The Environmental Protection Agency agreed to file a notice in the Federal Register seeking comment on a proposed judicial consent decree that would require EPA to finalize the 2021 and 2022 Renewable Volume Obligations. The RVO’s are the subject of pending rulemaking due no later than June 3, 2022.
The announcement is part of settlement discussions with Growth Energy, which filed multiple notices of intent to sue and a complaint in federal district court in response to the agency’s extended delay in issuing the RVOs.
Growth Energy contends the delays are a direct violation of the deadlines established by Congress for the Renewable Fuel Standard program.
Growth Energy CEO Emily Skor says, “This agreement is a significant milestone for the biofuels industry and reflects Growth Energy’s persistent efforts to hold EPA accountable.”
The EPA Federal Register notice scheduled for publication Wednesday provides 30 days for public comment from the date of publication.