The White House Office of Management and Budget on Dec. 13 published the Fall 2024 Unified Agenda and Regulatory Plan, which outlines rulemakings and other actions under development by federal agencies related to the Renewable Fuel Standard, biofuel infrastructure, CO2 pipeline safety, and wood heating.
According to the agenda, the U.S. EPA is currently expected to release a notice of proposed rulemaking (NPRM) in March 2025 pertaining to the RFS program. An abstract of the rulepublished by the OMB indicates the rulemaking will aim to “finalize the applicable volumes and percentage standards beginning in 2026 for cellulosic biofuel, biomass based diesel, advanced biofuel and total renewable fuel.” The NPRM will also contain “several regulatory changes to the RFS program intended to improve the program’s implementation.” The EPA is targeting December 2025 for promulgation of a final rule.
Also related to the RFS, the agenda provides an update of a rulemaking currently in progress to waive a portion of the 2024 cellulosic biofuel renewable volume obligation (RVO) and extend the 2024 RFS compliance deadline. The EPA issued a proposed rule on Dec. 5 to implement the partial waiver and deadline extension. A public comment period is open through Jan. 21. According to the regulatory agenda, the EPA currently plans to issue a final rule in March 2025.
Other regulatory actions under development at EPA pertain to the wood heating and landfill industries. A rule summary included in the agenda shows the agency in August 2024 began a Section 610 regulatory review of its 2015 new source performance standards for new residential wood heaters. A Section 610 review aims to determine if the provisions of a rule that are related to small entities should be continued without change, rescinded or amended to minimize adverse economic impacts on small entities. The review is expected to be complete in January 2025.
The EPA has also signaled its intent to revise and update its standards of performance and emission guidelines for municipal solid waste (MSW) landfills. In the rule summery, the agency said it is in the process of collecting information about new technologies and approaches that could be implementing in the upcoming revision and update its MSW landfill standards. A NPRM is currently expected to be issued in November 2025.
The USDA is also working on rulemakings of interest to the biofuels and bioenergy industries. The agency is expected to issue a proposed rule in August 2025 to codify the policies and procedures of the Higher Blends Infrastructure Incentive Program. HBIIP aims to increase the sales and use of higher blends of ethanol and biodiesel by expanding renewable fuel infrastructure. In developing the rulemaking, the USDA intends to conduct public engagement to hear from stakeholders and potential applicants about what they would like to see in the regulation as well as what has worked and what has not worked in the past. A proposed rule is currently expected to be released in August 2025.
Also under development by USDA is a rulemaking that aims to establish a greenhouse gas (GHG) technical assistance provider and third-party verifier program, which is authorized by provisions of Growing Climate Solutions Act. The agency issued a request for information (RFI) in May 2024. The comment period on that RFI was open through June 28, 2024. A NPRM is currently expected t be released in April 2025.
The OMB regulatory agenda also shows that there might finally be movement on the U.S. Department of Transportation’s long-delayed effort to create updated safety regulations for carbon dioxide (CO2) pipelines. The agency is currently expected to issue a NPRM in December 2024 that would amend the Pipeline and Hazardous Materials Safety Administration’s pipeline safety regulations to adopt revisions that would enhance the safe transportation of CO2 by pipelines to accommodate an anticipated increase in the number of CO2 pipelines and the volume of CO2 transported. The proposed rulemaking would also include requirements related to emergency preparedness and response for CO2. The rule summary published in the agenda does not include a target date for issuance of a final rule.
Additional information is available on the OMB website.
Originally shared by Biomass Magazine, December 16, 2024. Title updated for purpose.
Notice: The Michigan Advanced Biofuels Coalition (MiABC) does not lobby or influence policy in any way. The policy interests of Michigan soybean farmers and biodiesel producers are supported by the Michigan Soybean Association and Clean Fuels Alliance America, respectively.