After months of delay, some action was finally taken this week on the request from eight states to allow year-round sales of E15. On Monday, EPA’s proposed rule was sent to the White House Office of Management and Budget (OMB) for final review, which is the last step in the process before the rule is finalized and published.
Renewable Fuels Association president and CEO Geoff Cooper said they are relieved to see the rule finally move forward before the end of the year. “OMB review marks the final step in this long and arduous regulatory process. We are urging OMB to move quickly to finalize the Governors’ request so that the marketplace will have adequate lead time to continue preparing for implementation in 2024. Swift completion of this rule will ensure drivers in these eight Midwest states enjoy cleaner air and have uninterrupted, year-round access to lower-cost, lower-carbon E15 in 2024 and every year after that.”
A letter was sent last week from 22 members of the House and Senate to OMB Director Shalanda Young encouraging her to act quickly to finalize the rule, which usually takes 2-4 weeks.
American Coalition for Ethanol (ACE) CEO Brian Jennings stressed the need to get the rule done as soon as possible. “Despite the upcoming Christmas holiday, we urge OMB to quickly perform its closing review so the final rule can be issued early in 2024. All market participants, including but not limited to retailers, wholesalers, terminal operators and refineries, should expect and plan for this rule to take effect in the eight states for the 2024 summer driving season and plan accordingly.”
The governors of eight Midwestern states petitioned EPA back in April 2022 to make the regulatory change allowing year round E15 sales and even though the Clean Air Act requiring the EPA to comply within 90 days, it was not until March 2023 that EPA proposed regulations to require fuel suppliers in these states to slightly reduce the volatility of gasoline beginning on May 1, 2024. EPA has yet to take final action on that proposal and in August the attorney generals of Iowa and Nebraska sued EPA for failing to meet a statutory deadline.
In addition to Iowa and Nebraska, the other states are Illinois, Kansas, Minnesota, North Dakota, South Dakota, and Wisconsin.