EPA Sends Final Targets For 2014 Biofuel To OMB

Bergeson & Campbell, P.C.
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On August 22, 2014, the U.S. Environmental Protection Agency (EPA) sent the final 2014 Renewable Fuel Standard (RFS) rule to the Office of Management and Budget (OMB) for its review and formal publication in the Federal Register. This much anticipated review is the last step before public release. Nearly nine months behind schedule currently, it is unclear whether OMB will move quickly to release and publish the rule. Typically, OMB can take anywhere between 30 to 90 days to review a proposal, or significantly longer as has been the case with more controversial rules sent from EPA. As EPA received 340,000 comments on its proposed rulemaking, a speedy review seems unlikely. Current speculation suggests modest increases, at best, are expected from OMB review and that the rule will be issued in final shortly after, or possibly before, the mid-term elections in November.

More information is available online. The current status of the 2014 RFS rulemaking at the OMB is available online.

The Biobased and Renewable Products Advocacy Group (BRAGĀ®) recently published a report describing EPA's actions delaying the final 2014 RFS rule, and the impact of the continuing delays on the RFS debate. A copy of that report is available online.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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