Growth Energy, EPA agree to 1-week delay on final RVOs

Growth Energy and U.S. EPA submitted a notice to the U.S. District Court for the District of Columbia of a joint stipulation that extends by one week the court-ordered consent decree deadline for EPA to issue the final “set” 2023-’25 renewable volume obligations (RVOs) under the Renewable Fuel Standard.

EPA will now be required to finalize the rule by June 21.

“After discussion with EPA leadership, Growth Energy consented to this new deadline to finalize the RVOs,” said Growth Energy CEO Emily Skor. “We fully expect EPA to comply with the new deadline and look forward to a robust final rule that strengthens the RFS and enhances the biofuels industry’s ability to decarbonize the transportation sector."

In July 2022, Growth Energy and EPA submitted a consent decree agreement to the U.S. District Court for the District of Columbia that required EPA to propose the 2023 renewable fuel volume requirements no later than Nov. 16, 2022, and to finalize those requirements no later than June 14, 2023.

On Nov. 4, 2022, EPA and Growth Energy agreed to a two-week extension of the release of EPA’s proposed rule.

Similarly, this latest action extends the final rule deadline to June 21, as outlined in the language filed with the court June 13:

“Please take notice that, pursuant to Paragraph 6(a) of the decree entered by this Court, the parties provide notice of their stipulated extension to and including June 21, 2023, of EPA’s deadline to sign a final rule. Based on the parties’ discussions and mutual understandings, the parties so stipulate with the understanding that EPA will not seek a further extension of any deadline established by the decree.”

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

EPA was 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, and the 2024 renewable fuel volume obligations by Nov. 1, 2022—19 months and seven months late, respectively.