Still No Action a Year and a Half Past Legal Deadline

Contact: Emma Koehler
515-252-6249

JOHNSTON, IA – Today, the Iowa Renewable Fuels Association (IRFA) and seven additional Midwest renewable fuels groups asked the Biden Administration’s Office of Management and Budget (OMB) to finalize the Midwest Governors’ Year-Round E15 fix. The fix has now been delayed for a year and a half past the legal deadline, with the final rule sitting at the OMB for over a month.

“The deadline to finalize the E15 fix was a year and a half ago,” said IRFA Executive Director Monte Shaw. “There is simply no excuse to further hold up finalization. Quick adoption of the rule will ensure that motorists do not face fewer options and higher prices at the pump this summer.”

The eight Midwest governors submitted their requests on April 28, 2022. The EPA is required 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.

While the EPA took emergency action to allow continued sales of E15 during the summer of 2023, a long-term solution would provide stability for 2024 and beyond.

The letter, signed by renewable fuels groups from the eight states with pending requests, stated: “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 within 90 says. There are no questions regarding the law or science in their matter… It is critical that the Biden Administration move swiftly to finalize the governors’ requests to provide certainty for this summer and to ensure motorists don’t lose the lowest-cost fuel option for most vehicles.”

Joining IRFA in signing the letter were: Illinois Renewable Fuels Association, Minnesota Bio-fuels Association, Missouri Renewable Fuels Association, Ohio Corn & Wheat Growers Association, Renewable Fuels Nebraska, South Dakota Ethanol Producers Association, and Wisconsin BioFuels Association.

A copy of the letter can be found here.

The Iowa Renewable Fuels Association represents the state’s liquid renewable fuels industry and works to foster its growth. Iowa is the nation’s leader in renewable fuels production with 42 ethanol refineries capable of producing 4.5 billion gallons annually – including 34 million gallons of annual cellulosic ethanol production capacity – and 11 biodiesel facilities with the capacity to produce 410 million gallons annually. For more information, visit the Iowa Renewable Fuels Association website at: www.IowaRFA.org.

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