This action proposes to modify certain compliance dates under the Renewable Fuel Standard (RFS) program. EPA previously extended the 2019 compliance deadline for small refineries (from March 31, 2020, to November 30, 2021) and the 2020 compliance deadline for all obligated parties (from March 31, 2021, to January 31, 2022) earlier this year, and is proposing to further extend these deadlines in this action.
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Rule Summary
This action proposes to modify certain compliance dates under the Renewable Fuel Standard (RFS) program. EPA previously extended the 2019 compliance deadline for small refineries (from March 31, 2020, to November 30, 2021) and the 2020 compliance deadline for all obligated parties (from March 31, 2021, to January 31, 2022) earlier this year, and is proposing to further extend these deadlines in this action.
First, EPA is proposing to extend the RFS compliance deadline for the 2019 compliance year for small refineries only. The proposed 2019 compliance deadline is the next quarterly reporting deadline that is at least 60 days after publication of the 2021 RFS percentage standards in the Federal Register.
Second, EPA is proposing to extend the RFS compliance deadline for the 2020 and 2021 compliance years for all obligated parties. The proposed 2020 compliance deadline is the next quarterly reporting deadline after the 2019 compliance deadline for small refineries and the proposed 2021 compliance deadline is the next quarterly reporting deadline after the 2020 compliance deadline.
Third, For 2019, 2020, and 2021, EPA is proposing to extend the associated attest engagement reporting deadlines to the next June 1 annual attest engagement reporting deadline that is at least 60 days after the applicable 2019, 2020, and 2021 compliance deadline.
Finally, EPA is proposing to change the way in which future (2022+) RFS compliance and attest engagement reporting deadlines are determined. The annual compliance reporting deadline would be the latest date of the following:
- March 31st of the subsequent calendar year;
- The next quarterly reporting that is at least 60 days after publication in the Federal Register of a final rule establishing the subsequent compliance year’s renewable fuel standards; or
- The next quarterly reporting deadline under 40 CFR 80.1451(f)(2) after the annual compliance reporting deadline for the prior compliance year.
The annual attest engagement reporting deadline would be the latest date of the following:
- June 1 of the subsequent calendar year; or
- The next June 1 annual attest engagement reporting deadline that is at least 60 days after the annual compliance reporting deadline.
The proposed extensions (both for 2019-2021 and for 2022+) will help ensure that obligated parties are positioned to fully comply with their RFS obligations by ensuring that each year’s compliance deadline falls after the standards for the subsequent compliance year are known. The proposed approach for 2022+ would also avoid EPA having to repeatedly extend compliance deadlines for obligated parties should promulgation of the subsequent year’s standards be delayed.
Public Hearing
EPA will hold a virtual public hearing December 3, 2021. Due to the COVID-19 pandemic, this hearing will be held virtually only using Zoom (i.e., there will be no in-person hearing). In order to attend the virtual public hearing, all attendees (including those who will not be presenting verbal testimony) must register through the following website:
Webinar RegistrationExit Exit EPA website
A separate registration form must be submitted for each person attending the hearing. Please register no later than November 30, 2021.
In order to allow everyone to be heard, EPA is limiting verbal testimony to three minutes per person. Speakers will not be able to share graphics via the virtual public hearing. Speakers will be able to request an approximate speaking time as part of the registration process, with preferences considered on a first-come, first-served basis. The order of speakers will be available no later than December 2, 2021.
If you have further questions or special needs, please contact Nick Parsons at [email protected].
Additional Resources
- Proposed rule: Extension of Compliance and Attest Engagement Reporting Deadlines (pdf) (pre-publication, signed November 17, 2021)