News & Ideas

ACE Submits Feedback to EPA on E15 Rule for Midwest States in 2024, Urges Action for 2023

The American Coalition for Ethanol (ACE) submitted feedback to the Environmental Protection Agency’s (EPA) proposed rule in response to the requests from eight Midwest governors to remove the 1-psi volatility waiver for gasoline-ethanol blends containing 10 percent ethanol in their states. EPA is proposing to remove the 1-psi waiver in Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin starting in 2024 – a delay from the original request for implementation in 2023.

While ACE appreciates EPA finally taking action on the governors’ petitions, CEO Brian Jennings explained if EPA chooses not to implement the rule in 2023, the Agency’s “legally questionable delay to 2024 will force millions of people in conventional gasoline areas of the U.S. to pay much more at the pump during this year’s summer driving season – on the heels of last year’s record-high gasoline prices and continued inflationary pressure on American families.”  

With the sense of urgency about the fast-approaching June 1, 2023 summer driving season and market access for E15 in all areas of the country, including conventional gasoline areas, Jennings urged the Agency to take emergency action in ACE’s comments. “Given the pressing need for consumers in conventional gasoline areas of the country to have access to the lowest-cost fuel available to most vehicles on the road this summer, we strongly urge EPA to take emergency steps pursuant to Section 211(c)(4)(C)(ii) to allow E15 for the 2023 summer driving season, similar to the steps taken by yourself and President Biden last year.”

“The conditions used by the administration to justify invoking this emergency statutory authority last year persist today – in fact some market indicators are more concerning today,” Jennings added.

ACE’s comments argue how EPA’s proposal favors refiners and their “anticompetitive behavior” over consumers, retailers and the environment.

Jennings concluded by reiterating if there are real concerns related to the gasoline supply chain relative to a 2023 implementation date, they are problems of EPA’s own making. “…if the Agency had responded to the eight petitioning states within the statutorily required 90 days there would be no need to fret about refiner concerns with timing.”

“EPA should balance the interests and side with consumers, retailers and the environment instead of refiners by finalizing a regulation removing the volatility waiver in these states for the 2023 summer driving season, consistent with the governors’ 2022 request and the statute,” Jennings wrote.

ACE’s full comments can be accessed here.

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