EPA Issues  Final Rule for  Renewable
Fuel Standard (RFS) Pathways II and
Modifications to the  RFS Program,
Ultra Low Sulfur Diesel Requirements,
and  E15  Misfueling Mitigation
Requirements
    The U.S. Environmental Protection Agency (EPA) is taking final
    action to qualify additional fuel pathways that the Agency has
determined meet the lifecycle greenhouse gas (GHG) reduction
requirements for cellulosic biofuel under the National Renewable
Fuel Standard (RFS) program. This final rule also provides guidance
regarding the feedstocks that EPA considers to be crop residues, in-
cluding clarification that EPA considers corn kernel fiber to be a crop
residue.

EPA is also finalizing other minor amendments related to survey
requirements associated with the ultra-low sulfur diesel (ULSD)
program and misfueling mitigation regulations for 15 volume percent
ethanol blends (E15).

New Pathways
This action qualifies the following as cellulosic and advanced fuel pathways under
the Renewable Fuels Standards (RFS):
   •  Compressed natural gas produced from biogas from landfills, municipal waste-
     water treatment facility digesters, agricultural digesters, and separated MSW
     digesters
   •  Liquefied natural gas produced from biogas from landfills, municipal waste-
     water treatment facility digesters, agricultural digesters, and separated MSW
     digesters
United
Environmental Protection
                            Office of Transportation and Air Quality
                                           EPA-420-F-14-045
                                                July 2014

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    •   Electricity used to power electric vehicles produced from biogas from landfills, municipal
       wastewater treatment facility digesters, agricultural digesters, and separated MSW digesters

These pathways have the potential to provide notable volumes of cellulosic biofuel for use in
complying with the RFS program, since significant volumes of advanced biofuels are already
being generated for fuel made from biogas, and in many cases this same fuel will qualify for eel'
lulosic  RINs when this rule becomes effective.
Other Amendments to the RFS Program
This final rule clarifies or amends a number of RFS program regulations that define terms or
address registration, recordkeeping, or reporting requirements. These include amendments
related to:

    •  Use of crop residue as renewable fuel feedstock: This final rule specifies producers must
       include in their registration specific information about the types of residues which will
       be used, and record and report to EPA the quantities and specific types of residues used
       during production.

    •  Definition of "small refinery": EPA is modifying the definition of small refinery so that
       the crude throughput threshold of 75,000 barrels per day must apply in the most recent
       full calendar year prior to an application for hardship.

    •  Provisions for small blenders of renewable fuels: EPA is changing the threshold for small
       blenders of renewable fuels that want to delegate renewable identification numbers (RIN)
       responsibilities from 125,000 gallons to 250,000 gallons.

    •  When EPA may deactivate a company registration: EPA is specifying that the agency
       may deactivate a company registration if a company has reported no activity in EMTS
       for twenty-four calendar months.

    •  The use for registration purposes of "nameplate capacity" for certain production facilities
       that do not claim exemption from the 20% GHG reduction threshold; and

    •  Clarifying what penalties apply under the RFS program.

    •  Specifies the number of cellulosic biofuel renewable identification numbers that may be
       generated for fuel made from various cellulosic feedstocks.
Non RFS related Amendments
EPA is also taking action to reduce the number of samples required under the existing ultra-low
sulfur diesel survey program which is expected to reduce costs to industry. In addition, this rule
makes various changes to the E15 misfueling mitigation regulations.

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Changes from Proposed Rule
Portions of the June 14, 2013 proposal are not being finalized at this time, including proposed
compliance requirements for non-RIN-generating foreign renewable fuel producers and the
definition of "producer" for renewable CNG/LNG and renewable electricity. EPA is also not
finalizing the proposed advanced butanol pathway, the proposed pathways for the production of
renewable  diesel, naphtha and renewable gasoline from biogas, the definition of responsible
corporate officer, or the proposed amendments to compliance related provisions in Section
80.1452 (requirements related to the EPA Moderated Transaction System (EMTS)). The
Agency is deferring a final decision on these matters until a later time.
Rulemaking Process
EPA published a Notice of Proposed Rulemaking on June 14, 2013 (78 FR 36045) and accepted
public comments until July 15, 2013. Public comments received can be viewed online at
www.regulations.gov. The public docket for this rulemaking is EPA'HQ'OAR'2012-0401.
For More Information
For more information, please visit the RFS website at:

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

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

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

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