(NAFB) – Growth Energy submitted to the Environmental Protection Agency a notice of intent to sue regarding its failure to timely fulfill the agency’s statutory obligation.

The notice sent Tuesday focuses on EPA’s delay in issuing the 2022 Renewable Volume Obligation under the Renewable Fuel Standard. The RVOs for 2022 are due by November 30, 2021, an annual deadline set by Congress in the RFS. However, with less than a month to go, EPA has not issued a notice of proposed rulemaking to establish the obligations.

The Growth Energy notice gives EPA 60 days to issue the 2022 RVO before risking a lawsuit in federal court.

Growth Energy CEO Emily Skor says, “It is critical for EPA to issue these RVOs as soon as possible.”

Growth Energy claims failure to issue RVOs on time undermines the RFS by eliminating prospective, market-forcing blending obligations, and by creating uncertainty in the market for obligated parties and renewable fuels producers.