ESA 7(d) Biological Evaluation for Renewable Fuel Standard Set 2 Rule
Summary
The EPA, in coordination with NOAA Fisheries and U.S. Fish and Wildlife Service, completed ESA Section 7(d) consultation procedures for the Renewable Fuel Standard Program Set 2 Rule covering the 2026-2027 compliance period. The agencies exchanged biological evaluations and concurrence requests regarding effects on listed species and designated critical habitat areas.
What changed
The EPA transmitted a Biological Evaluation for the RFS Set 2 Rule to the Services (NOAA Fisheries and USFWS) on March 20, 2026. NOAA Fisheries responded on March 25, 2026, concurring with the EPA's 'Not Likely to Adversely Affect' determinations for listed species and critical habitat. USFWS provided its biological evaluation review on March 27, 2026.
This documentation completes the interagency consultation phase under ESA Section 7(d) for the RFS Set 2 Rulemaking. Regulated parties in the renewable fuel supply chain should continue monitoring EPA's RFS program developments for the 2026-2027 compliance year. The consultation record supports the EPA's continued implementation of renewable fuel volume requirements.
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March 20, 2026 Email from EPA to Services
More Information
- Abstract March 20, 2026 Email to Craig Aubrey et al. from Sarah Dunham, Director, Office of Transportation and Air Quality Office of Air and Radiation, regarding Biological Evaluation of the Renewable Fuel Standard Set 2 Rule
- Author(s) Sarah Dunham
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March 25, 2026 Email from NOAA-NMFS to EPA
More Information
- Abstract March 25, 2026 Email to Sarah Dunham, EPA, from Tanya Dobrzynski, NOAA Fisheries regarding Request for Concurrence on the Not Likely to Adversely Affect Determinations to Listed Species and their Designated Critical Habitat Areas for EPA’s Renewable Fuel Standard (RFS) Set 2 Rule
- Author(s) Tanya Dobrzynski
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March 27, 2026 Email from DOI-FWS to EPA
More Information
- Abstract March 27, 2026 Email to Nathaniel Tisa, EPA from Jennifer Thompson, Acting Chief, Branch of National Consultations Ecological Services Program regarding Biological Evaluation for the Renewable Fuel Standard Program Set 2 Rule
- Author(s) Jennifer Thompson
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