EPA deadline to issue RFS proposal extended to Nov. 30

The U.S. EPA and Growth Energy agreed Nov. 4 under their consent decree to delay by two weeks the issuance of the proposed 2023 renewable volume obligation (RVO) under the Renewable Fuel Standard.

EPA is now required to propose the biofuel requirements by no later than Nov. 30. This does not affect the consent decree deadline for finalizing the RVOs by no later than June 14, 2023.

“We agreed to EPA’s request for a two-week extension on the condition that Nov. 30 will be the final deadline and there will be no further extensions of any deadline for action, as underscored in the stipulation document filed today,” said Growth Energy CEO Emily Skor. “While any delay is unfortunate, this shift in timing only impacts the proposal. Importantly, the deadline for EPA’s final rule remains in place for June 14, 2023. Should the new proposal deadline pass without EPA action, Growth Energy stands ready to pursue further enforcement with the court. EPA cannot miss this opportunity to usher in a new era for the RFS and expand the critical role biofuels play in mitigating climate change and lowering prices at the pump.”

On July 22, Growth Energy and EPA submitted a consent decree agreement to the U.S. District Court for the District of Columbia that requires EPA to propose the 2023 renewable fuel volume requirements no later than Nov. 16, and to finalize those requirements no later than June 14, 2023.

The Nov. 4 action extends the proposal deadline to Nov. 30.

The consent decree agreement followed Growth Energy’s notice of intent to sue and filing of a complaint in federal district court in response to the agency’s violation of the statutory deadlines to issue renewable fuel volume requirements for the RFS program.

For 2023 and beyond under the RFS, EPA, in coordination with the U.S. DOE and USDA, is required to set renewable fuel volume requirements through rulemaking, taking into consideration six statutory factors, including environmental, economic, and energy security.

EPA is required to set the 2023 volume requirements at least 14 months prior to the calendar year in which they are to take effect.

For 2023, EPA was required to finalize the 2023 renewable fuel volume requirements by Nov. 1, 2021.