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Rule2026-18132

Renewable Fuel Standard (RFS) Program: Extension of 2025 Compliance Reporting Deadline

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Published

September 4, 2026

Effective

September 4, 2026

Issuing agencies

Environmental Protection Agency

Abstract

The U.S. Environmental Protection Agency (EPA) is extending the Renewable Fuel Standard (RFS) compliance reporting deadline for the 2025 compliance year from September 1, 2026, to October 1, 2026.

Full Text

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<title>Federal Register, Volume 91 Issue 171 (Friday, September 4, 2026)</title>
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[Federal Register Volume 91, Number 171 (Friday, September 4, 2026)]
[Rules and Regulations]
[Pages 56780-56783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18132]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2026-7195; FRL-11947.1-01-OAR]
RIN 2060-AX06

Renewable Fuel Standard (RFS) Program: Extension of 2025
Compliance Reporting Deadline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is extending
the Renewable Fuel Standard (RFS) compliance reporting deadline for the
2025 compliance year from September 1, 2026, to October 1, 2026.

DATES:
Effective date. This rule is effective on September 4, 2026.
Operational date. For operational purposes under the Clean Air Act
(CAA), this final rule is effective as of September 1, 2026.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2026-7195. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material is
not available on the internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: For questions regarding this final
rule, contact Nick Parsons, Office of Transportation and Air Quality,
Transportation Sector Impacts and Standards Division, Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number: (734) 214-4479; email address: <a href="/cdn-cgi/l/email-protection#fdafbbaed0af889198909c9694939a8ebd988d9cd39a928b"><span class="__cf_email__" data-cfemail="a6f4e0f58bf4d3cac3cbc7cdcfc8c1d5e6c3d6c788c1c9d0">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Does this action apply to me?

Entities potentially affected by this action are those involved
with the production, distribution, and sale of transportation fuels
(e.g., gasoline and diesel fuel) and renewable fuels (e.g., ethanol,
biodiesel, renewable diesel, and biogas). Potentially affected
categories include:

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Examples of potentially
Category NAICS * code affected entities
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Industry....................... 211130 Natural gas liquids
extraction and
fractionation.
Industry....................... 221210 Natural gas production
and distribution.
Industry....................... 324110 Petroleum refineries
(including importers).
Industry....................... 325120 Biogases, industrial
(i.e., compressed,
liquified, solid),
manufacturing.
Industry....................... 325193 Ethyl alcohol
manufacturing.
Industry....................... 325199 Other basic organic
chemical
manufacturing.
Industry....................... 424690 Chemical and allied
products merchant
wholesalers.
Industry....................... 424710 Petroleum bulk stations
and terminals.
Industry....................... 424720 Petroleum and petroleum
products wholesalers.
Industry....................... 457210 Fuel dealers.
Industry....................... 562212 Landfills.
------------------------------------------------------------------------
* North American Industry Classification System (NAICS).

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities potentially affected by this
action. This table lists the types of entities that the EPA is now
aware could potentially be affected by this action. Other types of
entities not listed in the table could also be affected. To determine
whether your entity would be affected by this action, you should
carefully examine the applicability criteria in 40 CFR part 80. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.

Preamble Acronyms and Abbreviations

Throughout this document, the use of ``we,'' ``us,'' or ``our'' is
intended to refer to the EPA. We use multiple acronyms and terms in
this preamble. While this list may not be exhaustive, to ease the
reading of this preamble and for reference purposes, the EPA defines
the following terms and acronyms here:

CAA Clean Air Act
RFS Renewable Fuel Standard
RIN Renewable Identification Number
RVO Renewable Volume Obligation
SRE Small Refinery Exemption

Outline of This Preamble

I. Background and Extension of 2025 RFS Compliance Reporting
Deadline
II. Rulemaking Procedures
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism

[[Page 56781]]

G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
K. Congressional Review Act (CRA)
IV. Statutory Authority and Judicial Review

I. Background and Extension of 2025 RFS Compliance Reporting Deadline

Under existing RFS regulations at 40 CFR 80.1451(f)(1)(i)(A),
obligated parties, including refiners and importers of transportation
fuel, with renewable volume obligations (RVOs) must retire credits
(Renewable Identification Numbers (RINs)) and submit annual compliance
demonstration reports to the EPA for each calendar year by the latest
of:
<bullet> March 31 of the subsequent calendar year.
<bullet> The next quarterly reporting deadline after the date the
subsequent compliance year's renewable fuel standards become effective.
<bullet> The next quarterly reporting deadline after the annual
compliance reporting deadline for the prior compliance year.
For the 2025 compliance year, this deadline was originally
established as September 1, 2026, which is the next quarterly reporting
deadline after the 2026 RFS standards became effective.\1\ In this
final rule, the EPA is extending the 2025 RFS compliance reporting
deadline to October 1, 2026, for the reasons discussed herein.
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\1\ 40 CFR 80.1451(f)(1)(i)(A)(2). The 2026 RFS standards were
established in the Set 2 Rule, which had an effective date of June
15, 2026. 91 FR 16388 (Apr. 1, 2026).
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The EPA is extending the compliance deadline to allow obligated
parties and market participants additional time to comply with the 2025
RFS compliance reporting deadline, particularly in light of the recent
issuance of small refinery exemption (SRE) decisions for the 2025
compliance year. The EPA first announced and applied the Agency's
current approach to evaluating SRE petitions on August 22, 2025, when
the Agency issued decisions on 175 SRE petitions from 38 refineries
spanning the 2016-2024 compliance years.\2\ On November 7, 2025,\3\ and
August 3, 2026,\4\ the EPA again applied the Agency's current approach
to evaluating SRE petitions when the Agency issued decisions on 22 SRE
petitions from 12 refineries spanning the 2021-2024 compliance years.
On August 31, 2026, the EPA issued decisions on 34 SRE petitions for
the 2025 compliance year.\5\ In this final rule, the EPA is providing
additional time for these small refineries, other obligated parties,
and other market participants to carry out and adjust their compliance
strategies upon issuance of the Agency's decisions on the 2025 SRE
petitions ahead of the otherwise imminent 2025 RFS compliance reporting
deadline of September 1, 2026. The EPA is extending the 2025 RFS
compliance reporting deadline from September 1, 2026, to October 1,
2026, to provide the necessary time to RFS program participants due to
the issuance of the 2025 SRE decisions. Note that this extension will
not affect the 2025 attestation engagement deadline (June 1, 2027) or
the 2026 compliance reporting deadline (March 31, 2027).
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\2\ U.S. Environmental Protection Agency. (Aug. 2025). August
2025 Decisions on Petitions for RFS Small Refinery Exemptions. EPA-
420-R-25-010.
\3\ U.S. Environmental Protection Agency. (Nov. 2025). November
2025 Decisions on Petitions for RFS Small Refinery Exemptions. EPA-
420-R-25-013.
\4\ U.S. Environmental Protection Agency. (Aug. 2026). August 3,
2026 Decisions on Petitions for RFS Small Refinery Exemptions. EPA-
420-R-26-004.
\5\ U.S. Environmental Protection Agency. (Aug. 2026). August
31, 2026 Decisions on Petitions for RFS Small Refinery Exemptions.
EPA-420-R-26-017.
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This extension of the 2025 RFS compliance reporting deadline
ensures that all small refineries are informed as to their ultimate
2025 RFS obligations and provides obligated parties with sufficient
time to carry out and adjust their compliance strategies, taking into
account the EPA's decisions on the 2025 SRE petitions, thereby
preventing unnecessary burden on obligated parties to prepare, submit,
and then possibly retract and revise their 2025 RFS compliance reports.
The EPA is extending the deadline for all obligated parties because the
Agency's decisions on SRE petitions impact the price and availability
of RINs for all obligated parties, not just small refineries. This
approach is consistent with the EPA's prior rules extending RFS
compliance reporting deadlines \6\ and consistent with case law of the
U.S. Court of Appeals for the District of Columbia Circuit.\7\
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\6\ 86 FR 17073 (Apr. 1, 2021); 87 FR 5696 (Feb. 2, 2022).
\7\ Wynnewood Refining Co., LLC, et al. v. EPA, 77 F.4th 767,
779 (D.C. Cir. 2023) (``Thus, rather than task EPA with overseeing a
fixed compliance schedule, the Act gives EPA flexibility to craft
and adjust a compliance regime in service of the Act's core mandate:
to ensure the Act's annual renewable fuel volumes are met.''). See
also Americans for Clean Energy v. EPA, 864 F.3d 691, 718-21 (D.C.
Cir. 2017); Monroe Energy, LLC v. EPA, 750 F.3d 909, 919-20 (D.C.
Cir. 2014); Nat'l Petrochemical & Refiners Ass'n v. EPA, 630 F.3d
145, 154-58 (D.C. Cir. 2010).
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Absent this EPA action to extend the 2025 RFS compliance reporting
deadline, all obligated parties--including small refineries--would be
required to comply with their 2025 RVOs by September 1, 2026. The EPA
finds that there is insufficient time for small refineries, and other
obligated parties, to adjust their compliance strategies, and for the
RIN market to react to these SRE decisions, prior to the otherwise
imminent 2025 RFS compliance reporting deadline of September 1, 2026.
Thus, the extension of the 2025 RFS compliance reporting deadline
finalized in this action will provide all obligated parties--including
small refineries--with more time to develop their compliance strategies
than they would otherwise be afforded.
Finally, the EPA notes that this action cannot impact the amount of
renewable fuel that is produced and used in 2025 as that year is
entirely in the past, and all renewable fuel production and use has
already occurred. Thus, the EPA does not anticipate any negative
impacts on the renewable fuel industry as a result of this action.

II. Rulemaking Procedures

The EPA is issuing this final rule without prior proposal and
public comment because the Agency finds that the good cause exemption
from the notice and comment rulemaking requirement of the
Administrative Procedure Act (APA) applies in this action. APA section
553(b)(B), 5 U.S.C. 553(b)(B), provides that, when an agency for good
cause finds (and incorporates the finding and a brief statement of
reasons thereof in the rule issued) that notice and comment public
procedures are impracticable, unnecessary, or contrary to the public
interest, the agency may issue a rule without providing notice and an
opportunity for public comment.
The EPA has determined that there is good cause for promulgating
this final rule without prior proposal and opportunity for comment.
Notice and comment procedures are impracticable and contrary to the
public interest, as they would not allow for implementation of this
action prior to the existing 2025 RFS compliance reporting deadline of
September 1, 2026, which would negatively impact small refineries that
only recently received SRE decisions for the 2025 compliance year, as
well as other obligated parties that might adjust their

[[Page 56782]]

compliance strategies as a result of additional RINs becoming available
in the market. As described in section I of this preamble, the EPA has
only recently issued decisions on the SRE petitions for the 2025
compliance year, just prior to the otherwise imminent 2025 RFS
compliance reporting deadline of September 1, 2026. Without this final
rule, small refineries and other obligated parties would be required to
comply with their 2025 RFS obligations without time to adjust
compliance strategies, which could result in unnecessary RIN purchases,
retirements, trades, or sales. Therefore, the EPA is promulgating this
final rule without prior proposal and opportunity for comment to
expeditiously change the 2025 RFS compliance reporting deadline before
small refineries and other obligated parties would otherwise have to
retire RINs to comply with their 2025 RFS obligations.
The EPA also finds that prior notice and comment is unnecessary
because the Agency is making only targeted changes to a compliance date
in response to immediate concerns raised by stakeholders, including
obligated parties subject to the 2025 RFS standards.\8\ The EPA is
modifying the 2025 RFS compliance reporting deadline in a manner that
does not disrupt the 2026 RFS compliance reporting deadline and thus
provides sufficient time between compliance deadlines for both the
Agency and obligated parties to manage compliance obligations. This
action also avoids risking interim noncompliance proceedings that could
occur without promulgation of this action. This action will also not
impact the use of renewable fuel under the RFS program, as 2025 is in
the past and the amount of renewable fuel used in that year cannot be
changed. Thus, the EPA does not anticipate any impact on renewable fuel
producers or the 2025 volumes overall. This targeted action provides
obligated parties with the additional time needed to conduct the
necessary RIN transactions and compliance decisions prior to the
modified 2025 RFS compliance reporting deadline.
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\8\ The EPA has also received both written and verbal requests
from stakeholders to extend the 2025 RFS compliance reporting
deadline.
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In addition, the EPA finds that prior notice and comment would be
impracticable given the applicable compliance deadlines and the
timeline involved in completing such procedures. The EPA has determined
through ongoing communications with stakeholders and review of the
relevant regulatory language, that there are legitimate barriers to
compliance with the September 1, 2026, deadline. As a result, the EPA
is making only targeted changes to the 2025 RFS compliance reporting
deadline in this action to provide the immediate relief necessary to
avoid unnecessary and problematic situations of obligated parties
expending time and resources attempting to comply in short amounts of
time. Prior notice and comment would be impracticable given the purpose
of this targeted action, which is to provide the immediate extension
required to address the problems identified above.
The EPA is also determining there is good cause to make this final
rule immediately operational upon signature. When an agency grants or
recognizes an exemption or relieves a restriction, affected parties do
not need a reasonable time to adjust because the effect is not adverse.
Here, the regulatory amendments to 40 CFR part 80 relieve a restriction
by extending the 2025 RFS compliance reporting deadline ahead of the
otherwise imminent deadline of September 1, 2026, thus providing
obligated parties with additional time to demonstrate compliance with
their 2025 RFS obligations. Because the rule revisions relieve a
restriction and advance notice is not needed, this final rule is
immediately operational upon signature.
Additionally, APA section 553(d), 5 U.S.C. 553(d), generally
provides that rules may not take effect until 30 days after they are
published in the Federal Register. The purpose of this provision is to
``give affected parties a reasonable time to adjust their behavior
before the final rule takes effect.'' \9\ However, when an agency
grants or recognizes an exemption or relieves a restriction, affected
parties do not need a reasonable time to adjust because the effect is
not adverse. Thus, APA section 553(d)(1) allows for an effective date
less than 30 days after publication for any rule that ``grants or
recognizes an exemption or relieves a restriction.'' \10\ Here, as
discussed above, the regulatory amendments to 40 CFR part 80 relieve a
restriction by extending the 2025 RFS compliance reporting deadline
ahead of the otherwise imminent deadline of September 1, 2026, thus
providing obligated parties with additional time to demonstrate
compliance with their 2025 RFS obligations.
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\9\ Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630
(D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d
1099, 1104 (8th Cir. 1977) (quoting legislative history).
\10\ See 5 U.S.C. 553(d)(1).
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III. Statutory and Executive Order Reviews

Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.

A. Executive Order 12866: Regulatory Planning and Review

This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

This action is considered an Executive Order 14192 deregulatory
action. This final rule provides burden reduction by extending the 2025
RFS compliance reporting deadline, thereby preventing unnecessary
burden on obligated parties to prepare, submit, and then possibly
retract and revise their 2025 RFS compliance reports.

C. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA. The Office of Management and Budget (OMB) has previously
approved the information collection activities related to this final
rule and has assigned the following OMB control numbers 2060-0725,
2060-0740, and 2060-0749. This action extends the 2025 RFS compliance
reporting deadline and would not impose new or different reporting
requirements on regulated parties than already exist for the RFS
program.

D. Regulatory Flexibility Act (RFA)

This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to
notice and comment requirements because the EPA has invoked the APA
``good cause'' exemption under 5 U.S.C. 553(b). The EPA's discussion of
the good cause finding for this rule, including the basis for that
finding, is discussed in the SUPPLEMENTARY INFORMATION section.

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local, or Tribal governments. Requirements for

[[Page 56783]]

the private sector do not exceed $100 million in any one year.

F. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have Tribal implications as specified in
Executive Order 13175. This action will be implemented at the Federal
level and affects transportation fuel refiners, blenders, marketers,
distributors, importers, exporters, and renewable fuel producers and
importers. Tribal governments would be affected only to the extent they
produce, purchase, and use regulated fuels. Thus, Executive Order 13175
does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the Agency has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it extends the 2025 RFS
compliance reporting deadline and does not concern an environmental
health risk or safety risk. Since this action does not concern human
health, the EPA's Policy on Children's Health also does not apply.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

This action does not involve technical standards.

K. Congressional Review Act (CRA)

This action is subject to the CRA, and the EPA will submit a rule
report to each House of Congress and to the Comptroller General of the
United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

IV. Statutory Authority and Judicial Review

Statutory authority for this action comes from sections 114, 203-
05, 208, 211, and 301 of the CAA, 42 U.S.C. 7414, 7522-24, 7542, 7545,
and 7601.
Statutory authority for the rulemaking procedures followed in this
action is provided by APA section 553(b)(B), 5 U.S.C. 53(b)(B) (good
cause exception to notice-and-comment rulemaking), and statutory
authority for making this action immediately effective is provided by 5
U.S.C. 553(d)(1). As explained in section II of this preamble, the EPA
finds good cause to forgo prior notice and comment because such
procedures are unnecessary and impracticable under the circumstances
detailed in section II of this preamble.
CAA section 307(b)(1) governs judicial review of final actions by
the EPA. This section generally provides that petitions for review of
final actions that are nationally applicable must be filed in the U.S.
Court of Appeals for the District of Columbia Circuit, and petitions
for judicial review of actions that are locally or regionally
applicable must be filed in the appropriate regional circuit. However,
CAA section 307(b)(1) also provides that petitions for judicial review
of a final action that is locally or regionally applicable must be
filed in the D.C. Circuit when ``such action is based on a
determination of nationwide scope or effect and if in taking such
action the Administrator finds and publishes that such action is based
on such a determination.''
This action is nationally applicable because it amends nationally
applicable regulations promulgated by the Administrator and codified at
40 CFR part 80. Under CAA section 307(b)(1), judicial review of this
final action is available only by filing a petition for review in the
U.S. Court of Appeals for the District of Columbia Circuit by November
3, 2026. Under CAA section 307(b)(2), the requirements established by
this final action may not be challenged separately in any civil or
criminal proceedings brought by the EPA to enforce the requirements.

List of Subjects in 40 CFR Part 80

Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum, Renewable fuel.

Lee Zeldin,
Administrator.

For the reasons set forth in the preamble, the EPA amends 40 CFR
part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

Subpart M--Renewable Fuel Standard

0
2. Amend Sec. 80.1451 by adding paragraph (f)(1)(i)(B)(6) to read as
follows:

Sec. 80.1451 What are the reporting requirements under the RFS
program?

* * * * *
(f) * * *
(1) * * *
(i) * * *
(B) * * *
(6) For the 2025 compliance year, annual compliance reports must be
submitted by October 1, 2026.
* * * * *
[FR Doc. 2026-18132 Filed 9-3-26; 8:45 am]
BILLING CODE 6560-50-P

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