OMB’s spring regulatory agenda includes timelines for RFS rules
Summary
According to the spring 2022 agenda, the EPA currently expects to issue a notice of proposed rulemaking to establish set 2023 RFS RVOs in September, with a final rule scheduled to be released in April 2023. An abstract of the rule published by OMB explains that the statutory provisions governing the RFS program provide target volumes for RVOs only through 2022. The timeline for the upcoming RVO rulemaking is in line with a proposed consent decree issued by the EPA in May related to a legal challenge filed against the agency by Growth Energy. That consent decree, if approved by the court, would require the EPA to release the proposed 2023 RVOs by Sept. 16, 2021, and issue a final rule by April 28, 2023. The EPA is expected to issue a separate proposed rulemaking in August related to recent requests filed by various governors to enable year-round E15 sales within their states.