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Fuel groups disappointed in EPA’s finalized delay of RVO Compliance

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After promising to reintroduce transparency into the Renewable Fuel Standard program, the U.S. Environmental Protection Agency Administrator announced new extensions. Today, the EPA announced a finalized extension to the Renewable Volume Obligation (RVO) compliance deadlines for 2019, 2020, 2021, and for 2022. 

The 2019 RVO compliance deadline for small refineries was originally set for November 30, 2021, and the 2020 RVO compliance deadline for all obligated parties was previously set for January 31, 2022. EPA is finalizing rolling compliance deadlines based on publication of the final RVOs for 2020-2022.

Farm and fuel groups said this action is contradictory to initial announcements. Growth Energy CEO Emily Skor said, “Delaying compliance deadlines is completely contradictory to efforts to lower rising gas prices and increase the use of cleaner, lower-carbon fuels,” said Skor. “By continuing to delay compliance deadlines, EPA is creating uncertainty in the marketplace and stunting the blending of biofuel needed to decarbonize transportation as the Renewable Fuel Standard intended.

“Moving ahead, it is vital for EPA to get the RFS back on track. EPA can start by making needed changes to its proposed cuts to the 2020 RVOs and low volumes for 2021. Importantly, EPA needs to swiftly finalize the proposed volumes for 2022. Administrator Regan has emphasized time and time again the need for transparency and certainty when it comes to the RFS. Ensuring timely compliance and finalizing strong biofuel blends can help Administrator Regan follow through on these promises and provide much needed certainty for biofuel producers.”

However, the EPA did set new guidelines for the future. From 2023 and on, RFS compliance and attest engagement reporting deadlines have been determined. The annual compliance reporting deadline will be the latest date of the following:

  • March 31st of the subsequent calendar year;
  • The next quarterly reporting deadline after the effective date of the final rule establishing the subsequent compliance year’s RFS standards; or
  • The next quarterly reporting deadline after the annual compliance reporting deadline for the prior compliance year.

In November, EPA announced a proposal to extend the RVO compliance deadlines for 2019, 2020, 2021, and for 2022. 

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