Renewable Fuel Groups Alarmed with Proposed Rule

The EPA published a Proposed Rule in the Federal Register on January 15 to extend the RFS compliance deadline for the 2019 compliance year and the associated deadline for submission of attest engagement reports for 2019 compliance for small refineries.  An attest engagement is an arrangement with a client where an independent third party investigates and reports on subject matter.  The 2019 compliance year deadline would be moved from March 31, 2020 to November 30, 2021.  Attest engagement reporting deadlines would shift from June 1, 2020 to June 1, 2022.

For the 2020 compliance year, the current annual compliance deadline for small refineries and Obligated parties would move from March 31, 2021 to January 31, 2022.  For attest engagement reporting, the 2020 compliance year deadlines would shift from June 1, 2021 to June 1, 2022.

EPA is proposing to modify the 2020 compliance deadline for all obligated parties because they have failed to promulgate the 2021 RFS standards due by November 30, 2020. EPA is also proposing to modify the 2020 compliance deadline to allow small refineries that have not yet demonstrated compliance with their 2019 obligations sufficient time between each year’s compliance obligation demonstration.

Comments on the proposed rule must be submitted by March 11, 2021.

Renewable fuel companies believe this is one last attempt by the outgoing EPA administrator to undermine the RFS on his way out the door. To some, the timeline extensions seem unwarranted and excessive.