RFS Comment Period Closes, More than 44,000 Comments Submitted

by Erin Voegele (Biomass Magazine) The comment period on the U.S. EPA’s proposed rule to set 2018 renewable volume standards (RVOs) under the Renewable Fuel Standard, along with the 2019 RVO for biomass-based diesel, closed at midnight Aug. 31. More than 44,000 comments were filed on the proposal. The agency will now review those comments as part of its effort to finalize the proposal. Under statute, the EPA is required to issue a final rule setting 2018 RVOs by Nov. 30.

RFA is “concerned that EPA’s assessment of ‘reasonably attainable’ renewable fuel levels in 2018 continues to inappropriately rely on demand-side factors, which is clearly barred by the recent decision by the U.S. Court of Appeals for the District of Columbia. We encourage the agency to adopt the intended approach of simply evaluating the physical supply of renewable fuels (and RINs) available to obligated refiners, blenders and importers relative to the statutory volume requirements,” Dinneen noted in comments.

“To make this possible, EPA must reject its new methodology of forecasting gallons under the cellulosic waiver and return to a forward-looking forecasting methodology that considers current market activity,” BIO continued. “EPA should also not limit advanced and overall volumes by reducing them at the same levels as the cellulosic biofuels market. EPA can help ensure that additional gallons of advanced and cellulosic biofuels will be available by expediting pathway approvals and adjusting its treatment of carryover RINs.” READ MORE