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Growth Energy to sue EPA over failure to issue 2021 biofuel blending targets

Growth Energy submitted a notice of intent to sue letter to the Environmental Protection Agency (EPA) regarding its failure to fulfill its statutory obligation to issue the 2021 Renewable Volume Obligation (RVO) by 30 November 30 2020, an annual deadline set by the Renewable Fuel Standard (RFS). The notice gives EPA 60 days to issue the 2021 RVO before risking a lawsuit in federal court.

Every year, EPA is required to set the RVO so that biofuel and fossil fuel companies understand their total renewable fuel blending obligations for the following year. Failure to set the RVO undermines the RFS and could lead to uncertainty in the market and lower than necessary biofuel blending levels.

Biofuel producers faced a difficult year in 2020, with fuel demand plummeting to 30-year lows at a historic rate. At its lowest, over half the country’s biofuel plants were forced to slow down or idle, and many have still been unable to come back online. As we head into a new year and our industry continues to try and recover the from the effects of COVID-19, EPA’s failure to meet their statutory obligation to issue RVOs piles on the uncertainty in the fuel marketplace. The Agency needs to take action on behalf of rural America and follow through with its RFS obligation.

—Growth Energy CEO Emily Skor

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