In today’s action EPA is establishing an applicable volume of 1.28 bill gallons for biomass-based diesel (BBD) for 2013. EPA is setting this volume based on consideration of the factors specified in the statute, including a consideration of biodiesel production, con­sumption, and infrastructure issues. As required under the statute, EPA also assessed the likely impact of BBD production and use in a variety of areas.

Under the Clean Air Act Section 211(o), as amended by the Energy Independence and Security Act of 2007, EPA is required to determine and promulgate the applicable volume of BBD that will be required in 2013 and beyond, as the statute specifies a minimum volume for the BBD category (of 1 billion gallons) for years after 2012. EPA proposed a volume requirement for 2013 of 1.28 billion gallons on July 1, 2011. EPA is able to take final action now after sufficiently evaluating the many comments on the proposal, as well as gathering additional information to enhance our analysis.