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EPA Sends RFS Proposed Rule to White House for Review

Apr 21, 2016

The Environmental Protection Agency (EPA) has sent its 2017 Renewable Fuel Standard (RFS) Required Volume Obligation (RVO) proposal to the White House Office of Management and Budget (OMB) for review.

The rule covers overall RFS and total Advanced Biofuels requirements for 2017, as well as the 2018 volume requirement for biomass-based diesel.  OMB is allowed up to a 90-day review period, which would mean the Proposed Rule would be published by mid-July. By law, EPA is supposed to finalize the overall RFS 2017 levels and the 2018 biomass-based diesel by Nov. 30 of this year.

Last fall, EPA issued a Final Rule for 2014-16 (and 2017 for biomass-based diesel) that invoked waiver authority to reduce the amount of corn ethanol refiners must blend into the nation's fuel supply. Ethanol, biodiesel and oil interests have all filed suit in federal court over various aspects of the RVO’s, but those cases aren’t expected to be resolved until late this year or possibly into next year, adding a layer of uncertainty to the existing and upcoming 2017-18 rule.