Rulemaking Process

Overview

Updated April 27, 2010

The 2008 Farm Bill Energy Title consists of 14 sections, many of which create new or expanded programs. The USDA has set priorities for how and when it will implement these programs, based on the availability of mandatory funding, Congressional emphasis and agency preference.  (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.

Rulemaking/Funding Status

The table below summarizes the regulatory status of these programs.

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 April 26, 2010
Biorefinery Assistance (Section 9003)
  • USDA issued the NOFA (PDF format) on March 12, 2010. The deadline is June 1, 2010.
  • USDA issued the proposed rule (PDF) for Biorefinery Assistance Guaranteed Loans on April 16, 2010. The deadline for comments is June 150m 2010.
Repowering Assistance (9004)
  • USDA issued a NOFA (PDF) for Repowering Assistance on March 12, 2010. The application window is through June 15, 2010.
  • The USDA issued proposed final rule (PDF) on April 16, 2010. The deadline for comments on the proposed rule is June 15, 2010.
Bioenergy Program for Advanced Biofuels (9005)
  • USDA issued an NOCP (PDF) on March 12, 2010. The deadline is May 30, 2010.
  • USDA issues a proposed rule (PDF) on April 16, 2010 for this program. The deadline for comments is May 17, 2010.
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 renewa ble energy/energy efficiency projects. The application deadline is June 30, 2010.
  • We expect that USDA will issue a proposed rule to implement the REAP program by early May of 2010.
  • USDA proposed changes to the FY 2010 REAP grant program in October 2008. ELPC submitted comments on behalf of a large ag/energy coalition, and you can read them here.
REAP – Feasibility Studies
  • USDA likely will release a NOSA by early May 2010.
REAP – Energy Technical Assistance
  • USDA likely will release a separate NOSA by early May 2010.
Biomass Research and Development (9008)
  • No NOPR or NOFA published to date.
Biomass Crop Assistance Program (BCAP) (9011)
  • USDA issued its proposed rule to implement the BCAP program on February 8, 2010, and also cancelled a June 2009 NOFA for collection, harvesting, storage and transportation activities. Comments were due on April 9, 2010.
  • ELPC filed our comments on the proposed rule for the Biomass Crop Assistance Program, on April 9, 2010. Download here. (PDF)