A bipartisan group of 31 federal lawmakers on Feb. 9 sent a letter to U.S. EPA Administrator Michael Regan and White House Office of Management and Budget Director Shalanda Young urging the Biden administration to “swiftly and diligently” take action on a petition filed by a coalition of Midwest governors in April 2022 seeking a permanent solution to year-round E15 sales within their states.

The governors of Iowa, Nebraska, Illinois, Kansas, Minnesota, North Dakota, South Dakota and Wisconsin on April 28, 2022, sent a letter to Regan seeking a solution to year-round E15 sales under a provision of the Clean Air Act that allows the governor of any state to request that the 1-psi volatility waiver contained in the statute for gasoline-ethanol blends be removed in the state.

Under federal law, the EPA is required to respond to such a request within 90 days. The agency, however, has not yet responded to the April 2022 petition.

In their letter to Regan and Young, the 31 lawmakers stress that “the 2023 summer driving season is quickly approaching and action is necessary to provide certainty to the marketplace.”

“Higher blends of ethanol like E15 are a common-sense solution to lower the cost for consumers at the gas pump and to lower vehicle emissions,” the lawmakers wrote in the letter. “As we gear up for the summer 2023 travel season, we have the production and distribution infrastructure to meet consumer demand for this lower cost and environmentally friendly fuel option. By working swiftly to finalize the Governors’ requests, you will bring much needed certainty to our corn growers, fuel retailers, and consumers to enjoy the clean-burning, lower cost benefits of year-round E15 through the 2023 summer driving season.”

A rulemaking process related to the governors’ request is in progress. The EPA on Dec. 5, 2022, delivered a notice of proposed rulemaking (NPRM) to the OMB related to the petition. OMB review marks a final step before a proposed rulemaking is released for public comment. The OMB also addressed the petition in its 2022 Fall Unified Agenda and Regulatory Plan, which was released on Jan. 4. That unified agenda indicates the EPA is targeting March 2023 for completion of the E15 rulemaking.

The Renewable Fuels Association is speaking out in support of the lawmakers’ efforts to spur action on the petition filed by the governors. “We thank this group of proactive biofuel supporters for seeking swift action on a petition that has been delayed for far too long,” said Geoff Cooper, president and CEO of the RFA. “With the summer driving season rapidly approaching, the unnecessary and illegal delay of the Governors’ petition threatens the availability of lower-cost, lower-carbon E15. Consumers are demanding more affordable, lower-carbon options at the pump, and failure to immediately approve this petition will deny them the opportunity for meaningful savings at the time when they need it most.”

The American Coalition for Ethanol is also thanking the lawmakers for their support. “This letter is the most recent example of the strong bipartisan support ethanol has in Congress,” said Brian Jennings, CEO of ACE. “ACE is most grateful to these lawmakers for working together to urge the Administration to proceed without further delay on the governors’ plan to ensure uninterrupted market access to E15 in their states. The statutory deadlines for EPA to act on the governors’ plan have already lapsed, so each day that passes without action by the Administration increases the sense of urgency to cut the E15 red tape before the summer driving season commences.

“In addition to supporting the governors’ plan for E15 in their states, we echo the Members of Congress in calling for a nationwide and permanent solution for fuel retailers, consumers and the environment, and this will be a top priority at our fly-in in DC next month.”