The Trump administration now plans on releasing its notice of proposed rulemaking (NPRM) yet this month on the proposed levels for 2021 biofuel and 2022 biodiesel levels under the Renewable Fuel Standard (RFS).
EPA had in May forwarded its proposed levels to the Office of Management and Budget (OMB) for review, but they remain listed as being under review.
In the meantime, indications are that EPA has opted to re-work the proposed levels to account for the impacts of the pandemic.
It is not clear what the new NPRM from EPA will say, but the regulatory agenda which revealed the action noted, “Relying on statutory waiver authority that is available when the projected cellulosic biofuel production volume is less than the applicable volume specified in the statute, EPA is establishing volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory volume targets.”
The action puts EPA on a path to finalize the levels in June 2021 under the Biden administration. That could result in one of the first biofuel decisions that the Biden administrations will have an influence on.