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Growth Energy, EPA agreement with RVOs adds clarity to the industry

The biofuels industry and EPA have reached an agreement to complete a rulemaking process for Renewable Volume Obligations (RVOs).

Joe Kakesh, general counsel with Growth Energy, tells Brownfield EPA has until June 3^rd to finalize its 2020 to 2022 RVO’s. “What this means is that we have some level of certainty that the EPA is going to abide by a deadline. Granted, these dates are far later then they should be.”

Earlier this week, the U.S. District Court for the District of Columbia approved a consent decree between the two organizations after Growth Energy’s multiple notices of intent to sue and a complaint filed in federal court.

He says the agency has unlawfully delayed RVO requirements. “Growth felt like it had to hold EPA accountable in a judicially binding way to give some certainty in the industry so that our producers and our feedstock providers in the ag sector can plan their business.”

As an example, Kakesh says EPA is already 16 months behind issuing 2021 RVOs and it could be a year-and-a-half before it’s finalized. “That’s simply unacceptable.”

He says Growth Energy submitted comments to EPA asking that the Renewable Fuel Standard be upheld. “To make sure that they ensure EPA implements the RFS as intended and finalized robust RVO volumes for all of the years covered by the rulemaking and it doesn’t retroactively revise 2020 RVOs.

Growth Energy says the agreement is a significant milestone for the industry.

Joe Kakesh with Growth Energy: