Comment period on EPA’s NODA to reduce RFS RVOs closes Oct. 19

By Erin Voegele | October 18, 2017

Those who wish to weigh in on the U.S. EPA’s recent notice of data availability (NODA) that proposes reductions in 2018 and 2019 Renewable Fuel Standard renewable volume obligations (RVOs) must submit comments by 11:59 p.m. ET Oct. 19.

The U.S EPA published the NODA in the Federal Register on Oct. 4, officially opening a 15-day comment period. The agency released a prepublication version of the proposal on Sept. 26. That proposal, or notice of data availability (NODA), seeks comments on potential reductions in 2018 and 2019 RFS RVOs. The potential reductions primarily target biomass-based diesel, but would potentially result in corresponding reductions in RVOs for advanced biofuels and total renewable fuel. 

Release of the NODA followed the July 5 release of EPA’s proposed rule to set 2018 RVOs under the RFS, along with the 2019 RVO for biomass-based diesel. The public comment period on that proposed rule closed Aug. 31. Under statute, the EPA is required to issue a final rule setting 2018 RVOs by Nov. 30.

Within the NODA, EPA presents historical data on imports of renewable fuel and discusses several options for how the EPA may consider such data in establishing final RVOs using one or more of the waiver authorities provided by statute. According to the NODA, the EPA has elected to take this action due to concerns over the cost and supply of advanced biofuel.

A full copy of the NODA and directions on how to submit comments can be downloaded from the Federal Register website. Comments can be filed on www.Regulations.gov under Docket ID No. EPA-HQ-OAR-2017-0091. As of the close of Oct. 17, Regulations.gov indicates nearly 4,000 comments have already been filed on the NODA.