Last week, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s decision to uphold the current April 28, 2025, implementation date for petitions by eight Midwestern states, which sought to provide regulatory parity between E10 and E15. This action was requested by the governors of Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota and Wisconsin, in an effort to spur the sale of E15 in those states by subjecting E10 and E15 to the same Reid Vapor Pressure (RVP) volatility restrictions under the Clean Air Act. In the press release, Zeldin reiterated his agency’s “commitment to consumer access to E15,” while further pledging to “continue working with all stakeholders to ensure available and affordable fuel supply.”

"While we appreciate their search for a regulatory solution to the summertime E15 problem, EPA's decision in this case creates a boutique fuel specification unique to the Midwest market, which threatens major logistical and economic challenges for the gasoline supply chain," said NACS Deputy General Counsel Matt Durand.

EPA offered the petitioning states a one-year delay to ensure time for implementation and compliance. So far, only Ohio has requested such a delay. The remaining seven states would have until Wednesday, February 26, to do the same.

“Unless the Midwest governors quickly request a one-year delay to avoid immediate supply shocks, consumers will pay the price for a worsening patchwork of fuel specs across the country, underscoring the urgent need for Congress to enact legislation permitting the year-round sale of E15 nationwide,” Durand added.

EPA acknowledged that a "legislative solution...to allow for the permanent, year-round sale of E15 nationwide is an option being negotiated in Congress," which NACS has long supported. EPA also noted that it will monitor market conditions for the purpose of granting emergency waivers that allow E15 sales this summer, as it has done in recent years.