RFS Reset Required to be Finalized by April 2023 as Part of Legal Settlement

Source: By Todd Neeley, DTN Staff Reporter • Posted: Sunday, May 22, 2022

LINCOLN, Neb. (DTN) — EPA is expected to release proposed Renewable Fuel Standard volumes for 2023 by Sept. 16 with plans to finalize by April 28, 2023, as a result of a legal settlement reached with Growth Energy, the group announced in a news release on Friday.

As part of another settlement with Growth Energy, EPA is expected to finalize already-late RFS volumes for 2020, 2021 and 2022 by sometime in June.

EPA is expected to file a notice of the 2023 settlement on Monday in the Federal Register. This will get the ball rolling on an expected set rule. Next year will be the first year that EPA is required to set volumes at its own discretion, as the statutory volume requirements expire after 2022.

Growth Energy said the latest EPA settlement came after the group filed a lawsuit in April 2022, alleging in the U.S. District Court for the District of Columbia that “continuing its multi-year trend of disregarding statutory deadlines, EPA has ignored the nondiscretionary duty established by Clean Air Act, to promulgate that rule ‘no later than 14 months before’ 2023.

“Securing a deadline for the 2023 RVO is a significant victory in our mission to ensure certainty when it comes to biofuel blending, especially as we face a new era of the RFS,” Growth Energy CEO Emily Skor said in a statement.

“2023 is the first year where required volumes of renewable fuel are not specified by Congress and must be set by EPA. Releasing the proposed RVO is the first step for EPA to keep the RFS program on sound footing for 2023 and beyond. We look forward to EPA releasing an RVO that sets biofuel blending at levels that reflect a move toward more lower-carbon, lower-cost fuel in our transportation system.”

For 2023 and beyond, the EPA is required to coordinate with the U.S. Department of Energy and the USDA to set RVOs through rulemaking. The agencies will be required to take into consideration six statutory factors, including environmental, economic and energy security.

Read the Growth Energy complaint here: https://growthenergy.org/…

Todd Neeley can be reached at todd.neeley@dtn.com

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