Modifications to the Renewable Fuel Standard Program
Rule Summary
On December 6, 2012, EPA published a notice to withdraw amendments to the RFS and diesel sulfur programs that were issued in a direct final rule, published on October 9, 2012 (77 FR 61281). The direct final rule would have amended the definition of heating oil under the RFS program and expanded the scope of renewable fuels that could generate Renewable Identification Numbers (RINs) as heating oil to include fuel oil produced from qualifying renewable biomass that would be used to generate heat to warm buildings or other facilities where people live, work, recreate, or conduct other activities. The diesel sulfur amendments would have provided additional flexibility for transmix processors who produce locomotive and marine diesel fuel and amended our diesel fuel marker requirements to allow solvent yellow 124 (SY 124) to transition out of the distribution system.
In response to adverse public comment to the amended definition of heating oil in the RFS program and the diesel transmix amendments, we are withdrawing those portions of the direct final rule. Because we did not receive adverse public comment on the yellow marker provisions or a general clarifying amendment for RFS RIN generation, those amendments will take effect as noted in the direct final rule, on December 10, 2012. In parallel with the direct final rule, on October 9, 2012, EPA also published a proposed rule (77 FR 61313). As stated in the direct final rule and the parallel proposed rule, we will not institute a second comment period on this action.