A proposed decree between Growth Energy and EPA would require them to set the final Renewable Fuel Standard (RFS) levels for 2021 and 2022 by June 3, 2022. EPA said in the proposed decree, it would finalize the 2020 revised RFS levels in the same rule. The consent decree was published in the Federal Register today. Comments on the proposed consent decree are due March 25. EPA would need to send its 2020, 2021, and 2022 RFS levels soon to the Office of Management and Budget for review to meet the June 3 deadline.
Growth Energy sued EPA for failing to set the 2021 RFS levels by Nov. 30, 2020, and the 2022 levels by Nov. 30, 2021, as required by law. EPA proposed the 2021 and 2022 levels on Dec. 7, 2021.
EPA Expected to Release RFS Levels for 2023 and Beyond in Late Spring, Early Summer...
At the National Ethanol Conference in New Orleans, Renewable Fuels Association (RFA) President and CEO Geoff Cooper reported EPA advised his organization it plans to release RFS levels for 2023 and beyond in late spring or early summer. He said it would be logical for EPA to increase the volume requirements to drive carbon reduction. Separately, Cooper told reporters the group was hopeful EPA could propose more than 2023 levels when it unveils the plan for 2023 and beyond, a move he said would add certainty to the RFS.
Cooper welcomed EPA’s plan to include bio-intermediates (feedstocks partially processed at one site and moved to separate site for final refining) in the RFS. “More can be done to facilitate innovation and open the door to new pathways and processes,” he said.
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