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RFS2 - Energy Independence and Security Act of 2007

     

    For IMMEDIATE RELEASE – February 3, 2010
    Contact: Michael C. Frohlich/NBB
    (o) 202.737.8801
    (c) 202.258.6699

    NBB WELCOMES RFS2 RULE

    WASHINGTON, DC - - The National Biodiesel Board (NBB) today welcomed the Environmental Protection Agency’s (EPA) issuance of the final rule to implement the expanded Renewable Fuels Standard (RFS2) provided for in the Energy Independence and Security Act of 2007(EISA).

    “The U.S. biodiesel industry is pleased that the EPA has issued the final RFS2 rule,” said Joe Jobe, Chief Executive Officer of the NBB.  “There are significant job creation, energy security and environmental benefits associated with expanded biodiesel use.  Today’s rulemaking - in particular implementation of the Biomass-based Diesel program – will allow America to reap these benefits.”

    EISA was enacted on December 19, 2007.  The legislation expanded the Renewable Fuels Standard and for the first time specifically provided for a renewable component in U.S. diesel fuel.  RFS2 requires the use of 500 million gallons of Biomass-based Diesel in 2009, increasing gradually to 1 billion gallons in 2012.  From 2012 through 2022, a minimum of 1 billion gallons must be used domestically, and the Administrator of the EPA is given the authority to increase the minimum volume requirement.  To qualify as Biomass-based Diesel, the fuel must reduce greenhouse gas (GHG) emissions by 50 percent compared to petroleum diesel.  Biodiesel is the only fuel available in commercial quantities in the U.S. that meets the definition of Biomass-based Diesel. 

    On May 26, 2009, the EPA issued the proposed rule to implement the RFS2 program.  The proposed rule contained several significant flaws that were highlighted in NBB’s comments.  Many of these concerns have been addressed in the final rule, including:

    • Final rule accounts for 2009 and 2010 Biomass-based Diesel use requirements. Consistent with EISA’s requirements, 1.150 billion gallons of biodiesel must be used domestically by the end of 2010.  Biodiesel used domestically in 2009 and 2010 will count towards this total.

     

    • EPA’s lifecycle GHG emission calculations are significantly improved.  NBB’s comments noted significant shortcomings with EPA’s initial lifecycle methodology, including inaccuracies pertaining to nitrogen fixing with soybeans; co-product allocation; energy balance; and agricultural efficiencies.  Industry comments also noted significant flaws associated with EPA’s initial international land use assumptions.  The GHG methodology used in the final rule has been updated to reflect industry comments, and biodiesel produced from domestic soybean oil is assumed to reduce GHG emissions by 57 percent compared to petroleum diesel fuel, and the EPA’s uncertainty analysis recognizes that the GHG reduction could be as high as 85 percent.  Thus, biodiesel produced from soybean oil will qualify for the Biomass-based Diesel program, and the rulemaking provides pathways for biodiesel produced from other vegetable oils to qualify for the program.  Though NBB continues to object to the use of international indirect land use change in EPA’s GHG methodology, the methodology employed in the final rule represents a significant improvement over the proposed rule.

    “The U.S. biodiesel industry stands ready to provide the fuel that will be needed to meet the readily attainable Biomass-based Diesel goals established in RFS2.  We look forward to working with all industry stakeholders to successfully implement this worthwhile program,” concluded Jobe.

     

     
     
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    Resources


    = Adobe pdf    = Word Document    = PowerPoint    = Webpage
    Note to NBB Members: Additional resources available on the NBB Members Only Website, including RFS-2 Workshop videos.

     


    Archives:

    2/18/09 -
    The Renewable Fuels Standard Program Page (EPA’s website)

     

    On Dec 19th, 2007 the President signed the Energy Independence and Security Act.  Here is a link to the overview and the full text.

       • RFS2 Overview
       • Full text

     

     

    Renewable Fuel Standard Implementation Information

    6/23/08
         • NBB comments on the RFS waiver

    5/21/08
    U.S. EPA issued a Federal Register notice today, opening a 30-day public comment period on Texas Gov. Rick Perry's (R) request to temporarily waive the nationwide renewable fuels standard (RFS).

    In his late April request, Perry asked for a one-year waiver of half of the corn-based requirement. For 2008, the RFS requires at least 9 billion gallons of corn-based ethanol and in 2009, the requirement increases to 10.5 billion gallons.

        • RFS Texas Notice
        • RFS Texas Letter


 

IMPORTANT CLARIFICATION: RIN Generation--Required Formula to be Used When Standardizing Biodiesel Volumes

NBB’s Letter Summarizing RINs, Sept. 07 Biodiesel Magazine

Final regulations implementing the national Renewable Fuel Standard have been completed and the program will start September 1, 2007. 

Biodiesel is included as an eligible renewable fuel for purposes of compliance by obligated parties.  As such, biodiesel producers will have certain compliance requirements starting September 1st including: registration/reporting/documenting. 

Understanding and meeting the compliance requirements of the RFS Program will be extremely important.  EPA has developed a website specific to the Renewable Fuel Standard Program containing the final regulations, as well as Q&A documents to assist you in meeting your compliance requirements.  The following link will take you directly to this section of the EPA website:  http://www.epa.gov/otaq/renewablefuels/.

On July 11th, NBB hosted a RFS Implementation webinar during which EPA made presentations regarding the requirements that biodiesel producers and marketers will need to meet.  Those presentations include:

  1. Overview RFS Program Requirements
  2. Registration, Reporting, and Recordkeeping Requirements
  3. How You Report
  4. Compliance and Enforcement

NBB staff has also prepared additional fact sheets for NBB Members with specific information focusing on biodiesel producer and marketer requirements under the RFS Program; as well as RINs.  These fact sheets can be accessed in the Members’ Only Website under “Federal Regulatory”.  

 

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