WASHINGTON, D.C. – Following settlement discussions with Growth Energy, the U.S. Environmental Protection Agency (EPA) is expected to file a notice in the Federal Register on Monday seeking comment on a proposed judicial consent decree that would require EPA to propose the 2023 Renewable Volume Obligation (RVO) by no later than September 16, 2022 and finalize it no later than April 28, 2023. EPA’s notice comes after Growth Energy filed a notice of intent to sue and a complaint in federal district court in response to the agency’s violation of the deadlines to issue RVOs established by Congress for the Renewable Fuel Standard (RFS) program.

“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,” said Growth Energy CEO Emily Skor. “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.”

Background

For 2023 and beyond under the Renewable Fuel Standard (RFS), EPA, in coordination with the U.S. Department of Energy (DOE) and the U.S. Department of Agriculture (USDA), is required to set RVOs 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 it is to take effect.

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We applaud @EPA's forward-looking RFS Set for including: ✅ Implied conventional volumes above 15BG for each of the next 3 years ✅ Restored 250 million gallons of biofuel demand from 2016 ✅ Highest ever percentage standards for total renewable fuel bit.ly/3VtsyCz

via @GrowthEnergy

New 🚨 @EPA released its Set rulemaking, ushering in a new era of the RFS and growing ethanol's role in decarbonizing transportation now and into the future. We’re grateful to @POTUS + @EPAMichaelRegan for keeping clean energy on an upward trajectory. growthenergy.org/2022/12/01/gro… https://t.co/pAObZELyGk

via @GrowthEnergy

#E85 for $1.83 at @caseysgenstore on day of RFS set rule proposal!!! https://t.co/s6gVlH4wAA

via @iowa_corn

Nearly 70% of U.S. ethanol production is moved by rail. No one wants to see American motorists cut off from a vital supply of lower-cost, lower-carbon fuels so we urge both chambers to quickly to adopt this legislation. twitter.com/ChrisClaytonDT…

via @GrowthEnergy