Today, the attorneys general of Iowa and Nebraska filed a complaint in federal court regarding the U.S. Environmental Protection Agency’s failure to meet a statutory deadline for promulgating regulations that would reduce evaporative emissions and allow year-round sales of E15 in at least eight Midwest states. In April 2022, the governors of those states petitioned EPA to make the regulatory change; according to the statute, EPA should have finalized the regulatory amendments requested by the governors more than one year ago.
The regulations, which EPA proposed in March, would require fuel suppliers in these states to slightly reduce the volatility of gasoline beginning on May 1, 2024, which would reduce the potential for evaporative emissions and facilitate year-round sales of E15 blends.
“We thank Attorneys General Brenna Bird and Mike Hilgers for taking action to ensure EPA expeditiously finalizes the regulatory changes sought by the governors,” said RFA President and CEO Geoff Cooper. “As we noted in a letter to EPA last week, the marketplace needs time to coordinate and prepare for implementation of these regulations. We have strongly encouraged EPA to finalize the rule before the end of this summer, and we’re hopeful that the action taken by Iowa and Nebraska today will help break the logjam and cause EPA to complete the process as soon as possible.”
Cooper noted that EPA issued temporary emergency waivers to allow continued E15 sales this summer and last summer, but said a long-term solution is needed. “We greatly appreciate the emergency action taken by EPA the past two summers to extend fuel supplies, avert shortages, and keep pump prices lower by allowing continued E15 sales during the summer,” Cooper said. “However, a permanent solution that provides stability and clarity to the marketplace is needed. Finalizing and implementing the governors’ petition as soon as possible will provide the certainty the marketplace is looking for.”
