of RNG to the 

transferee. 

(d) * * * 

(5) An assigned RNG RIN must be 

separated by December 31 of the 

subsequent calendar year after the RNG 

RIN was generated. 

* * * * * 

■ 8. Amend § 80.135 by: 

■ a. Revising paragraph (b)(2)(ii); 

■ b. Revising and republishing 

paragraphs (c)(3) and (d)(3); 

■ c. Revising paragraph (d)(6)(v); 

■ d. Adding paragraph (d)(6)(vi); and 

■ e. Revising paragraph (f). 

The revisions and addition read as 

follows: 

§ 80.135 Registration. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) A biogas closed distribution 

system RIN generator or biogas producer 

does not need to submit an updated 

engineering review for any facility 

before the next three-year engineering 

review update is due as specified in 

§ 80.1450(d)(3). 

* * * * * 

(c) * * * 

(3) The following information related 

to biogas measurement: 

(i) A description of how biogas will be 

measured, including the specific 

standards under which the meters are 

operated. 

(ii) A description of the biogas 

production process, including a process 

flow diagram that includes metering 

type(s) and location(s). 

(iii) For an alternative measurement 

protocol under § 80.155(a)(3), all the 

following: 

(A) A description of how 

measurement is conducted. 

(B) Any standards or specifications 

that apply. 

(C) A description of all routine 

maintenance and the frequency that 

such maintenance will be conducted. 

(D) A description of the frequency of 

all measurements and how often such 

measurements will be recorded under 

the alternative measurement protocol. 

(E) A comparison between the 

accuracy, precision, and reliability of 

the alternative measurement protocol 

and the requirements specified in 

§ 80.155(a)(1) and (2), as applicable, 

including any supporting data. 

* * * * * 

(d) * * * 

(3) The following information related 

to RNG measurement: 

(i) A description of how RNG will be 

measured, including the specific 

standards under which the meters are 

operated. 

(ii) A description of the RNG 

production process, including a process 

flow diagram that includes metering 

type(s) and location(s). 

(iii) For an alternative measurement 

protocol under § 80.155(a)(3), all the 

following: 


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Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 100455 

(A) A description of how 

measurement is conducted. 

(B) Any standards or specifications 

that apply. 

(C) A description of all routine 

maintenance and the frequency that 

such maintenance will be conducted. 

(D) A description of the frequency of 

all measurements and how often such 

measurements will be recorded under 

the alternative measurement protocol. 

(E) A comparison between the 

accuracy, precision, and reliability of 

the alternative measurement protocol 

and the requirements specified in 

§ 80.155(a)(1) and (2), as applicable, 

including any supporting data. 

* * * * * 

(6) * * * 

(v)(A) EPA may approve an RNG 

producer’s request of an alternative 

analysis in lieu of the certificates of 

analysis and summary table required 

under paragraphs (d)(6)(i) through (iv) 

of this section if the RNG producer 

demonstrates that the alternative 

analysis provides information that is 

equivalent to that provided in the 

certificates of analysis and that the RNG 

will meet all natural gas specifications 

required under paragraph (d)(5) of this 

section. 

(B) EPA may approve an RNG 

producer’s request of a method other 

than those specified at § 80.155(b)(2) if 

the RNG producer demonstrates that the 

alternative analysis provides 

information that is reasonably accurate 

to that determined by the applicable 

method specified at § 80.155(b)(2). 

(vi) An RNG producer does not need 

to test for a parameter specified in 

§ 80.155(b)(2) if the parameter is not 

included in the pipeline specifications 

submitted at registration under 

paragraph (d)(5) of this section. 

* * * * * 

(f) RNG RIN separator. In addition to 

the information required under 

paragraph (b) of this section, an RNG 

RIN separator must submit all the 

following information: 

(1) A list of locations of any 

dispensing stations where the RNG RIN 

separator supplies or intends to supply 

renewable CNG/LNG for use as 

transportation fuel. 

(2) A list of the names and locations 

of each point where RNG will be 

withdrawn from the natural gas 

commercial pipeline system. 

* * * * * 

■ 9. Amend § 80.155 by: 

■ a. Revising paragraph (a); 

■ b. Removing paragraph (b)(2)(vii); and 

■ c. Redesignating paragraph (b)(2)(viii) 

as paragraph (b)(2)(vii). 

The revision reads as follows: 

§ 80.155 Sampling, testing, and 

measurement. 

(a) Continuous measurement—(1) 

RNG and treated biogas measurement. 

Any party required to measure the 

volume of RNG or treated biogas under 

this subpart must continuously measure 

using meters as specified in paragraphs 

(a)(1)(i) and (ii) of this section or have 

an accepted alternative measurement 

protocol as specified in paragraph (a)(3) 

of this section. 

(i) In-line GC meters compliant with 

ASTM D7164 (incorporated by 

reference, see § 80.12), including 

sections 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, and 

9.11 of ASTM D7164. 

(ii) Flow meters compliant with one 

of the following: 

(A) API MPMS 14.3.1, API MPMS 

14.3.2, API MPMS 14.3.3, and API 

MPMS 14.3.4 (incorporated by 

reference, see § 80.12). 

(B) API MPMS 14.12 (incorporated by 

reference, see § 80.12). 

(C) EN 17526 (incorporated by 

reference, see § 80.12) compatible with 

gas type H. 

(2) Biogas measurement. Any party 

required to measure the volume of 

biogas under this subpart must 

continuously measure using meters as 

specified in paragraphs (a)(2)(i) and (ii) 

of this section or have an accepted 

alternative measurement protocol as 

specified in paragraph (a)(3) of this 

section. 

(i) Flow meters compliant with one of 

the methods specified in paragraph 

(a)(1)(ii) of this section. 

(ii) Gas quality analyzers accepted 

under the party’s registration under 

§ 80.135. 

(3) Alternative measurement 

protocols. EPA may accept an 

alternative measurement protocol if the 

party demonstrates that the alternative 

measurement protocol is at least as 

accurate and precise as the applicable 

methods specified in paragraphs (a)(1) 

and (2) of this section. 

(4) Third-party measurement. (i) A 

biogas producer or RNG producer may 

use measurements conducted by a third 

party using a method specified in 

paragraphs (a)(1) through (3) of this 

section if the producer obtains an 

affidavit from the third party stating that 

the third party will use such method 

and EPA accepts the affidavit as part of 

the producer’s registration under 

§ 80.135. 

(ii) A biogas producer or RNG 

producer relying on the measurement of 

biogas, treated biogas, or RNG by a third 

party under paragraph (a)(4)(i) of this 

section is deemed compliant with the 

continuous measurement requirements 

of this paragraph (a) if the producer 

receives measurement documentation 

from the third party that contains the 

daily (or more frequent) total measured 

volume of biogas, treated biogas, or 

RNG, as applicable. 

(5) RNG RIN seperator measurement. 

An RNG RIN seperator must measure 

natural gas or renewable CNG/LNG 

using one of the following: 

(i) A method specified in paragraphs 

(a)(1) through (3) of this section. 

(ii) Documentation (e.g., a pipeline or 

utility statement) that establishes the 

volume of natural gas or renewable 

CNG/LNG. 

* * * * * 

■ 10. Amend § 80.165 by revising 

paragraph (a)(1) to read as follows: 

§ 80.165 Attest engagements. 

(a) * * * 

(1) The following parties must arrange 

for annual attestation engagement using 

agreed-upon procedures: 

(i) Biogas producers that supplied 

biogas to produce RNG or a biogasderived renewable fuel within the 

compliance year. 

(ii) RNG producers that generated 

RINs within the compliance year. 

(iii) RNG importers that generated 

RINs within the compliance year. 

(iv) Biogas closed distribution system 

RIN generators that generated RINs 

within the compliance year. 

(v) RNG RIN separators that separated 

RINs from RNG within the compliance 

year. 

(vi) Renewable fuel producers that use 

RNG as a feedstock within the 

compliance year. 

* * * * * 

Subpart M—Renewable Fuel Standard 

■ 11. Amend § 80.1405 by revising entry 

‘‘2024’’ in table 1 to paragraph (a) to 

read as follows: 

§ 80.1405 What are the Renewable Fuel 

Standards? 

(a) * * * 


ddrumheller on DSK120RN23PROD with PROPOSALS1
100456 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 

TABLE 1 TO PARAGRAPH (a)—ANNUAL RENEWABLE FUEL STANDARDS

Year 

Cellulosic biofuel 

standard 

(%) 

Biomass-based 

diesel standard 

(%) 

Advanced biofuel 

standard 

(%) 

Renewable fuel 

standard 

(%) 

Supplemental total 

renewable fuel 

standard 

(%) 

*******

2024 ........................................................ 0.51 2.82 3.79 12.50 n/a 

*******

* * * * * 

■ 12. Amend § 80.1451 by: 

■ a. Revising paragraph (f)(1)(i)(A) 

introductory text; and 

■ b. Adding paragraphs (f)(1)(i)(B)(5) 

and (f)(1)(i)(C). 

The revision and additions read as 

follows: 

§ 80.1451 What are the reporting 

requirements under the RFS program? 

* * * * * 

(f) * * * 

(1) * * * 

(i) * * * 

(A) Except as specified in paragraphs 

(f)(1)(i)(B) and (C) of this section, 

obligated parties must submit annual 

compliance reports by whichever of the 

following dates is latest: 

* * * * * 

(B) * * * 

(5) For the 2024 compliance year, 

annual compliance reports must be 

submitted by the next quarterly 

reporting deadline under paragraph 

(f)(2) of this section after the date the 

revised 2024 cellulosic biofuel standard 

becomes effective in § 80.1405(a). 

(C) If EPA publishes a document in 

the Federal Register that proposes to 

revise a renewable fuel standard in 

§ 80.1405(a), annual compliance reports 

for that compliance year must be 

submitted by the following date, as 

applicable: 

(1) If EPA publishes a document in 

the Federal Register that finalizes the 

proposed revision to the renewable fuel 

standard in § 80.1405(a), whichever of 

the following dates is latest: 

(i) The next quarterly reporting 

deadline under paragraph (f)(2) of this 

section after the date the revised 

renewable fuel standard becomes 

effective in § 80.1405(a). 

(ii) The applicable compliance 

reporting deadline under paragraph 

(f)(1)(i)(A) or (B) of this section. 

(2) If EPA publishes a document in 

the Federal Register that withdraws the 

proposed revision to the renewable fuel 

standard in § 80.1405(a), whichever of 

the following dates is latest: 

(i) The next quarterly reporting 

deadline under paragraph (f)(2) of this 

section that is 60 days after the date the 

withdrawal is published. 

(ii) The applicable compliance 

reporting deadline under paragraph 

(f)(1)(i)(A) or (B) of this section. 

(3) If EPA does not publish a 

document in the Federal Register that 

either finalizes or withdraws the 

proposed revision to the renewable fuel 

standard in § 80.1405(a) within 12 

months after the date the proposed rule 

was published, whichever of the 

following dates is latest: 

(i) The next quarterly reporting 

deadline under paragraph (f)(2) of this 

section that is 12 months after the 

proposed rule was published. 

(ii) The applicable compliance 

reporting deadline under paragraph 

(f)(1)(i)(A) or (B) of this section. 

* * * * * 

■ 13. Amend § 80.1456 by revising 

paragraph (d)(2) to read as follows: 

§ 80.1456 What are the provisions for 

cellulosic biofuel waiver credits? 

* * * * * 

(d) * * * 

(2) The wholesale price of gasoline is 

calculated by applying the weighting 

factors specified in table 1 to this 

paragraph (d)(2) to the Energy 

Information Administration average 

monthly gasoline spot price values 

specified in table 1 for the twelve-month 

period ending June of the year 

preceding the compliance period. 

TABLE 1 TO PARAGRAPH (d)(2)—WHOLESALE PRICE OF GASOLINE WEIGHTING FACTORS

Gasoline spot price data source Weighting factor 

(%) 

Conventional Gasoline—New York Harbor, Regular .................................................................................................................. 37.5 

Conventional Gasoline—U.S. Gulf Coast, Regular ..................................................................................................................... 37.5 

RBOB Regular Gasoline—Los Angeles ...................................................................................................................................... 25.0 

* * * * * 

■ 14. Amend § 80.1464 by revising 

paragraph (d)(1) to read as follows: 

§ 80.1464 What are the attest engagement 

requirements under the RFS program? 

* * * * * 

(d) * * * 

(1) Obligated parties. Obligated 

parties must submit annual attest 

engagement reports to EPA by the next 

June 1 annual attest engagement 

reporting deadline after the annual 

compliance reporting deadline under 

§ 80.1451(f)(1)(i). 

* * * * * 

[FR Doc. 2024–28978 Filed 12–11–24; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2550, 2551, 2552, 2553 

RIN 3045–AA91 

Restrictions on Operation of 

AmeriCorps Seniors Programs 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 


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