{ "id": "R44045", "type": "CRS Report", "typeId": "R", "number": "R44045", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "retrieved": "2022-09-28T04:03:25.052712", "id": "R44045_29_2022-08-22", "formats": [ { "filename": "files/2022-08-22_R44045_f56c5503c78df1bc16aa8ec42f3322ad848708d8.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R44045/29", "sha1": "f56c5503c78df1bc16aa8ec42f3322ad848708d8" }, { "format": "HTML", "filename": "files/2022-08-22_R44045_f56c5503c78df1bc16aa8ec42f3322ad848708d8.html" } ], "date": "2022-08-22", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R44045", "type": "CRS Report" }, { "source_dir": "crsreports.congress.gov", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "retrieved": "2022-09-28T04:03:25.049217", "id": "R44045_27_2020-08-03", "formats": [ { "filename": "files/2020-08-03_R44045_866f19f92632e04c3fe4ec048dccf17a07be33f2.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R44045/27", "sha1": "866f19f92632e04c3fe4ec048dccf17a07be33f2" }, { "format": "HTML", "filename": "files/2020-08-03_R44045_866f19f92632e04c3fe4ec048dccf17a07be33f2.html" } ], "date": "2020-08-03", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R44045", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 622583, "date": "2020-04-17", "retrieved": "2020-04-20T22:20:42.864398", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum volume of renewable fuel. This Renewable Fuel Standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022). The U.S. Environmental Protection Agency (EPA), which is responsible for administering the RFS, determines the annual volume after 2022. Within the overall RFS, there are submandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels. \nEPA has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver for the overall RFS and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. Statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume is to apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a permanent modification of applicable volumes of the RFS starting in 2016 and carried forward, if certain conditions are met. \nIn several instances, EPA has used, has proposed to use, or has been petitioned to use its waiver authority when implementing the RFS. In December 2019, EPA announced in its final rule for 2020 for the RFS that it was using the cellulosic biofuel waiver authority to reduce the cellulosic biofuel, advanced biofuel, and total renewable fuel volume requirements. EPA\u2019s use of the cellulosic biofuel waiver authority is not new. EPA has repeatedly issued a waiver, reducing the volume required for cellulosic biofuel. For the last few years, the use of the cellulosic biofuel waiver led EPA to also reduce the total advanced biofuel volume requirement. For various reasons (e.g., technology issues, financial support, policy uncertainty), the U.S. cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. \nEPA also has the authority to \u201creset\u201d the RFS. The 2019 final RFS program rule issued by EPA triggered the RFS \u201creset\u201d section of the waiver provision for total renewable fuel. The reset was triggered in previous final rules for both advanced biofuel and cellulosic biofuel. It is unclear what impact the use of the reset by EPA will have on RFS standards for future years given that only two years remain that have statutory volume requirements\u20142021 and 2022. EPA has statutory authority to determine the volume amounts after 2022.\nAt issue for Congress is the effectiveness of the RFS waiver authority and a potential programmatic reset. Congress may consider whether the waiver authority and the reset authority are sufficient options for EPA to address the statutory advanced biofuel volume shortfalls\u2014shortfalls that may have been more than what Congress envisioned when it expanded the RFS in 2007. Another issue is how the Administration might apply the reset authority, and if it would contribute to uncertainty for industry, financiers, and other interested parties.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R44045", "sha1": "2a250e8484f6c6ee7b783f794940ba649077d91c", "filename": "files/20200417_R44045_2a250e8484f6c6ee7b783f794940ba649077d91c.html", "images": { "/products/Getimages/?directory=R/html/R44045_files&id=/0.png": "files/20200417_R44045_images_fa87d02a03abf2f88a0e6d3606647c072df0b657.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R44045", "sha1": "3eb80c999e1d7c7ebe25e9d156ce4e168db9d814", "filename": "files/20200417_R44045_3eb80c999e1d7c7ebe25e9d156ce4e168db9d814.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4927, "name": "Renewable Energy & Efficiency" } ] }, { "source": "EveryCRSReport.com", "id": 590134, "date": "2019-01-23", "retrieved": "2019-12-20T20:07:51.652884", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum volume of renewable fuel. This renewable fuel standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022). The U.S. Environmental Protection Agency (EPA), which is responsible for administering the RFS, determines the annual volume after 2022. Within the overall RFS, there are submandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels.\nEPA has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver for the overall RFS and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. Statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume is to apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a permanent modification of applicable volumes of the RFS starting in 2016 and carried forward, if certain conditions are met. \nIn several instances, EPA has used, has proposed to use, or has been petitioned to use its waiver authority when implementing the RFS. In November 2018, EPA announced in its final rule for 2019 for the RFS that it was using the cellulosic biofuel waiver authority to reduce the cellulosic biofuel, advanced biofuel, and total renewable fuel volume requirements. EPA\u2019s use of the cellulosic biofuel waiver authority is not new. EPA has repeatedly issued a waiver, reducing the volume required for cellulosic biofuel. For the last few years, the use of the cellulosic biofuel waiver led EPA to also reduce the total advanced biofuel volume requirement. For various reasons (e.g., technology issues, financial support, policy uncertainty), the U.S. cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. \nThe 2019 final RFS program rule issued by EPA triggers the RFS \u201creset\u201d section of the waiver provision for total renewable fuel. The reset was triggered in previous final rules for both advanced biofuel and cellulosic biofuel. It is unclear what impact the use of the reset section will have on RFS standards in future years. EPA reports it will issue a rulemaking in early 2019 that proposes to reset the cellulosic biofuel, advanced biofuel, and total renewable fuel volume targets for the years 2020-2022.\nA possible issue for Congress is whether the waiver authority and the reset provisions are sufficient options for EPA to address the statutory advanced biofuel volume shortfalls\u2014shortfalls that may have been more than what Congress envisioned when it expanded the RFS in 2007. Another issue is how the Administration might apply the reset provision, and if it would contribute to uncertainty for industry, financiers, and other interested parties.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R44045", "sha1": "b9e2257cc5d70de220a63b6f499c0a7927487899", "filename": "files/20190123_R44045_b9e2257cc5d70de220a63b6f499c0a7927487899.html", "images": { "/products/Getimages/?directory=R/html/R44045_files&id=/0.png": "files/20190123_R44045_images_fa87d02a03abf2f88a0e6d3606647c072df0b657.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R44045", "sha1": "1da8ab2a6f501e710c45e3719c3574bb70bc0721", "filename": "files/20190123_R44045_1da8ab2a6f501e710c45e3719c3574bb70bc0721.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4927, "name": "Renewable Energy & Efficiency" } ] }, { "source": "EveryCRSReport.com", "id": 578261, "date": "2018-02-05", "retrieved": "2018-02-13T14:14:02.663038", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum volume of renewable fuel. This renewable fuel standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022). The U.S. Environmental Protection Agency (EPA), which is responsible for administering the RFS, determines the annual volume after 2022. Within the overall RFS, there are submandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels.\nEPA has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver for the overall RFS and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. Statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume will apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a permanent modification of applicable volumes of the RFS starting in 2016 and carried forward, if certain conditions are met. \nIn several instances, EPA has used, has proposed to use, or has been petitioned to use its waiver authority when implementing the RFS. In November 2017, EPA announced in its final rule for 2018 for the RFS that it was using the cellulosic biofuel waiver authority to reduce the cellulosic biofuel, advanced biofuel, and total renewable fuel volume requirements. EPA\u2019s use of the cellulosic biofuel waiver authority is not new. EPA has repeatedly issued a cellulosic biofuel waiver to reduce the volume required for cellulosic biofuel. For the last few years, the use of the cellulosic biofuel waiver led EPA to also reduce the total advanced biofuel volume requirement. For various reasons (e.g., technology issues, financial support, policy uncertainty), the U.S. cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. \nThe 2018 final RFS program rule issued by EPA\u2014like the two previous final rules\u2014triggers the RFS \u201creset\u201d section of the waiver provision for both advanced biofuel and cellulosic biofuel. It is unclear what impact the use of the reset section will have on RFS standards in future years. In the 2018 final rule, EPA reported that comments about the \u201creset\u201d were beyond the scope of the rulemaking. \nA possible issue for Congress is whether the waiver authority and the reset provisions are sufficient options to address RFS statutory advanced biofuel volume shortfalls\u2014shortfalls that may have been more than what Congress envisioned when it expanded the RFS in 2007. Another issue is how the Administration might apply the reset provision, and more specifically, whether the potential for full or partial RFS waivers, as well an RFS reset, would contribute to uncertainty for policymakers, industry, financiers, and other interested parties. Further, the repeated use of the cellulosic biofuel waiver authority to reduce the statutory volumes could increase calls, by some, for Congress to address the advanced biofuel portion of the mandate through legislative action.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://crs.gov/Reports/R44045", "sha1": "509486880c06948bc133e34c2e6590e6d7ae77d7", "filename": "files/20180205_R44045_509486880c06948bc133e34c2e6590e6d7ae77d7.html", "images": { "/products/Getimages/?directory=R/html/R44045_files&id=/0.png": "files/20180205_R44045_images_fa87d02a03abf2f88a0e6d3606647c072df0b657.png" } }, { "format": "PDF", "encoding": null, "url": "http://crs.gov/Reports/pdf/R44045", "sha1": "52fd8d4b2801ce2b1a3a2e105c569a21c13af492", "filename": "files/20180205_R44045_52fd8d4b2801ce2b1a3a2e105c569a21c13af492.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4927, "name": "Renewable Energy & Efficiency" } ] }, { "source": "EveryCRSReport.com", "id": 463130, "date": "2017-08-01", "retrieved": "2017-08-22T13:39:04.520872", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum amount of renewable fuel. This renewable fuel standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022), with the U.S. Environmental Protection Agency (EPA) determining the annual volume amounts following 2022. Within the overall RFS, there are sub-mandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels.\nEPA, which is responsible for administering the RFS, has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver for the overall RFS and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. Statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume will apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a permanent modification of applicable volumes of the RFS starting in 2016 and is carried forward, if certain conditions are met. The potential for full or partial RFS waivers can contribute to uncertainty for policymakers, industry, financiers, and other interested parties.\nSeveral instances have led to EPA using, proposing to use, or being petitioned to use its waiver authority when implementing the RFS. In July 2017, EPA announced in its proposed rule for 2018 for the RFS that it was using the cellulosic biofuel waiver authority to reduce the cellulosic biofuel, advanced biofuel, and total renewable fuel volume requirements. The 2018 proposed rule follows the precedent set in the 2017 final rule, which involved EPA\u2019s use of the waiver authority to reduce the total renewable fuel volume required. \nEPA\u2019s use of the cellulosic biofuel waiver authority is not new. EPA has repeatedly issued a cellulosic biofuel waiver to reduce the volume required for cellulosic biofuel. For the last few years, the use of the cellulosic biofuel waiver led EPA to also reduce the total advanced biofuel volume requirement. According to the agency, it has used the cellulosic biofuel waiver due to lack of actual domestic production of cellulosic biofuel at the volumes required to meet the RFS cellulosic biofuel mandate. For various reasons, the U.S. cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. \nThe 2017 final rule issued by EPA\u2014like the previous final rule\u2014triggers the RFS \u201creset\u201d section of the waiver provision for both advanced biofuel and cellulosic biofuel. It is unclear what impact the reset section will have on RFS standards in future years. In July 2017, EPA reported that it will \u201cbegin technical analysis to inform a future reset rulemaking action.\u201d \nThis report discusses the process and criteria that EPA may use to waive various portions of the RFS and the reset section and briefly analyzes the potential impacts.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44045", "sha1": "6326712a998742344e8ade223b1524d823f9550f", "filename": "files/20170801_R44045_6326712a998742344e8ade223b1524d823f9550f.html", "images": { "/products/Getimages/?directory=R/html/R44045_files&id=/0.png": "files/20170801_R44045_images_fa87d02a03abf2f88a0e6d3606647c072df0b657.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44045", "sha1": "e2ca4e8e0e62641088f25478804ebdfa382d0142", "filename": "files/20170801_R44045_e2ca4e8e0e62641088f25478804ebdfa382d0142.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4927, "name": "Renewable Energy & Efficiency" } ] }, { "source": "EveryCRSReport.com", "id": 458463, "date": "2017-01-26", "retrieved": "2017-02-03T19:11:32.172592", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum amount of renewable fuel. This renewable fuel standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022), with the U.S. Environmental Protection Agency (EPA) determining the annual volume amounts following 2022. Within the overall RFS, there are sub-mandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels.\nEPA, which is responsible for administering the RFS, has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver for the overall RFS and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. Statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume will apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a permanent modification of applicable volumes of the RFS starting in 2016 and is carried forward, if certain conditions are met. The potential for full or partial RFS waivers can contribute to uncertainty for policymakers, industry, financiers, and other interested parties.\nSeveral instances have led to EPA using, proposing to use, or being petitioned to use its waiver authority when implementing the RFS. In November 2016, EPA announced in its final rule for 2017 for the RFS that it was using the cellulosic biofuel waiver authority to reduce the cellulosic biofuel, advanced biofuel, and total renewable fuel volume requirements. The 2017 final rule follows the precedent set in the previous final rule, which involved EPA\u2019s use of the waiver authority to reduce the total renewable fuel volume required for 2014, 2015, and 2016. However, unlike the previous final rule, whereby EPA used both the general waiver and the cellulosic biofuel waiver to reduce the volume requirements, for the 2017 final rule EPA used only the cellulosic biofuel waiver. \nEPA\u2019s use of the cellulosic biofuel waiver authority is not new. EPA has repeatedly issued a cellulosic biofuel waiver to reduce the volume required for cellulosic biofuel. For the last few years, the use of the cellulosic biofuel waiver led EPA to also reduce the total advanced biofuel volume requirement. According to the agency, it has used the cellulosic biofuel waiver due to lack of actual domestic production of cellulosic biofuel at the volumes required to meet the RFS cellulosic biofuel mandate. For various reasons, the U.S. cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. \nThe 2017 final rule issued by EPA\u2014like the previous final rule\u2014triggers the RFS \u201creset\u201d section of the waiver provision for both advanced biofuel and cellulosic biofuel. It is unclear what impact the reset section will have on RFS standards in future years. In November 2016, EPA reported that it intends to address the reset requirements with a separate rulemaking. \nThis report discusses the process and criteria that EPA may use to waive various portions of the RFS and the reset section and briefly analyzes the potential impacts.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44045", "sha1": "88883de5f29428517b73c364269e7638b2a9c49c", "filename": "files/20170126_R44045_88883de5f29428517b73c364269e7638b2a9c49c.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44045", "sha1": "c4a3c0f7a27041c43749b376b609bdc0c5f239dc", "filename": "files/20170126_R44045_c4a3c0f7a27041c43749b376b609bdc0c5f239dc.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4927, "name": "Renewable Energy & Efficiency" } ] }, { "source": "EveryCRSReport.com", "id": 457807, "date": "2016-12-21", "retrieved": "2016-12-22T16:26:53.131798", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum amount of renewable fuel. This renewable fuel standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022), with the U.S. Environmental Protection Agency (EPA) determining the annual volume amounts following 2022. Within the overall RFS, there are sub-mandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels.\nEPA, which is responsible for administering the RFS, has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver for the overall RFS and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. Statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume will apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a permanent modification of applicable volumes of the RFS starting in 2016 and is carried forward, if certain conditions are met. The potential for full or partial RFS waivers can contribute to uncertainty for policymakers, industry, financiers, and other interested parties.\nSeveral instances have led to EPA using, proposing to use, or being petitioned to use its waiver authority when implementing the RFS. In November 2016, EPA announced in its final rule for 2017 for the RFS that it was using the cellulosic biofuel waiver authority to reduce the cellulosic biofuel, advanced biofuel, and total renewable fuel volume requirements. The 2017 final rule follows the precedent set in the previous final rule, which involved EPA\u2019s use of the waiver authority to reduce the total renewable fuel volume required for 2014, 2015, and 2016. However, unlike the previous final rule, whereby EPA used both the general waiver and the cellulosic biofuel waiver to reduce the volume requirements, for the 2017 final rule EPA used only the cellulosic biofuel waiver. \nEPA\u2019s use of the cellulosic biofuel waiver authority is not new. EPA has repeatedly issued a cellulosic biofuel waiver to reduce the volume required for cellulosic biofuel. For the last few years, the use of the cellulosic biofuel waiver led EPA to also reduce the total advanced biofuel volume requirement. According to the agency, it has used the cellulosic biofuel waiver due to lack of actual domestic production of cellulosic biofuel at the volumes required to meet the RFS cellulosic biofuel mandate. For various reasons, the U.S. cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. \nThe 2017 final rule issued by EPA\u2014like the previous final rule\u2014triggers the RFS \u201creset\u201d section of the waiver provision for both advanced biofuel and cellulosic biofuel. It is unclear what impact the reset section will have on RFS standards in future years. In November 2016, EPA reported that it intends to address the reset requirements with a separate rulemaking. \nThis report discusses the process and criteria that EPA may use to waive various portions of the RFS and the reset section and briefly analyzes the potential impacts.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44045", "sha1": "1483ff076ed73cf7eb4d9b583ecc74c1f4b98d91", "filename": "files/20161221_R44045_1483ff076ed73cf7eb4d9b583ecc74c1f4b98d91.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44045", "sha1": "d80929c21befeb8c5a9d76da5350ee79b5633ded", "filename": "files/20161221_R44045_d80929c21befeb8c5a9d76da5350ee79b5633ded.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4927, "name": "Renewable Energy & Efficiency" } ] }, { "source": "EveryCRSReport.com", "id": 455015, "date": "2016-08-12", "retrieved": "2016-10-17T19:36:38.244573", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum amount of renewable fuel. This renewable fuel standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022), with the U.S. Environmental Protection Agency (EPA) determining the annual volume amounts following 2022. Within the overall RFS, there are sub-mandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels.\nEPA, which is responsible for administering the RFS, has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver for the overall RFS and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. The statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume will apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a modification of applicable volumes of the RFS starting in 2016 if certain conditions are met. The potential for full or partial RFS waivers can contribute to uncertainty for policymakers, industry, financiers, and other interested parties.\nSeveral instances have led to EPA using, proposing to use, or being petitioned to use its waiver authority when implementing the RFS. In late 2015, EPA announced in its final rule for the RFS that it was using its waiver authority to reduce the total renewable fuel volume required for 2014, 2015, and 2016. EPA used both the general waiver and the cellulosic biofuel waiver to do so. EPA reports that the volume reductions for 2014, 2015, and 2016 were necessary due to \u201creal-world challenges.\u201d This was the first time since the program\u2019s implementation that EPA had issued a general waiver implicitly reducing the volume required for conventional biofuel. In contrast, EPA has repeatedly issued a cellulosic biofuel waiver to reduce the volume required for cellulosic biofuel. According to the agency, it has done so due to lack of actual production of cellulosic biofuel at the volumes required to meet the RFS cellulosic biofuel mandate. For various reasons, the cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. The final rule issued by EPA triggers the RFS reset provision for both advanced biofuel and cellulosic biofuel. It is unclear what impact the reset provision will have on RFS standards in future years. In November 2015, EPA reported that it intended to address the reset requirements with a separate rulemaking. \nIn May 2016, EPA announced the proposed RFS volume requirements for 2017. EPA is again proposing to use the cellulosic biofuel waiver authority and the general waiver authority to reduce the total renewable fuel requirement. The proposed rule is silent on the reset provision.\nThis report discusses the process and criteria that EPA may use to waive various portions of the RFS and the reset provision and briefly analyzes the potential impacts.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44045", "sha1": "e3bad34212f490c5422fd78d913e083563c8b4ec", "filename": "files/20160812_R44045_e3bad34212f490c5422fd78d913e083563c8b4ec.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44045", "sha1": "72eefb4e43b813d7fce2521d70fd94addcef9045", "filename": "files/20160812_R44045_72eefb4e43b813d7fce2521d70fd94addcef9045.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4927, "name": "Renewable Energy & Efficiency" } ] }, { "source": "EveryCRSReport.com", "id": 449838, "date": "2016-02-10", "retrieved": "2016-04-06T17:12:29.790833", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "The Clean Air Act requires that transportation fuels contain a minimum amount of renewable fuel. This renewable fuel standard (RFS) was established by the Energy Policy Act of 2005 (EPAct05; P.L. 109-58) and amended by the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). The RFS includes scheduled volume mandates that grow each year (starting with 9 billion gallons in 2008 and ascending to 36 billion gallons in 2022), with the U.S. Environmental Protection Agency (EPA) determining the annual volume amounts following 2022. Within the overall RFS, there are sub-mandates for advanced biofuels, including cellulosic biofuel, biomass-based diesel, and other advanced biofuels.\nEPA, which is responsible for administering the RFS, has the authority to waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail. More specifically, the statute identifies a general waiver and waivers for two types of advanced biofuel: cellulosic biofuel and biomass-based diesel. The statute requires EPA to announce each year\u2019s standards by November 30 of the previous year, except for biomass-based diesel, which must be announced 14 months before the year for which the applicable volume will apply. Further, the final section of the waiver provision\u2014which some refer to as the \u201creset\u201d section\u2014requires a modification of the applicable volumes of the RFS starting in 2016 if certain conditions are met. The potential for full or partial RFS waivers can contribute to uncertainty for policymakers, industry, financiers, and other interested parties.\nSeveral instances have led to EPA using, proposing to use, or being petitioned to use its waiver authority when implementing the RFS. In late 2015, EPA announced in its final rule for the RFS that it was using its waiver authority to reduce the total renewable fuel volume required for 2014, 2015, and 2016. EPA used both the general waiver and the cellulosic biofuel waiver to do so. For the first time since the program\u2019s implementation, EPA issued a general waiver implicitly reducing the volume allowed for conventional biofuel. EPA has repeatedly issued a cellulosic biofuel waiver to reduce the volume allowed for cellulosic biofuel. According to the agency, it has done so due to lack of actual production of cellulosic biofuel at the volumes required to meet the RFS cellulosic biofuel mandate. For various reasons, the cellulosic biofuel industry has been unable, by a wide margin, to produce the volume amounts identified in statute. EPA reports the volume reductions for 2014, 2015, and 2016 were necessary due to \u201creal-world challenges.\u201d Last, the final rule issued by EPA triggers the RFS reset provision for both advanced biofuel and cellulosic biofuel. It is unclear what impact the reset provision will have on RFS standards in future years.\nThis report discusses the process and criteria that EPA may use to waive various portions of the RFS, and the modification of applicable volumes.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44045", "sha1": "7fe2755a61631519f26e433c7fa7eb437eb5d2dd", "filename": "files/20160210_R44045_7fe2755a61631519f26e433c7fa7eb437eb5d2dd.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44045", "sha1": "0a767a1f1c45f8f501eb807bb3e5cc8278b65a87", "filename": "files/20160210_R44045_0a767a1f1c45f8f501eb807bb3e5cc8278b65a87.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 3382, "name": "Agriculture-Based Biofuels" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc814110/", "id": "R44045_2015Jun29", "date": "2015-06-29", "retrieved": "2016-03-19T13:57:26", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20150629_R44045_e6afa1cd1e6a62d98636c23289420309e557b30d.pdf" }, { "format": "HTML", "filename": "files/20150629_R44045_e6afa1cd1e6a62d98636c23289420309e557b30d.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc689153/", "id": "R44045_2015May21", "date": "2015-05-21", "retrieved": "2015-08-03T15:06:47", "title": "The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes", "summary": "This report discusses the process and criteria for the Environmental Protection Agency to waive various portions of the renewable fuel standard (RFS), and the modification of applicable volumes.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20150521_R44045_0e960f6ec50dc51132c8b15365131f5abe33cb09.pdf" }, { "format": "HTML", "filename": "files/20150521_R44045_0e960f6ec50dc51132c8b15365131f5abe33cb09.html" } ], "topics": [ { "source": "LIV", "id": "Environmental protection", "name": "Environmental protection" }, { "source": "LIV", "id": "Environmental policy", "name": "Environmental policy" }, { "source": "LIV", "id": "Environmental law and legislation", "name": "Environmental law and legislation" }, { "source": "LIV", "id": "Biomass energy", "name": "Biomass energy" }, { "source": "LIV", "id": "Alternative energy sources", "name": "Alternative energy sources" } ] } ], "topics": [ "Energy Policy" ] }