The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes Page: 4 of 10
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The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes
Introduction
The Renewable Fuel Standard (RFS) requires that the nation's transportation fuel supply contain
renewable biofuels.1 This mandate-established in the Energy Policy Act of 2005 (EPAct; P.L.
109-58) and expanded in the Energy Independence and Security Act of 2007 (EISA; P.L. 110-
140)-requires the use of renewable fuel, but it does not explicitly require the production of that
fuel. Obligated parties, such as refiners or importers of gasoline or diesel fuel, are responsible for
complying with the RFS requirements. The Environmental Protection Agency (EPA) administers
the mandate, which is an amendment of the Clean Air Act, under its authority to regulate fuels.2
The statutory renewable fuel volume amounts increase annually until 2022, with EPA determining
the volume amounts after 2022 within certain limitations. In general, EPA has the authority to
waive the RFS requirements, in whole or in part, if certain conditions outlined in statute prevail.
The RFS is a complex and highly technical policy initiative. It deals with multiple sectors of the
economy and requires the use of some advanced renewable fuel technologies that have yet to
reach maturity. The RFS also incorporates greenhouse gas emission reduction thresholds. All of
this complexity is combined with multiple stakeholders that have unique perspectives on what the
RFS should accomplish, how it should be implemented, and whether it should exist, which leads
to intense discussions about the RFS and its future. Congressional debate about the RFS is
expected to continue with special attention to how EPA administers the program.3 As Congress
proceeds with discussing the RFS, it may be useful to understand the RFS waiver authority
granted to EPA. This report discusses the waiver provisions of the RFS, including the
modification-of-applicable-volumes section.
RFS Requirements
The RFS statute calls for the consumption of 9 billion gallons of total renewable fuel in 2008,
ascending to 36 billion gallons in 2022, with EPA determining the annual volume amounts after
2022. The statute identifies four categories of renewable fuels that must be used to meet the
mandate, but essentially these four categories can be aggregated into two major categories:
unspecified biofuel (mainly cornstarch ethanol) and advanced biofuel (i.e., cellulosic biofuel,
biomass-based diesel, and other advanced biofuels). (See Figure 1.) Over time, the growth in the
RFS transitions from biofuels that, in practice, are made mostly from food and feed crops to
biofuels made from non-food and non-feed crops. If actual renewable fuel production were to
match what is in the statute for 2022, advanced biofuels would constitute close to 60% of the 36
billion gallon mandate and unspecified biofuel would constitute about 40%.
1 For more information on the Renewable Fuel Standard (RFS), see CRS Report R43325, The Renewable Fuel
Standard (RFS): In Brief, by Kelsi Bracmort.
2 Clean Air Act, Section 211(o); 42 U.S.C. 7545.
3 Legislation was proposed in the 114' Congress that would repeal or modify the RFS (e.g., S. 1584, S. 577, S. 791, S.
934, S. 1584, H.R. 434, H.R. 703, H.R. 704, H.R. 1487, and H.R. 3228). The 114' Congress held multiple hearings
related to the RFS or renewable fuels.Congressional Research Service
1
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Bracmort, Kelsi. The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes, report, January 26, 2017; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc990698/m1/4/?q=%22law%22: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.