The Environmental Protection Agency will publish a notice in the Federal Register on Wednesday seeking comment on a proposed judicial consent decree that would require EPA to finalize the 2021 and 2022 Renewable Volume Obligations (RVOs) by no later than June 3.

The notice says that the consent decree would settle the case of Growth Energy v. Regan. On Feb. 8, Growth Energy filed a complaint in the U.S. District Court for the District of Columbia alleging that EPA failed to perform non-discretionary duties in accordance with the act to establish renewable fuel standards for calendar years 2021-2022.

“This agreement is a significant milestone for the biofuels industry and reflects Growth Energy’s persistent efforts to hold EPA accountable to its responsibilities under the RFS to issue timely RVOs and provide market certainty,” Growth Energy CEO Emily Skor said in a news release. “We are pleased that EPA has agreed to take this action.

“Furthermore, we are hopeful that EPA’s agreement to submit to judicial oversight of a binding RVO deadline gives credence to the agency’s commitment to get the RFS back on track and provide regulated parties and the biofuels industry with timely guideposts to enhance market certainty and incentivize innovation for the future of biofuels. This is particularly important as EPA moves to consider the blending obligations for the already-delayed RFS ‘set’ in the year ahead,” Skor concluded.

In the news release, Growth Energy noted that in December 2020, the group submitted a notice of intent to sue EPA for its failure to meet the statutory deadline for issuing the 2021 RVOs and that late last year it submitted another notice of intent to sue  EPA regarding its failure to timely issue the 2022 RVOs, as well as the “set” renewable fuel volumes for 2023. As part of the settlement process, Growth Energy then filed a complaint in the U.S. District Court for the District Columbia asking the court to compel EPA to issue the long-delayed RVOs for 2021 and 2022.

The comment period is 30 days.