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Renewable Fuel Standard Program

Petitions for Reconsideration under the Renewable Fuel Standard Program

The following lists petitions for reconsideration submitted to EPA related to the RFS program:

Response to Petitions for Reconsideration of RFS2 Rule to Change the Point of Obligation

On November 10, 2016, EPA proposed to deny requests from petitioners to initiate a rulemaking to change the point of obligation for compliance under the Renewable Fuels Standards program. Due to the importance, complexity, and broad stakeholder interest in this issue, the agency is taking public comment on the proposed denials to ensure we receive input from the wide variety of stakeholders that could be affected.

Petitions for Reconsideration under the Renewable Fuel Standard Program

On September 23, 2016, EPA sent letters denying petitions for reconsideration of certain issues from the final 2013 Renewable Fuel Standards. This denial responds to the issues raised by petitioners that were not resolved by the D.C. Circuit Court in its decision, Monroe v. EPA, 703 F.3d (D.C. Cir. 2014).

Response to Petitions for Reconsideration of the 2013 Cellulosic Biofuel Standard

Based on information that became available after the 2013 RFS standards were finalized, EPA is granting petitions for reconsideration filed by The American Petroleum Institute (API) and the American Fuel & Petrochemical Manufacturers (AFPM) for the 2013 cellulosic biofuel standard. 

EPA Denies Petitions for Reconsideration of the Final Rule Establishing the 2013 Biomass-Based Diesel Volume

In November 2012, EPA received two petitions for a reconsideration of the September 27, 2012 rulemaking entitled "Regulation of Fuels and Fuel Additives: 2013 Biomass-Based Diesel Renewable Fuel Volume" which established a volume requirement of 1.28 billion gallons for biomass-based diesel in 2013 under the Renewable Fuel Standard (RFS) program. EPA's evaluation of the petitions indicates that the Congressional requirements for such a petition have not been met, and that the issues raised do not materially affect the determination of the applicable volume requirement of 1.28 billion gallons. 

Notice of Response to Petition for Reconsideration

On May 24, 2010, EPA received four petitions for reconsideration of the final rule. The petitioners raised several concerns associated with the final RFS2 rule. Specifically, all four petitioners requested reconsideration on the issue of EPA's adoption of the "aggregate compliance approach" as part of implementing the requirements for renewable biomass for certain feedstocks grown in the U.S. In addition, one petitioner cited the exclusion of the global "rebound" effect in the lifecycle analysis used in determining compliance with the required greenhouse thresholds for various renewable fuels. On February 17, 2011, EPA issued its denial of these petitions because they fail to meet the criteria for reconsideration.