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Wednesday, January 27, 2021

Proposed Rule From EPA On Biofuel and Biodiesel Levels Formally Withdrawn From OMB Review

The proposed rule on 2021 biofuel and 2022 biodiesel levels under the Renewable Fuel Standard (RFS) that has been shown as under review at the Office of Management and Budget (OMB) since May has been formally withdrawn.

The development means that the Biden administration EPA will now have to send forth a new proposed rule on the levels. The Trump administration had previously set a goal of putting for the proposed levels by December and finalizing them by June. It is not clear what the new timeline will be for the proposed and final levels.

The move is not surprising given the Biden administration undertaking a review of uncompleted and completed regulations from the Trump administration.

Normally, the proposed RFS levels are released in June or July of the year prior to them taking effect with a statutory deadline of November 30 for the levels to be finalized for the coming year (biodiesel levels are set a year in advance).