LINCOLN, Neb. (DTN) -- Ohio and South Dakota were given one-year extensions on implementing permanent year-round E15 sales in their state, the U.S. Environmental Protection Agency (EPA) announced on Friday.
In addition, the Trump administration said although the state of Kansas was not among the eight Midwest states in the rule finalized by the Biden administration, the state did submit a request for a delay.
"The agency intends to act expeditiously to delay implementation for South Dakota and Ohio until the spring of 2026," EPA said in a news release.
"This will be the last year an extension can be provided to any of the eight states addressed in the final rule. A legislative solution before the summer driving season to allow for the permanent, year-round sale of E15 nationwide is an option being negotiated in Congress."
The agency said on Friday that in the absence of congressional action, EPA is "still considering issuing emergency fuel waivers" to allow the year-round sale of E15.
"EPA is closely monitoring fuel market conditions and considering potential emergency fuel waivers under the Clean Air Act to prevent supply disruptions and protect consumers from price volatility," EPA said on Friday.
The Biden EPA finalized a rule on Feb. 22, 2024, to allow eight Midwest states to permanently sell E15 year-round -- delaying implementation to April 28, 2025. In addition to Ohio, the request was granted to Illinois, Iowa, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin.
Petroleum interests have asked for delays in implementing year-round E15 in the states because of concerns about meeting supply needs in those states.
Fuel retailers in those states would be required to produce two new fuel types -- regular and premium. Because gasoline distribution systems are connected across the country, the changes in the eight states are expected to affect fuel quality and supply across the country.
The new EPA rule allows states to use the same volatility limitation for both E15 and E10 -- essentially putting E10 and E15 on the same footing.
Among the eight states included in the rule are the top five ethanol-producing states: Iowa, Nebraska, Illinois, South Dakota and Minnesota. The sixth-highest ethanol production state, Indiana, is not among the states that requested the permanent waiver.
E15 has had a complicated time getting to year-round use, even with just eight states now allowing year-round sales.
In his first administration, Trump approved year-round E15 in 2019, with EPA immediately approving the action. The U.S. Court of Appeals for the District of Columbia threw out the Trump rule in 2021, stating EPA had exceeded its authority following a lawsuit from the petroleum industry. That led to the Biden administration granting emergency fuel waivers for year-round sales for the past two years.
Todd Neeley can be reached at todd.neeley@dtn.com
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