Kansas Governor Laura Kelly says that if Congress neglects to take action to authorize year-round E15 sales nationwide she will consider asking for EPA approval to opt out of the 1-psi Reid Vapor Pressure (RVP) waiver for E10, as eight states have already done.

“While I have resisted opting out of the EPA waiver for the State of Kansas in favor of following the nationwide emergency waiver for the years of 2022 through 2025, the reliance on the granting of this emergency waiver continues to cause stress on our fuel retailers and agricultural industry,” said Governor Kelly in a press release. “Congress can eliminate this patchwork of regulatory relief by implementing a nation-wide solution to this issue and providing regulatory certainty for industry and lower gas prices for Americans….Further delay of a national solution to this issue by Congress will cause me to give strong consideration to submitting a request to join the eight other states who have received EPA approval to sell E15 year-round. The deadline to submit this waiver request is April 1, 2026.”

“We thank Gov. Kelly for her leadership in supporting lower-cost, lower-carbon E15 for Kansas all year round,” said Renewable Fuels Association President and CEO Geoff Cooper. “If Congress can’t secure a nationwide, legislative fix allowing year-round E15, states have no choice but to take action on their own.”

Iowa, Illinois, Minnesota, Missouri, Nebraska, South Dakota, and Wisconsin have already taken the action Gov. Kelly may pursue, meaning those states will have year-round access to E15 even if Congress fails to adopt legislation.

The National Ethanol Conference officially gets underway today in Orlando, as Congress misses its self-imposed deadline to have E15 legislation on the floor for consideration. Lawmakers reportedly are “close” to getting a bill done with Rep. Randy Feenstra (R-IA) telling Agri-Pulse that the council formed to accomplish that task is working together and blamed the snowstorm for delaying progress.