Rulemaking Process

Overview

Updated March 17, 2011

The 2008 Farm Bill Energy Title consists of 14 sections, many of which create new or expanded programs.  A full listing of Energy Title sections can be found at our quick summary of Energy Title programs. Implementing the programs requires USDA to write new rules for most of them. This rulemaking process requires USDA to make many decisions which, in sum, determine the overall success of the programs. The public is an important part of this process to make sure the USDA puts the best policies in place.

On this page you can see a quick status of rulemaking for the various programs.  As of March 17, 2011, three rules are open for public comment – Biorefinery Assistance, Repowering Assistance and Bioenergy Program for Advanced Biofuels. Details below.

Rulemaking/Funding Status

The table below summarizes the regulatory status of these programs.  All linked documents are in portable document file (PDF) format.

Acronyms:

  • NOFA - Notice of Funds Availability, and NOSA – Notice of Solicitation of Applications  – Both mean the USDA is accepting applications for funding under a given program.
  • NOPR - Notice of Proposed Rulemaking – A notice from the USDA that they are beginning the process for proposed permanent rules for a given program.
  • NOCP – Notice of Contract for Proposal – A notice of proposal for contracts.

Program Name

Status as of March 17, 2011
Biorefinery Assistance (Section 9003)
  • Interim Final Rule issued on February 14, 2011. Deadline for comments is April 15, 2011.
  • FY11 NOFA issued March 11, 2011 for approximately $463 million in total program funds for loan guarantees. Deadline for funding applications is May 10, 2011.
Repowering Assistance (9004)
  • Interim Final Rule issued February 11, 2011.  The deadline for comments is April 12, 2011.
  • FY11 NOFA issued March 11, 2011. Funding application deadline is June 11, 2011.
Bioenergy Program for Advanced Biofuels (9005)
  • Interim Final Rule issued on February 11, 2011. Deadline for comments is April 12, 2011.
  • FY11 NOCP issued for elible advanced biofuel producers on March 11, 2011. Application deadline is May 1o, 2011.
Rural Energy for America Program (REAP) (9007) – Grants and Loan Guarantees
  • USDA issued a NOSA on April 26, 2010 for grants and loan guarantees for renewable energy/energy efficiency projects. The application deadline was June 30, 2010.
  • We expect USDA will issue an Interim Rule to implement this REAP program by the end of April 2011.
REAP – Feasibility Studies
  • FY10 NOFA issued August 6, 2010; application deadline was October 5, 2010. USDA has announced FY2010 awards.
  • We expect USDA will issue an Interim Rule to implement REAP’s Feasibility Studies program by April 2011.
REAP – Energy Technical Assistance
  • FY10 NOFA issued on May 27, 2010; application deadline was July 26, 2010.
  • We expect USDA will issue an Interim Rule to implement REAP’s energy technical assistance program by April 2011.
Biomass Research and Development (9008)
Biomass Crop Assistance Program (BCAP) (9011)
  • Final Rule issued on October 27, 2010. Applications for matching and establishment payments is ongoing, subject to continued funding. USDA’s BCAP implementation website provides forms and additional information.