40 C.F.R. § 80.1405

What are the Renewable Fuel Standards?

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(a) The values of the renewable fuel standards are as follows:

Table 1 to Paragraph (a)—Annual Renewable Fuel Standards
Year	Cellulosic biofuel standard (%)	Biomass-based diesel standard (%)	Advanced biofuel standard (%)	Renewable fuel standard (%)	Supplemental total renewable fuel standard (%)
2010	0.004	1.10	0.61	8.25	n/a
2011	n/a	0.69	0.78	8.01	n/a
2012	n/a	0.91	1.21	9.23	n/a
2013	0.0005	1.13	1.62	9.74	n/a
2014	0.019	1.41	1.51	9.19	n/a
2015	0.069	1.49	1.62	9.52	n/a
2016	0.128	1.59	2.01	10.10	n/a
2017	0.173	1.67	2.38	10.70	n/a
2018	0.159	1.74	2.37	10.67	n/a
2019	0.230	1.73	2.71	10.97	n/a
2020	0.32	2.30	2.93	10.82	n/a
2021	0.33	2.16	3.00	11.19	n/a
2022	0.35	2.33	3.16	11.59	0.14
2023	0.48	2.58	3.39	11.96	0.14
2024	0.59	2.82	3.79	12.50	n/a
2025	0.71	3.15	4.31	13.13	n/a
2026	0.79	5.24	6.42	15.50	n/a
2027	0.84	5.37	6.61	15.78	n/a

(b) Except as specified in paragraph (c) of this section, EPA will calculate the annual renewable fuel percentage standards using the following equations:

Where:

StdCB,i = Cellulosic biofuel standard for year i, in percent.

StdBBD,i = Biomass-based diesel standard for year i, in percent.

StdAB,i = Advanced biofuel standard for year i, in percent

StdRF,i = Renewable fuel standard for year i, in percent.

RFVCB,i = Annual volume of cellulosic biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, or volume as adjusted pursuant to 42 U.S.C. 7545(o)(7)(D), in gallon-RINs.

RFVBBD,i = Annual volume of biomass-based diesel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs.

RFVAB,i = Annual volume of advanced biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs.

RFVRF,i = Annual volume of renewable fuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs.

Gi = Amount of gasoline projected to be used in the covered location for year i, in gallons.

Di = Amount of diesel projected to be used in the covered location for year i, in gallons.

RGi = Amount of renewable fuel projected to be contained in the projection of Gi for year i, in gallons.

RDi = Amount of renewable fuel projected to be contained in the projection of Di for year i, in gallons.

GEi = Amount of gasoline projected to be exempt for year i, in gallons, per §§ 80.1441 and 80.1442.

DEi = Amount of diesel fuel projected to be exempt for year i, in gallons, per §§ 80.1441 and 80.1442.

(c) For the 2026 and 2027 compliance years, EPA will calculate the annual renewable fuel percentage standards using the following equations:

Where:

StdCB,i = Cellulosic biofuel standard for year i, in percent.

StdBBD,i = Biomass-based diesel standard for year i, in percent.

StdAB,i = Advanced biofuel standard for year i, in percent

StdRF,i = Renewable fuel standard for year i, in percent.

RFVCB,i = Annual volume of cellulosic biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, or volume as adjusted pursuant to 42 U.S.C. 7545(o)(7)(D), in gallon-RINs.

RFVBBD,i = Annual volume of biomass-based diesel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs.

RFVAB,i = Annual volume of advanced biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs.

RFVRF,i = Annual volume of renewable fuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs.

SRERVBBD,i = Small refinery exemption reallocation volume for biomass-based diesel for year i, in gallon-RINs.

SRERVAB,i = Small refinery exemption reallocation volume for advanced biofuel for year i, in gallon-RINs.

SRERVRF,i = Small refinery exemption reallocation volume for renewable fuel for year i, in gallon-RINs.

Gi = Amount of gasoline projected to be used in the covered location for year i, in gallons.

Di = Amount of diesel projected to be used in the covered location for year i, in gallons.

RGi = Amount of renewable fuel projected to be contained in the projection of Gi for year i, in gallons.

RDi = Amount of renewable fuel projected to be contained in the projection of Di for year i, in gallons.

GEi = Amount of gasoline projected to be exempt for year i, in gallons, per §§ 80.1441 and 80.1442.

DEi = Amount of diesel fuel projected to be exempt for year i, in gallons, per §§ 80.1441 and 80.1442.

(d) The price for cellulosic biofuel waiver credits will be calculated in accordance with § 80.1456(d) and published on EPA's website.

[77 FR 1354, Jan. 9, 2012, as amended at 78 FR 49830, Aug. 15, 2013; 79 FR 25031, May 2, 2014; 80 FR 18140, Apr. 3, 2015; 80 FR 77517, Dec. 14, 2015; 81 FR 89804, Dec. 12, 2016; 82 FR 58527, Dec. 12, 2017; 83 FR 63744, Dec. 11, 2018; 85 FR 7074, Feb. 6, 2020; 87 FR 39661, July 1, 2022; 88 FR 44580, July 12, 2023; 90 FR 29759, July 7, 2025; 91 FR 16487, Apr. 1, 2026]

Notes of Decisions

Cited in 14 cases (7 in the last 5 years), 2014–2026 · leading case: Am. Fuel & Petrochemical v. EPA, 937 F.3d 559 (D.C. Cir. 2019).

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Am. Fuel & Petrochemical v. EPA, 937 F.3d 559 (D.C. Cir. 2019). · cites it 3× “3d at 699 ; see also 40 C.F.R. § 80.1405 (c) (setting out the percentage-standard formula).”

Ergon-W. Va., Inc. v. U.S. Envtl. Prot. Agency, 896 F.3d 600 (4th Cir. 2018). · cites it 2× “§ 7545(o)(3)(B) ; 40 C.F.R. § 80.1405 . For example, the percentage of renewable fuel for 2016 was 10.”

Renewable Fuels Ass'n v. EPA, 948 F.3d 1206 (10th Cir. 2020). “at 588 (citing 40 C.F.R. § 80.1405 (c)). “This solution, however, is only partial: the EPA does not currently account for small refinery exemptions granted after it promulgates percentage standards for that year – so-called retroactive exemptions.”

Nat'l Biodiesel Bd. v. Env't Prot. Agency, 843 F.3d 1010 (D.C. Cir. 2016). “§ 7545 (o)(3)(B)(ii)(I); see 40 C.F.R. § 80.1405 (c); Hermes Consolidated, LLC v.”

Growth Energy v. EPA, 5 F.4th 1 (D.C. Cir. 2021). “3d at 699 ; see also 40 C.F.R. § 80.1405 (c) (setting out the percentage-standard formula).”

Wynnewood Refining Co., LLC v. EPA, 77 F.4th 767 (D.C. Cir. 2023). · cites it 2× “EPA calculates those standards by dividing the applicable volume for each renewable fuel type by an estimate of the national 5 volume of gasoline and diesel that the U.”

Suncor Energy v. EPA, 50 F.4th 1339 (10th Cir. 2022). “The effect of this determination is that as of January 1, 2018, the gasoline and diesel production from the Commerce City Refinery remains subject to the percent standards of 40 CFR § 80.1405 , and the Commerce City Refinery is subject to all other requirements applicable to…”

Sinclair Wyoming Refining Co. LLC v. EPA, 101 F.4th 871 (D.C. Cir. 2024). · cites it 2× “§ 7545 (o)(3)(A), (B)(i); 40 C.F.R. § 80.1405 (c). For example, if the applicable volume of total renewable fuel is 10 billion gallons and the projected national volume of transportation fuel is 100 billion gallons, the percentage standard would be ten percent.”

Monroe Energy, LLC v. Env't Prot. Agency, 750 F.3d 909 (D.C. Cir. 2014). “See 40 C.F.R. § 80.1405 (c). EPA determines the required proportion on an annual basis by dividing the statutory applicable volumes by the country’s projected nonrenewable gasoline and diesel use in the compliance year.”

Ergon-West Virginia, Inc. v. EPA, 980 F.3d 403 (4th Cir. 2020). “§ 7545(o)(3); 40 C.F.R. §§ 80.1405 , 80.1407. Refineries can satisfy their obligation by: (1) generating a sufficient number of renewables on their own; (2) purchasing a sufficient number of renewable fuel credits from entities that have separated more than their obligation; or…”

Clean Fuels All. Am. v. EPA (D.C. Cir. 2026). · cites it 3× “; see 40 C.F.R. § 80.1405 (c). Still, EPA did not go as far as some had urged.”

Ctr. for Biological Diversity v. EPA, 141 F.4th 153 (D.C. Cir. 2025). “40 C.F.R. § 80.1405 (c). B. The Endangered Species Act EPA must evaluate the potential impacts of any regulation stemming from the RFS Program on critical habitats and entities listed in the ESA.”

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