EPA delivers proposed rule to set 2023 RFS RVOs to the OMB

The U.S. EPA on Nov. 9 delivered its proposed rule to set Renewable Fuel Standard blending obligations for 2023 and beyond to the White House Office of Management and Budget. OMB review marks a final stage before a proposed rule is released for public comment.

The RFS program was first established by the Energy Policy Act of 2005 and was later expanded by the Energy Independence and Security Act of 2007. The laws establishing the program specified annual renewable volume obligation (RVO) targets through 2022. For 2023 and thereafter, the EPA is given more discretion in setting annual blend requirements.

A summary published by the OMB explains that the “rulemaking will establish volume requirements beginning in 2023.” The summary does not specify if the proposed rule includes RVOs for multiple years.

Under a consent decree filed with the U.S. District Court for the District of Columbia, the EPA is required to release the proposed rule to set 2023 RVOs by Nov. 30 and finalize the rule by June 14, 2023. The agency earlier this month indicated it plans to meet those deadlines.