WASHINGTON, D.C. – Today, Congressman Brad Finstad (MN-01), Congresswoman Nikki Budzinski (IL-13), Senator Joni Ernst (R-IA), and Senator Tammy Baldwin (D-WI) led a bipartisan, bicameral follow-up letter to the Biden Administration, once again urging the Environmental Protection Agency (EPA) and the Office of Management and Budget (OMB) to implement their outstanding regulatory action to remove the 1-psi volatility waiver for gasoline and ethanol blends, like E15, in Midwest states.

Today’s letter comes more than 300 days after Rep. Finstad and Sen. Ernst’s initial letter requesting EPA and OMB act on a request made by several Midwest governors to lift restrictions on the year-round sale of ethanol, and more than 500 days since the statutory deadline of the governors’ April 2022 request, with no action from OMB.

“It is long past time for the Biden Administration to implement our Midwest states’ request and permanently remove restrictions on the sale of E15,” said Rep. Finstad. “Sadly, this White House is intent on stonewalling the sale of a cheaper, cleaner fuel option for consumers and by doing so, withholding certainty for our biofuel producers and fuel retailers.”

“E15 can deliver meaningful savings to consumers at the fuel pump--a fact that only becomes more apparent during the busy holiday travel season. We're glad this bipartisan group of lawmakers is committed to lowering fuel costs by increasing access to homegrown biofuels. This letter is yet another example of how the industry and its champions are pressing the Biden Administration at every level to compel them to finally comply with the law and allow for the sale of E15 year-round in the petitioning states.” – Emily Skor, CEO of Growth Energy

“RFA applauds the work of Reps. Finstad and Budzinski in leading a bipartisan group of lawmakers in standing with America’s farmers and ethanol producers,” said RFA President and CEO Geoff Cooper. “We thank them for pressing the administration to finalize this rule as soon as possible. We’re hopeful that their letter will help break the logjam and ensure drivers in these states are able to enjoy the benefits of lower-cost, lower-carbon E15 all year long. Waiting until the last minute to act on the governors’ request isn’t good for anyone. The marketplace needs clarity and certainty now about the status of E15 in these eight states.”

Cosigners of the letter include Reps. Flood, Craig, Miller (OH), Sorensen, Miller-Meeks, Smith (NE), Pocan, Hinson, Feenstra, Johnson (SD), Fischbach, Alford, and Emmer, as well as Senators Ricketts, Grassley, Fischer, Brown, and Klobuchar. 

Background:

On April 28, 2022, the governors of Minnesota, Iowa, Illinois, Kansas, Nebraska, North Dakota, South Dakota, and Wisconsin notified the EPA they would use the Clean Air Act authority provided to State Governors to remove the 1-psi volatility waiver for summer sales of E15. Ohio and Missouri have also joined this effort.

Section 211(h)(5)(B) of the Clean Air Act states that the Administrator “shall promulgate regulations” effectuating this action “… not later than 90-days after the date of receipt of a notification from a Governor.” Under this statute, the removal of the 1-psi waiver should have been completed no later than July 27, 2022.

On February 9, 2023, Rep. Finstad again pressed the administration for action on year-round E-15, leading a bipartisan group of 31 members of both the Senate and the House of Representatives in sending a letter to EPA and OMB, urging the agencies to quickly implement their outstanding regulatory action on the request made the previous April.