EPA to release 2023 RFS proposed rule by Nov. 30

The U.S. EPA and Growth Energy filed a notice with the U.S. District Court for the District of Columbia on Nov. 4 agreeing to extend the Nov. 16 deadline for the release of a proposed rule to set 2023 Renewable Fuel Standard blending obligations. That deadline is now set for Nov. 30. The deadline to finalize the rulemaking was not extended and remains on June 14, 2023.

Growth Energy filed a complaint with the court in April alleging that the EPA failed to promulgate a rule establishing the 2023 RVOs by the statutory deadline of Oct. 31, 2021. The EPA on May 23 opened a 30-day public comment period on a proposed consent decree that aimed to require the agency to release the proposed 2023 RVOs by Sept. 16, 2022, and issue a final rule setting the 2023 RVOs by April 28, 2023. Both parties later agreed to extend those deadlines to Nov. 16, 2022, and June 14, 2023, respectively. A consent decree agreement filed with the court on July 22 finalized those deadlines.

The notice filed with the court on Nov. 4 indicates the EPA does not intend to seek further extensions of any deadline for action established by the decree. It also states that the agency “will make best efforts to sign a final rule in advance of the current deadline of June 14, 2023.”

As of Nov. 7, the EPA has not delivered a copy of the proposed rule to the White House Office of Management and Budget. OMB review marks a final step before a rule is released for public comment.

“We agreed to EPA’s request for a two-week extension on the condition that November 30 will be the final deadline and there will be no further extensions of any deadline for action, as underscored in the stipulation document filed today,” said Growth Energy CEO Emily Skor in a statement released Nov. 4. “While any delay is unfortunate, this shift in timing only impacts the proposal. Importantly, the deadline for EPA’s final rule remains in place for June 14, 2023. Should the new proposal deadline pass without EPA action, Growth Energy stands ready to pursue further enforcement with the court.

“EPA cannot miss this opportunity to usher in a new era for the RFS and expand the critical role biofuels play in mitigating climate change and lowering prices at the pump.”