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Friday, March 12, 2021

Reuters: Biden EPA Mulling Combining 2021, 2022 Biofuel Requirements

The Biden administration is mulling a plan to combine the 2021 biofuel (and 2022 biodiesel) proposed levels with those for 2022 biofuels (and 2023 biodiesel). This would not be without precedent, as there was a similar action in 2015 when the Obama administration issued the 2014, 2015 and 2016 biofuel requirements at the same time.

EPA did not comment on the possibility except to say the agency was looking at options.

The coming biofuel decisions are among several the Biden EPA has in front of them, including decisions on small refinery exemptions (SREs) which they say will not be made until after the U.S. Supreme Court rules in a case relative to the 10th Circuit Court decision which invalidated three SREs for the 2016 compliance year.

EPA has also come out and said they now back the 10th Circuit reading, signaling that the administration may make limited use of the SREs in the future.