APRIL 30, 2024:
Trade associations representing feedstock providers, advanced biofuel producers, and low-carbon fuel customers want EPA to propose and finalize robust 2026 Renewable Fuel Standard volumes by November’s deadline. The groups’ letter to Environmental Protection Agency Administrator Michael Regan highlights the dramatic drop in the value of RFS compliance credits because of EPA’s unreasonably low 2023-2025 volumes.
According to the association’s letter, the situation prompted several production facilities to close and now threatens investments in feedstock processing capacity as well as the production of sustainable aviation fuel. “We recognize that sustainable biofuels offer some of the most substantial immediate benefits to deliver carbon reductions,” the letter says.
“While we continue to make investments in producing, distributing, and using low-carbon fuels, EPA can and should send a strong signal to the market through a robust RVO.”
Groups signing on to the letter include Clean Fuels Alliance, the American Soybean Association, and many others.
APRIL 22, 2024:
The Environmental Protection Agency used its authority to prevent drivers from losing access to lower-cost and lower-emission E15, a higher ethanol blend marketed as Unleaded 88. The National Corn Growers, who have advocated for the move, applauded the decision.
“This waiver is good news for corn growers and those in rural America who will benefit economically from this decision and for consumers who will save money at the pump during a busy travel season,” says NCGA President Harold Wolle. “We deeply appreciate the EPA, the administration, and our congressional allies for all their work on this issue.”
Under current policy, E15 cannot be sold at terminals beginning on May 1 and at retail stations starting on June 1. NCGA is working with allies, including the petroleum industry, on federal legislation that would provide permanent, year-round access to E15. Higher ethanol blends help significantly cut greenhouse gas emissions and fuel prices.
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APRIL 19, 2024:
The U.S. Environmental Protection Agency has issued (April 19, 2024) an emergency fuel waiver to allow E15 gasoline — gasoline blended with 15% ethanol– to be sold during the summer driving season.
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 also include E15 in parts of the country where it already exists for E10. This enables E15 sales throughout the summer driving season in these areas. E15 can already be sold year-round in parts of the country that have a Reformulated Gasoline program.
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APRIL 13, 2024:
U.S. Sens. John Thune (R-S.D.) and Dick Durbin (D-Ill.), members of the Senate Committee on Agriculture, Nutrition, and Forestry, this week (April 11, 2024) led a bipartisan group of their colleagues in urging President Biden to permit the summertime sale of E15 fuel. The senators note that American biofuels are a clean and reliable energy solution that will help drive down fuel costs for consumers.
“[W]e must pursue an all-of-the-above energy strategy, which includes leveraging domestic biofuels,” wrote the senators. “As your previous temporary waivers have proven, permitting the sale of higher blends of biofuels like E15 through the summer driving season bolsters the domestic fuel supply, lowers consumer costs, and promotes the environmental benefits of American biofuels and modern agriculture.”
“All of the conditions that made an E15 waiver so important in past years are still present,” said Emily Skor, CEO of Growth Energy. “If EPA doesn’t take action, American motorists would lose access to a more affordable fuel option this summer. We can’t afford to wait any longer – we need EPA to act now. We commend Senator Thune, Senator Durbin, and other bipartisan Senate biofuel champions for pushing the administration to do the right thing and allow E15 to be sold this summer.”
“Providing continued access to a more affordable, lower-carbon fuel, like E15, will not only save drivers money at the pump, but it will also help farmers across the country,” said Harold Wolle, president of the National Corn Growers Association. “Yet, time is of the essence as we quickly approach the summer months. We are deeply appreciative to the bipartisan support we are receiving from our Senate champions on this issue.”
“We thank Senators Thune and Durbin, along with all other Senate supporters, for calling on the Biden administration to quickly take action to allow the nationwide sale of E15 through the coming summer,” said Geoff Cooper, president and CEO of the Renewable Fuels Association. “These senators understand that with ongoing geopolitical conflicts and the current oil and fuel supplies being at lower levels than the last two summer driving seasons, it is more important than ever that U.S. consumers have access to E15, the American made, lower-cost and cleaner-burning fuel.”
This letter was also signed by U.S. Sens. Tammy Baldwin (D-Wis.), Sherrod Brown (D-Ohio), Kevin Cramer (R-N.D.), Tammy Duckworth (D-Ill.), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), Chuck Grassley (R-Iowa), Josh Hawley (R-Mo.), John Hoeven (R-N.D.), Amy Klobuchar (D-Minn.), Roger Marshall (R-Kan.), Jerry Moran (R-Kan.), Gary Peters (D-Mich.), Pete Ricketts (R-Neb.), Mike Rounds (R-S.D.), Tina Smith (D-Minn.), Debbie Stabenow (D-Mich.), and J.D. Vance (R-Ohio).
Full letter below:
Dear President Biden:
We write to request that you again take swift executive action to permit the sale of E15 fuel during the 2024 summer driving season by extending the Reid vapor pressure (RVP) waiver, nationwide, from June 1 through September 15.
Enabling the year-round sale of E15, as the Environmental Protection Agency (EPA) permitted in both 2022 and 2023 through nationwide temporary waivers under Clean Air Act Section 211(c)(4)(C)(ii), helped allow our energy supply chain to “address extreme and unusual fuel supply circumstances caused by the war in Ukraine that are affecting all regions of the nation.” Unfortunately, this underlying justification remains applicable as Russia’s war of aggression continues to weigh on global energy and security. Further, Iran-backed aggression in the Middle East, specifically Houthi attacks on shipping in the Red Sea, presents new threats to global energy markets and our energy security.
To counter these influences, we must pursue an all-of-the-above energy strategy, which includes leveraging domestic biofuels. As your previous temporary waivers have proven, permitting the sale of higher blends of biofuels like E15 through the summer driving season bolsters the domestic fuel supply, lowers consumer costs, and promotes the environmental benefits of American biofuels and modern agriculture.
Furthermore, temporary action is again required in light of the EPA’s announcement to postpone until 2025 the implementation of eight state petitions to sell E15 year-round. As you know, the consideration of state action has led to a historic agreement between liquid fuel stakeholders in support of securing a permanent legislative solution to allow nationwide, year-round E15 sales, while respecting each state’s authority to opt-out of such a program. Taking temporary action now will continue the uninterrupted sale of E15 for what would be the sixth consecutive year, a major win for consumer choice and emissions reductions.
Lastly, extending the nationwide sale of E15 could again add billions of gallons of ethanol to the fuel supply at a time domestic inventories of crude oil and petroleum products are at their lowest point since May 2004, below when the EPA issued its 2022 and 2023 waivers. Furthermore, additional decreases in OPEC oil production will only amplify the already robust market for U.S. exports at a time of rising fuel demand.
American biofuels remain a straightforward, no-cost solution to shoring up our energy supply and reducing consumer costs, and issuing a waiver for the 2024 summer driving season remains in the public’s best interest. Thank you for your swift consideration of this request.
Sincerely,
cc: The Honorable Michael S. Regan, Administrator, U.S. Environmental Protection Agency
cc: The Honorable Jennifer Granholm, Secretary, U.S. Department of Energy
cc: The Honorable Thomas J. Vilsack, Secretary, U.S. Department of Agriculture
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APRIL 8, 2024:
Groups like the Renewable Fuels Association, Growth Energy, the National Corn Growers Association, and others sent a letter on E15 to the Environmental Protection Agency. The groups are asking Administrator Michael Regan to swiftly issue an emergency waiver for E15 sales.
“New and ongoing world conflicts continue to pose risks for the U.S. energy supply,” the letter says. “In addition to the Ukraine conflict, the recent conflict in the Middle East presents additional challenges to America’s energy security.” To remedy the disruptions in the global energy markets, stabilize gasoline prices for American consumers, and support domestic energy security, the groups urged the EPA to quickly authorize the summer sale of gasoline blended with up to 15 percent ethanol. ‘The consumer cost savings that result from allowing the year-round sale of E15, even temporarily, are well-established,” the groups add. “Consumers have saved 10 to 30 cents a gallon during recent waivers.”
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MARCH 4, 2024:
Ethanol producers, corn farmers and fuel retailers are in limbo regarding E15 sales this summer after the Environmental Protection Agency delayed its permanent fix until 2025.
South Dakota, Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio and Wisconsin petitioned the EPA for permanent year-round sales of gasoline blended with up to 15% ethanol.
But, United States Secretary Tom Vilsack says he’s confident the EPA will approve an E15 waiver for this summer.
“I think it’s consistent with the last two years when they issued a waiver. I could be wrong about this, Senator. I thought it was in the April timeframe. But, whenever it was done last year, I’m sure that they will add the resources and the data necessary to make the decision and have this decision stick.”
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FEBRUARY 28, 2024:
Senator Chuck Grassley led an Iowa delegation of lawmakers in a letter urging the Environmental Protection Agency to allow for summertime E15 sales in 2024.
Last week (Feb. 22, 2024), the EPA finalized a rule to approve year-round E15 sales, but delayed implementation until 2025. The rule allows states to use the same volatility limits for E15 and E10 and was in response to a petition by governors of eight midwestern states seeking the year-round availability of E15. The petition includes Minnesota, Missouri, Nebraska, Ohio, South Dakota and Wisconsin.
Grassley and the Iowa delegation contend the delay “will have devastating effects on biofuels producers, farmers, and families across the country.” The letter states, “We request, once again, that the EPA immediately implement its rule to ensure E15 is available year-round no later than March 31, 2024.”
Representatives Zack Nunn, Randy Feenstra, Ashley Hinton, and Marionette Miller-Meeks signed the letter, along with Senators Grassley and Joni Ernst.
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FEBRUARY 23, 2024:
The United States Environmental Protection Agency has approved a request (Feb. 22, 2024) from governors in eight states, one of which is South Dakota, to allow the year-round sale of gasoline blended with up to 15% ethanol. But, the approval doesn’t start until next year.
Walt Wendland is the President, CEO and Chairman of the Board for the Ringneck Energy ethanol plant in Onida. He said the approval is long overdue.
In 2022 and 2023, the Biden Administration granted emergency waivers allowing the summertime sale of E15. Wendland says they were hoping to not have to go that route this summer (2024), but they do.
Along with South Dakota, the approval permits the summertime sale of E15 in Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio and Wisconsin.
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FEBRUARY 22, 2024, UPDATE:
POET, the world’s largest producer of biofuels, released a statement (Feb. 22, 2024) regarding the U.S. Environmental Protection Agency (EPA) final rule granting the request made by eight Midwestern states to allow year-round access to E15. The states include Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota and Wisconsin.
“POET is grateful to the Midwestern governors who continue to champion year-round E15 in their respective states,” said Joshua Shields, POET Senior Vice President of Corporate Affairs. “E15 reduces America’s reliance on foreign oil, cuts emissions, and lowers prices at the pump, and we’ve never needed all three more urgently as a nation. However, truly maximizing the benefits of E15 will require repealing outdated and unnecessary federal restrictions. A waiver for E15 this summer is an important next step, but Americans ultimately deserve a permanent nationwide fix guaranteeing the freedom to access E15 year-round in all 50 states.”
FEBRUARY 22, 2024:
The American Coalition for Ethanol and the Renewable Fuels Association see it as a good news, bad news situation.
The good news is that today (Feb. 22, 2024) the United States Environmental Protection Agency approved a request from governors in eight states, one of which is South Dakota, to allow the year-round sale of gasoline blended with up to 15% ethanol. The bad news is the approval doesn’t start until next year.
Along with South Dakota, the approval permits the summertime sale of E15 in Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio and Wisconsin.
Renewable Fuels Association President and CEO Geoff Cooper says the EPA missed its statutory deadline to finalize the governors’ petition by more than 500 days his group is urging the administration to take additional action to ensure consumers have uninterrupted access to E15 this summer. He says the delay creates uncertainty and confusion about the availability of the lower-cost, lower-carbon fuel.
American Coalition for Ethanol CEO Brian Jennings says EPA had a legal responsibility to approve E15 year-round in these states more than a year and a half ago, so postponing the effective date to April 28, 2025 is disappointing. He says in 2022 and 2023, the Biden Administration granted emergency waivers allowing the summertime sale of E15 and his group will be pushing for a solution covering the summer of 2024 as well.
Jennings says additionally, ACE continues to actively support the bipartisan Consumer and Fuel Retailer Choice Act legislation in Congress. It would permanently enable all Americans to benefit from the cost savings and cleaner emissions of E15.
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DECEMBER 20, 2023:
A group of Midwest governors requested the Biden administration grant them the ability to sell E15 year-round, and that request hasn’t been granted. Lawmakers in both Congressional chambers are pushing for approval.
Senators Chuck Grassley (R-IA) and Joni Ernst (R-IA) are demanding the Office of Management and Budget finalize the necessary waiver quickly. That would allow retailers time to prepare for summer 2024 sales. The Iowa lawmakers are leading the bicameral push alongside Representative Brad Finstad (R-MN).
“This rulemaking should have been completed in July 2022, and unfortunately, we still have no regulatory certainty for our fuel retailers, fuel blenders, or biofuel producers more than 16 months later,” the lawmakers wrote in a letter to the administration. “Homegrown American-produced ethanol strengthens our national security and ensures lower vehicle emissions to achieve the administration’s climate goals.”
Lawmakers want the governors’ request finalized quickly to bring much-needed certainty to farmers, retailers, and consumers.
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DECEMBER 1, 2023:
Iowa Attorney General Brenna Bird filed a motion for summary judgment regarding the Environmental Protection Agency’s failure to respond to a request to sell year-round E15 in Midwest states. Iowa and six other states filed an opt-out request that would allow them to sell E15.
Growth Energy CEO Emily Skor says biofuel leaders have been more than patient.
“For over a year past the statutory deadline, they’ve waited for EPA to follow the law and allow them to make E15 available in their states year-round,” she says. “They have been forced to return to court to compel EPA to do something it was required to have done by July 2022.” Skor also says in its continued decision to illegally delay acting on the governors’ request, EPA has cited fuel distribution concerns that are greatly overstated. “It’s a low-carbon fuel that saves consumers money and is better for the environment,” she adds.
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AUGUST 7, 2023:
The ethanol industry complains in a letter to EPA chief Michael Regan that it’s way past time for the agency to ‘green light’ summertime E15 use requested last year (April 2022) by eight Midwest governors– including South Dakota’s.
Renewable Fuels Association head Geoff Cooper has said the emergency waivers to allow summertime E15 were just a stop-gap solution.
“E15 would be gone on June 1st, and so that lower-cost option at the pump would be removed, and that would be the equivalent of a price hike.”
Cooper’s group is asking the Environmental Protection Agency to finalize a summertime E15 rule before the end of this summer and in time for next summer’s driving season.
“Longer term, we still need a permanent solution to ensure that drivers can still access E15 year-round.”
RFA argues real-world data showed almost no difference between retail prices for E15 versus conventional gasoline in adjacent markets during the summer 2022 season. In some markets, E15 gas was cheaper. As for E15-related engine problems….
“E15 has been in the marketplace for more than a decade now. We’ve driven tens of billions of miles on E15 without any incidents, without any complaints, and without any reports of engine damage.”
Cooper argues EPA has all the data it needs to decide. Data that he says “debunks exaggerated claims from some petroleum refiners” of harmful economic impacts from summertime E15 sales.
The other governors asking for summertime use of E-15 are from Illinois, Iowa, Kansas, Minnesota, Nebraska, Wisconsin and North Dakota.
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MARCH 6, 2023:
The Environmental Protection Agency (EPA) is responding to requests from state governors to remove the 1-psi volatility waiver for gasoline-ethanol blends containing 10 percent ethanol in their states. The governors made their request pursuant to CAA section 211(h)(5), which provides that the Administrator shall remove the 1-psi waiver via regulation upon demonstration that the 1-psi waiver increases emissions in their state. After review of the modeling results presented by the governors in their requests, EPA is proposing to remove the 1-psi waiver in the following states: Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota and Wisconsin.
EPA also received multiple petitions from stakeholders requesting an extension of the effective date to the summer of 2024. This action proposes to delay the effective date for one year consistent with statutory provisions. EPA proposes an effective date for all states of April 28, 2024. This action also proposes a regulatory process by which a state may request to reinstate the 1-psi waiver.
Sioux Falls, SD, based POET Energy spokesperson Joshua Shields says the proposal left unresolved concerns about access to the renewable fuel blend in 2023. Shields adds, “The lack of near-term certainty underscores the urgent need to ensure E15 sales are not interrupted.”
Iowa Governor Kim Reynolds responded, “While long overdue, I am thrilled that the EPA has approved our multi-state bipartisan RVP waiver request that will pave the way for year-round E15 and bring certainty to the industry.” However, regarding the delay, Reynolds, says, “I look forward to requesting another emergency waiver for this year while at the same time asking the courts to require the Administration to grant our request immediately.”
EPA will hold a virtual public hearing for the proposed rule on March 21, 2023. This hearing will be held virtually-only (i.e., there will be no in-person hearing).
In order to attend the virtual public hearing, all attendees (including those who will not be presenting verbal testimony) must register by sending an email to RFS-Hearing@epa.gov. A separate registration form must be submitted for each person attending the hearing. Please register no later than one week prior to the hearing.
In order to allow everyone to be heard, EPA is limiting verbal testimony to three minutes per person. Speakers will not be able to share graphics via the virtual public hearing. Speakers will be able to request an approximate speaking time as part of the registration process, with preferences considered on a first-come, first-served basis.
If you have further questions or special needs, please contact Nick Parsons at RFS-Hearing@epa.gov.
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FEBRUARY 3, 2023:
The Environmental Protection Agency is late in acting on a request by Midwest governors to lift summertime restrictions on E15 sales for their states.
Some six months late, say the Attorneys General of South Dakota, Illinois, Iowa, Missouri, Nebraska, Minnesota and Wisconsin in their letter to EPA chief Michael Regan. By law, EPA was supposed to issue an E15 rule in response to the states’ governors by last summer (2022).
Iowa Senator Chuck Grassley blames the failure on energy politics.
“Whether you have a Republican or Democrat Congress, you tend to have big oil infiltrating their ideas into the EPA and getting too much consideration.”
And what can the Midwest states do about it?
“Not much, I think except for us talking to people like you in the media, giving speeches on the floor of the United States Senate, calling up the director of EPA, and telling him, what in the heck’s wrong, here.”
But, Renewable Fuels Association head Geoff Cooper still hopes for a national legislative fix for summertime E15 sales.
“But longer term, we still need a permanent solution to ensure that drivers can access E15 year-round.”
Cooper thinks expected House and Senate bills would supersede the Midwest governors’ request for their states and would help reach EPA’s proposed 15 billion gallon-plus ethanol use target.
Almost 3,000 fueling stations in the USA now sell E15.
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