The U.S. EPA and Growth Energy filed a notice with the U.S. District Court for the District of Columbia on June 13 agreeing to extend the June 14 deadline to issue the final Renewable Fuel Standard “set” rule by one week, to June 21.

In July 2022, the EPA and Growth Energy filed a consent decree agreement with the court that required the agency to issue a proposed rule to set 2023 RFS renewable volume obligations (RVOs) by Nov. 16, 2022, and finalize those RVOs by June 14, 2023. On Nov 7, 2022, the two groups agreed to extend the Nov. 16, 2022, deadline to Nov. 30, 2022. The June 14, 2023, deadline for issuance of the final rule was maintained.

The U.S. EPA released the proposed RFS “set” rule on Dec. 1, 2022. A public comment period was open through Feb. 10, 2023. In addition to the 2023 RVOs, the proposed rule also included RVOs for 2024 and 2025, as well as provisions to open the RFS to certain types of biogas-based electricity generation used to power vehicles (eRIN provisions). It is currently unclear whether the eRIN proposed provisions will be included in the final “set” rule.

The EPA in mid-May delivered its final RFS “set” rule to the White House Office of Management and Budget, where it is currently undergoing interagency review.

“After discussion with EPA leadership, Growth Energy consented to this new deadline to finalize the RVOs,” said Emily Skor, CEO of Growth Energy. “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.”

The court notice filed on June 13 indicates that EPA will not seek a further extension to the new June 21 deadline to promulgate the final RFS “set” rule.