EPA’s Renewable Fuel Standard Agenda for 2019

The federal Renewable Fuel Standard (“RFS”) program has been in place for over a decade, yet uncertainty hangs over the program. EPA’s implementation of the RFS has been controversial and took center stage in recent confirmation hearings for EPA Acting Administrator Andrew Wheeler. Despite the disruption of the month-long government shut down, EPA is now confronting a wide-ranging RFS and renewable fuels agenda for 2019, that includes consideration of new rules aimed at:

• Changing summertime volatility limits for gasoline that contains 15 percent ethanol (“E15”);
  
• Setting annual RFS standards for 2020
  
• Possible administrative “reset” of statutory renewable volume obligations through 2022; and
  
• Changing rules affecting participation in Renewable Identification Number (“RIN”) markets.
  

What’s more, EPA’s ongoing consideration of small refinery exemptions (“SREs”) has drawn scrutiny and has been challenged in litigation. And the issue of how the RFS may be implemented beyond 2022 when statutory levels end continues to loom large over the future of the program. As EPA begins to address these issues, the only sure thing appears to be that every corner of the RFS regime could be up for close examination.

Crowell & Moring’s Environment and Natural Resources Group invites clients and friends to join a provocative and insightful discussion of EPA’s RFS Agenda for 2019, as they dissect and attempt to shed light on the rapidly evolving RFS landscape, and what it means in both the short and long term for regulated parties, market participants, and investors.