EPA Issues Emergency Fuel Waiver for E-15 Sales 

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April 19, 2024

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(U.S. Environmental Protection Agency) EPA takes action to provide consumers relief at the pump by helping ensure an adequate fuel supply ahead of the upcoming season -- Today, April 19, the U.S. Environmental Protection Agency is issuing an emergency fuel waiver to allow E15 gasoline — gasoline blended with 15% ethanol — to be sold during the summer driving season. 

This action will provide communities with relief at the pump from ongoing market supply issues created by the ongoing war in Ukraine and conflict in the Middle East by increasing fuel supply and offering a variety of gasoline fuel blends from which consumers can choose. This waiver will help consumers protect themselves against fuel supply shocks by reducing our reliance on imported fossil fuels, continuing to bolster U.S. energy independence, all while supporting American agriculture and manufacturing. Current estimates indicate that on average, E15 is about $0.25 a gallon cheaper than E10. 

“Under President Biden’s leadership, EPA is taking action to protect Americans from fuel supply challenges resulting from ongoing conflict overseas by ensuring consumers have more choices at the pump,” said Administrator Michael S. Regan. “Allowing E15 sales during the summer driving season will increase fuel supply, while supporting American farmers, strengthening our nation’s energy security, and providing relief to drivers across the country.”

The Clean Air Act allows the EPA Administrator, in consultation with the Department of Energy, to temporarily waive certain fuel requirements to address shortages. As a result of ongoing issues with gasoline supplies Administrator Regan determined that extreme and unusual fuel supply circumstances exist and has granted a temporary waiver to help ensure that an adequate supply of gasoline is available. As required by the Clean Air Act, EPA and DOE evaluated the situation and determined that granting the waiver was in the public interest. 

Currently, in approximately two-thirds of the country, E15 cannot be sold from terminals starting on May 1 and at retail stations starting on June 1. EPA is providing relief by extending the 1-psi Reid Vapor Pressure waiver that currently applies to E10 gasoline to E15, which will enable E15 sales throughout the summer driving season in these areas, if necessary. This action only extends the 1-psi waiver to E15 in parts of the country where it already exists for E10. E15 can already be sold year-round in parts of the country that have a Reformulated Gasoline program. 

Because the RVP of E10 and E15 gasoline used by consumers will be the same, EPA does not expect any impact on air quality from this limited action. EPA’s research has shown no significant impact on evaporative emissions when the 1-psi waiver is extended to E15. With no significant impacts on emissions from cars and trucks, EPA expects consumers can continue to use E15 without concern that its use in the summer will impact air quality. 

EPA’s emergency fuel waiver will go into effect on May 1 when terminal operators would otherwise no longer be able to sell E15 in the affected regions of the country and will last through May 20 which is the statutory maximum of 20 days. EPA will continue to monitor the supply with industry and federal partners, and the Agency expects to issue new waivers effectively extending the emergency fuel waiver until such time as the extreme and unusual fuel supply circumstances due to the ongoing war in Ukraine and conflict in the Middle East are no longer present.

For more information on this announcement, please visit the EPA Fuel Waivers webpage.  READ MORE

RFA Thanks Biden Administration for Decisive Action Allowing E15 This Summer (Renewable Fuels Association)
Growth Energy: Drivers Will Be Able to Rely on E15 This Summer, Thanks to Emergency Waiver (Growth Energy)
ACE Grateful for EPA Emergency Waiver Allowing E15 this Summer (American Coalition for Ethanol)
Ethanol Report 4-19-24: RFA's Troy Bredenkamp and Scott Richman discuss EPA E15 Waiver (Energy.AgWired.com; includes AUDIO)
Ethanol Industry Pleased EPA Issues Summer E15 Waiver (Energy.AgWired.com)
EPA Issues Emergency Waiver For Unleaded 88 (Minnesota Bio-Fuels Association)
The EPA is again allowing summer sales of higher ethanol gasoline blend, citing global conflicts (Associated Press)
US EPA allows temporary expansion of higher-ethanol gasoline blend this summer (Reuters)
EPA provides temporary waiver allowing summer sales of E15 (Politico Pro)
EPA issues waiver allowing higher-ethanol gas to be sold this summer (The Hill)
A MORE PERMANENT YEAR-ROUND E15 FIX NEEDED (Brownfield Ag News)
E15 WAIVER ALLOWS SUPPLY CHAIN TO ADJUST IN NICK OF TIME (Brownfield Ag News)
Indiana’s Corn, Ethanol Producers to Receive a Boost from E15 Summertime Sales Waiver (Brownfield Ag News)
Year-round access to E-15 nationwide is a no-brainer (Times-Republican)
GROWTH ENERGY TOUTS BENEFITS OF BIOFUELS, YEAR-ROUND E15 AT DES MOINES EARTH DAY EVENT (Brownfield Ag News)
E15 BRINGS MORE PROFITABILITY FOR CORN FARMERS (Brownfield Ag News)

Excerpt from Renewable Fuels Association: The emergency fuel waiver issued today by the U.S. Environmental Protection Agency will help American consumers save money at the pump this summer, while also cutting greenhouse gas emissions and harmful tailpipe pollution. The Renewable Fuels Association thanked both EPA and the White House for issuing the waiver, which allows uninterrupted nationwide sales of gasoline containing 15 percent ethanol (E15).

The lower-cost, lower-carbon E15 blend is approved for use in more than 95 percent of vehicles on the road today, according to EPA. Drivers typically save at least 25 cents per gallon when filling up with E15.

“With gas prices on the rise again and geopolitical conflict roiling global energy markets, we applaud President Biden and EPA Administrator Michael Regan for taking decisive action to combat potential fuel shortages and keep a lid on gas prices this summer,” said RFA President and CEO Geoff Cooper. “Allowing uninterrupted sales of E15 will help extend gasoline supplies, prevent fuel shortages, protect air quality and reduce carbon emissions. We also appreciate the efforts of USDA Secretary Tom Vilsack and the many ethanol supporters in Congress who advocated for continued access to E15 this summer.”

Cooper noted that year-round E15 has been allowed every year under the Biden administration. Regan took similar emergency action in both 2022 and 2023, and EPA allowed retailers to continue selling E15 following an adverse court decision in an oil industry lawsuit in the summer of 2021.

While RFA welcomed today’s EPA announcement, Cooper was quick to point out that a permanent legislative solution allowing year-round E15 is still needed. “For the environmental and economic benefits of E15 to be fully realized, the marketplace needs long-term certainty,” he said. “It’s time for Congress to pass legislation—like the Nationwide Consumer and Fuel Retailer Choice Act—that would deliver permanent year-round access for E15 and finally break the cycle of ad hoc, stop-gap emergency waivers.”

Today’s decision will also reduce summertime air pollution, as shown in RFA’s “E15 Fact Check.” And, according to EPA, “consumers can continue to use E15 without concern that its use in the summer will impact air quality.”

The emergency waiver issued today follows a months-long concerted effort by RFA and its allies, Cooper said.

In late March, RFA and allies sent a letter to the Environmental Protection Agency, calling on Administrator Michael Regan to act swiftly on an emergency waiver for E15 sales.
In March and April, RFA ran advertising in the Washington, D.C., media market expressing the importance of continued access to E15 this summer.
In an RFA blog post on April 2, Chief Economist Scott Richman estimated that U.S. sales of the E15 fuel blend hit a record 1.11 billion gallons in 2023.
The next day, nearly 1,000 farmers, ethanol industry workers and other supporters from across the country sent a letter to President Biden also urging immediate action on E15.
Finally, last week, 46 members of the House and Senate separately sent letters to President Biden urging his administration to allow the lower-cost E15 fuel blend to be sold through the summer months.

In February, EPA granted a petition from eight Midwest governors to allow year-round sales of E15 in their states. However, that regulation does not go into effect until 2025. READ MORE

Excerpt from Growth Energy: Growth Energy, the nation’s largest biofuel trade association, welcomed today’s announcement that the U.S. Environmental Protection Agency (EPA) will grant an emergency waiver allowing for the summer sale of E15—a lower-carbon, more affordable fuel blend made with 15% American bioethanol. EPA announced the decision following an intense campaign by Growth Energy and elected leaders.

“We commend EPA Administrator Regan, Secretary Vilsack, and the Biden administration for easing pain at the pump this summer by protecting access to lower-carbon, more affordable E15,” said Growth Energy CEO Emily Skor. “Given ongoing supply threats stemming from unrest in Ukraine, the Middle East, and Red Sea shipping routes, this waiver will serve as a valuable shield against volatile fuel costs and help more working families benefit from E15, which has been saving drivers 10 to 30 cents per gallon.

“We’re grateful to our steadfast champions on Capitol Hill who have fought hard for consumer access to E15, and, beyond this summer, we look forward to continuing work with them to find a permanent solution for year-round sales of E15.”

ABOUT E15 (UNL88)

E15 (UNL 88) is a fuel blend made of gasoline and 15% ethanol. The U.S. Environmental Protection Agency (EPA) has approved its use in all cars, trucks, and sport utility vehicles (SUVs) made in model year 2001 and newer—representing more than 96% of all vehicles on the road today. E15 can be found at over 3,400 gas stations across the country and to date, Americans have driven more than 100 billion miles on this fuel blend. In 2022 and 2023, consumers choosing E15 experienced average cost savings of 10-30 cents per gallon, with some locations offering over $1 off per gallon. READ MORE

Excerpt from American Coalition for Ethanol: Today, for the third consecutive year, the Environmental Protection Agency (EPA) announced it is issuing an emergency fuel waiver to allow E15 to be sold during the summer driving season in response to the ongoing impact of the war in Ukraine and the Middle East. For U.S. consumers who are facing rising prices, this action will provide a lower cost and cleaner choice at the pump. American Coalition for Ethanol (ACE) CEO Brian Jennings issued the statement below following the announcement:

“We are grateful EPA has once again responded to our requests for a national emergency waiver for E15 which will relieve pain at the pump and reduce pollution from vehicles over the summer months. ACE members pushed EPA to take this action during our DC fly-in last month and nearly 200 of our grassroots advocates contacted President Biden and Administrator Regan this month in support of an emergency waiver before the start of the 2024 summer driving season.

"Earlier this year, the Biden administration finally confirmed E15 can permanently be offered in eight Midwest states, but postponed year-round access in those states until the summer of 2025. Today’s action is an important reminder that higher ethanol blends play a critical part in our nation’s energy security as well as contribute significant climate and air quality benefits. A permanent solution to year-round E15 will ensure these benefits aren’t left to the whim of ad hoc agency decision making in the future.

“The Biden administration has rightfully exercised emergency authority to enable nationwide access to E15 for three summer driving seasons, but ultimately Congress must adopt the bipartisan Nationwide Consumer and Fuel Retailer Choice Act (S. 2707) to ensure continuous access to E15 nationwide.”

More than 95 percent of all U.S. vehicles are approved to use E15 and nearly 3,400 retail sites offer E15 across 30 states. E15 typically costs 5 to 25 cents per gallon less than E10 and 40 cents to $1.00 less than non-ethanol gasolines. E15 also has a higher-octane rating, so allowing its sale gives consumers the option to buy a higher quality product for less money. READ MORE

Excerpt from Energy.AgWired.com: The emergency fuel waiver issued by the Environmental Protection Agency to allow sales of E15 this summer will help American consumers save money at the pump, while also cutting greenhouse gas emissions and harmful tailpipe pollution, but the Renewable Fuels Association says a permanent legislative solution is still necessary.

The emergency waiver issued Friday follows a concerted effort by RFA and its allies and will make the sixth year that some type of EPA action has allowed sales of 15% ethanol fuel in conventional gasoline areas during the summer.

In this edition of The Ethanol Report, RFA Senior VP for Government & Public Affairs Troy Bredenkamp and Chief Economist Scott Richman discuss the E15 waiver and why it was necessary, and why the Nationwide Consumer and Fuel Retailer Choice Act of 2023 is more important than ever.

Ethanol Report 4-19-24 (28:13) The Ethanol Report is a podcast about the latest news and information in the ethanol industry that has been sponsored by the Renewable Fuels Association since 2008. READ MORE

Excerpt from Minnesota Bio-Fuels Association: “The emergency waiver announced today by the EPA ensures the sales of Unleaded 88 will not be interrupted this summer. This is welcomed news for Minnesota’s biofuels industry and a victory for our state’s economy and environment. Unleaded 88 reduces air emissions, lowers prices at the pump, and sustains rural jobs and agricultural markets.

“We appreciate the Biden Administration’s swift action, and thank Senators Klobuchar and Smith, Representatives Craig, Finstad, and Fischbach, and Gov. Walz for pushing for this emergency waiver,” said Brian Werner, executive director of the Minnesota Bio-Fuels Association (MN Bio-Fuels).

In February 2024, the EPA approved the permanent, year-round sale of Unleaded 88 in eight midwestern states including Minnesota. The rule, however, does not go into effect until April 28, 2025.

“While today’s announcement is an important step, we need a legislative solution that will ensure permanent, year-round, nationwide access to Unleaded 88. The Minnesota Bio-Fuels Association will continue advocating for the enactment of the bipartisan Consumer and Fuel Retailer Choice Act, which would solve this longstanding, antiquated regulatory hurdle once and for all,” Werner said.

Minnesota's ethanol consumption rate of 12.71 percent is the highest in the country, and Unleaded 88 is offered at nearly 500 retail locations across the state. According to the Minnesota Department of Commerce, the average savings for Unleaded 88 was $0.16 per gallons in 2023.

In 2023, annual Unleaded 88 sales in Minnesota reached a new milestone with 127.56 million gallons sold, a 21 percent increase from the previous annual record of 105.5 million gallons in 2022.

Moreover, the volume sold in 2023 was double the sales from five years ago (60 million gallons sold in 2018).

In the first two months of 2024, 20.83 million gallons of Unleaded 88 was sold in Minnesota compared to 18.31 million gallons over the same period in 2023.

The sale of Unleaded 88 has historically been restricted during the summer driving season because of concerns about evaporative emissions in higher temperatures. The U.S. Congress provided a permanent waiver from volatility standards for E10 (a gasoline blend with 10 percent ethanol) in the Clean Air Act Amendments of 1990, before Unleaded 88 existed as a fuel. Research has shown that the evaporative emissions associated with Unleaded 88 (E15) are equal to or less than E10.

The EPA has granted emergency waivers allowing summertime sale of E15 in the past three years - 2022, 2023 and now 2024.

In 2011, the EPA approved the use of Unleaded 88 in all vehicles model year 2001 and newer.

For more facts and information about Unleaded 88 and evaporative emissions, visit the Minnesota Corn Growers Association’s backgrounder here. READ MORE

Excerpt from Brownfield Ag News: The CEO of the Renewable Fuels Association says he’s glad to see EPA issue the emergency waiver for E15, but he’d like to see permanent year-round E15 sales.

Geoff Cooper tells Brownfield there’s bipartisan support for a bill in the U.S. Senate that would make that possible.

“Senate Bill 2707, the Nationwide Consumer and Fuel Retailer Choice Act, was introduced earlier this year by Senators Deb Fischer from Nebraska, Shelley Capito from West Virginia, Tammy Duckworth from Illinois and Tammy Baldwin from Wisconsin.”

Cooper says the bill would also eliminate the need for individual states to petition for year-round E15 and he’s expecting a companion bill to be introduced in the House soon. But he also says lawmakers have a limited window to pass bills this election year.

“There’s really only 45 working days left in this Congress before the elections, days where both chambers are in session. I think it’s going to be a heavy lift, but for the first time, we have the oil industry with us and that gives us some optimism.”

Cooper says the farm bill might also be a place to include the permanent fix for year-round E15. READ MORE

Excerpt from Times-Republican: Regrettably, a major barrier facing our farmers, ethanol producers, and families is the lack of year-round access to E-15. Currently, E-15 cannot be sold in the summer due to outdated government regulations.

But, following years of persistent advocacy and action, the Biden administration finally approved the year-round sale of E-15 in Iowa and seven other states across the Midwest. However, this approval will not occur until 2025 — more than a year from today — keeping gas prices unnecessarily high while Iowa families still encounter sticker shock at the gas pump and the grocery store largely due to President Biden’s wasteful spending policies.

That’s why I’ve (Randy Feenstra (R-IA 4th)) joined my colleagues in urging the Environmental Protection Agency (EPA) to approve year-round sales of E-15 beginning this year. Year-round access to E-15 is a win for Iowa. Our families benefit from lower prices at the pump, our farmers receive more demand for their corn, and our ethanol producers experience significant financial gains. There is no reason for the EPA to delay approval for another year. The longer we delay full implementation of year-round E-15, the longer our families, farmers, and ethanol producers will be prevented from experiencing the benefits.

I’m also working hard to pass the Consumer and Fuel Retailer Choice Act. This is must-pass legislation for our economy and an important platform from which to make E-15 available at gas stations nationwide 365 days a year — permanently. Americans everywhere deserve the choice to use E-15 year-round, and federal regulation should not hinder access to cheaper, homegrown biofuels.

Serving on both the House Agriculture Committee and the House Ways and Means Committee, I am the strongest voice for Iowa agriculture and biofuels in Congress. I am not afraid to stand up for our rural values and advocate for our state’s economic engine. I will continue to work towards the full approval of year-round access to E-15 nationwide so that we can use homegrown fuel to fill up our cars and make America energy dominant.

We are government together, and your thoughts and opinions matter to me. Please contact my office at Feenstra.House.Gov or by phone at 202-225-4426 if I can ever be of assistance. I am proud to represent our families, farmers, main street businesses, and rural communities in Congress.

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Randy Feenstra, a Republican from Hull, represents Iowa’s Fourth District in the U.S. House. READ MORE