Growth Energy, EPA reach agreement on delayed 2023 biofuel requirements

Growth Energy and the U.S. EPA submitted a consent-decree agreement July 22 to the U.S. District Court for the District of Columbia that requires EPA to propose the 2023 Renewable Fuel Standard volume requirements no later than Nov. 16, 2022, and to finalize those requirements no later than June 14, 2023.

The court is expected to approve the agreement in the coming weeks.

“Yesterday’s agreement with EPA on a deadline for the 2023 renewable fuel volume requirements is an important milestone in setting the pace for growth as we usher in a new era of the RFS,” said Emily Skor, Growth Energy CEO. “Growth Energy has led the charge in holding EPA accountable, including our April 2022 lawsuit against EPA for missing its statutorily mandatory deadlines. This recent agreement, one that is bound by court order and that avoids the uncertainty of continued litigation, ensures the certainty of the 2023 RFS requirements and further underscores Growth Energy’s steadfast commitment to keeping the RFS on sound footing now and into the future. Growth Energy will continue to lead engagement with EPA as it develops its proposal, while advocating for volumes that accelerate the move toward lower-carbon, lower-cost fuel in our transportation system.”

The consent decree follows 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 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.