Consumers Will Reportedly Face Fewer Choices and Higher Gas Prices This Summer

The EPA finalized a rule implementing the decision by a bipartisan group of eight Midwest governors to allow year-round sales of E15. Already over a year and a half past the statutory deadline to take action, in EPA’s final rule the agency delayed implementation from 2024 to 2025, essentially making it two and a half years late.

“Obviously we’re glad there’s a final rule implementing the governors’ action under the Clean Air Act to allow year-round sales of E15,” said IRFA executive director Monte Shaw. “But the last-minute delay in implementation means motorists face fewer options and higher prices at the pump this summer. This further delay is unnecessary and unjustified. During recent court filings on this topic, the Department of Justice stipulated that the governors had the power to make the requests, that the governors made the requests properly, that the governors submitted proper documentation with their requests, and that the EPA should have acted a year and a half ago. This additional delay feels like a slap in the face to Midwest motorists.”

The eight Midwest governors submitted their requests on April 28, 2022. The EPA was required by law to take action within 90 days. Defying the Congressional deadline, EPA waited until March 6, 2023, almost a year after receiving the petition, to propose approval of the request. After taking public comment, the draft rule was only sent to the OMB for inter-agency review in December of 2023.

“With the rule final, our attention now turns to both a solution to protect consumers during this summer as well as a national fix in Congress,” stated Shaw. “While our work is not done, it’s important to note that we wouldn’t have the progress today without the leadership of Iowa Governor Kim Reynolds, who organized the bipartisan group of 8 governors to exercise their authority under the Clean Air Act back in 2022. IRFA members are deeply thankful for her unrelenting work on this issue. We also want to thank Iowa Attorney General Brenna Bird who sued the EPA to protect the governors’ rights. We know they will be with us as we continue to work on a 2024 summer solution and to take this Midwest victory nationwide.”