EPA Proposes Partial Waiver of 2024 Cellulosic Biofuel Volume Requirement and Extension of 2024 Compliance Deadline

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The U.S. Environmental Protection Agency (EPA) published a proposed rule on December 12, 2024, that would partially waive the 2024 cellulosic biofuel volume requirement and revise the associated percentage standard under the Renewable Fuel Standard (RFS) program due to a shortfall in cellulosic biofuel production. 89 Fed. Reg. 100442. As a result of this proposed change, EPA proposes to extend the RFS compliance reporting deadline for the 2024 compliance year. According to the proposed rule, EPA currently projects that the supply of advanced biofuel and total renewable fuel in 2024 will exceed the required volumes by a significant margin, despite the projected shortfall in cellulosic biofuel. Given the projected surplus of 2024 advanced Renewable Identification Numbers (RIN), EPA is not proposing to revise the volume requirements for any of the other categories of renewable fuel (i.e., biomass-based diesel (BBD), advanced biofuel, and total renewable fuel). The proposed rule would also make several minor revisions related to the biogas provisions of the RFS program. EPA notes that it is not proposing changes to any of the 2025 RFS standards. EPA states that while it may consider a partial waiver of the 2025 cellulosic biofuel standard in a future action, it will treat any comments on such a change as beyond the scope of this action. Comments are due January 21, 2025.

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