January 4, 2023
BY Erin Voegele
The White House Office of Management and Budget on Jan. 4 published its 2022 Fall Unified Agenda and Regulatory Plan, confirming the expected timeline on federal rulemakings related to the Renewable Fuel Standard, E15 sales and the Biopreferred program.
According to the agenda, the U.S. EPA is still expected to finalize its RFS “set” rule by June 2023, as required as part of a consent decree filed with the U.S. District Court for the District of Columbia. The proposed rule, released on Dec. 1, 2022, aims to set renewable volume obligations (RVOs) for 2023, 2024 and 2025. It also addresses the generation of electric renewable identification numbers (e-RINs) from eligible sources of biomass-based electricity. A comment period on the rulemaking is open through Feb. 10.
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The EPA is also expected to finalize a rulemaking that would allow year-round sales of E15 in several Midwestern states in March 2023, according to the agenda. The agency in early December delivered a proposed rule to the OMB related to a petition filed by several Midwest governors seeking a solution to year-round E15 sales in their states. A summary published by the OMB explains that the proposed rule “implements a provision in the Clean Air Act which provides that a governor of a state may request that the 1-psi volatility waiver provided in the statute for gasoline-ethanol blends be removed in the state.” The agency said it has received such a request from Illinois, Iowa, Kansas, Minnesota, Nebraska, North Dakota, South Dakota and Wisconsin.
According to the agenda, the USDA is also working to complete a rulemaking of interest to the bioenergy and biorefining sector. The agency is expected to release a notice of proposed rulemaking in February related to its Biobased Markets Program (Biopreferred). The action will add 2018 Farm Bill provisions to the program, specifically proposing to codify program guidance into the regulations. The rulemaking is expected to reduce burden on both the applicants and the agency by reducing requirements, clarifying requirements, streamlining the application and certification process, and increasing efficiencies in program delivery.
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Additional information on the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions is available on the OMB website.
The U.S. House of Representatives early on May 22 narrowly passed a reconciliation bill that includes provisions updating and extending the 45Z clean fuel production tax credit. The bill, H.R. 1, will now be considered by the U.S. Senate.
U.S. EPA Administrator Lee Zeldin on May 21 stressed the agency is working “as fast as humanly possible” to finalize a rulemaking setting 2026 RFS RVOs during a hearing held by the U.S. Senate Committee on Environment and Public Works.
Chevron U.S.A. Inc. on May 15 filed a notice with the Iowa Workforce Development announcing plans to layoff 70 employees at its Ames, Iowa, location by June 18. The company’s Chevron REG subsidiary is headquartered in Ames.
Clean Fuels Alliance America on May 22 delivered a letter to U.S. EPA Administrator Lee Zeldin, urging him to set the 2026 RFS biomass-based diesel volume at no less than 5.25 billion gallons and allow continued growth in the 2027 volumes.
Luxury North Dakota FBO, Overland Aviation—together with leading independent fuel supplier, Avfuel Corp.— on May 19 announced it accepted a 8,000-gallon delivery of sustainable aviation fuel (SAF) on May 12.