“We write today to thank you for proposing to grant our petition of April 28, 2022, that would allow year-round sales of E15 in our states pursuant to Clean Air Act section 211(h)(5). However, we have concerns that because the U.S. Environmental Protection Agency (EPA) missed its statutory deadline to promulgate our petition by more than 200 days, the agency is now proposing to delay implementation until April 28, 2024. Postponing implementation of our petition could result in higher prices at the pump during the summer 2023 driving season, as consumers would lose access to lower-cost, cleaner-burning E15.
In light of this, we ask that EPA use its authority under Clean Air Act section 211(c)(4) to apply the same volatility limitations to both E10 and E15 during the 2023 summer ozone control season to address extreme and unusual fuel supply circumstances across our nation caused by the war in Ukraine.
There is recent precedent for EPA taking such action. The agency exercised this emergency authority during the summer 2022 ozone control season and doing so achieved the desired outcome. Continued availability of E15 throughout the summer of 2022 extended fuel supplies, helped avert potential shortages, and saved Americans at least $57 million in fuel costs. Drivers choosing E15 saved $0.23 per gallon on average last summer, equating to $3-5 in savings per fill-up.
We urge the EPA to act immediately to ensure lower-cost E15 remains available in the marketplace this summer. We thank you again for granting our proposal and appreciate your consideration of our request.”
The governors that joined Governor Reynolds in signing onto this letter include: Jim Pillen, Nebraska; Tim Walz, Minnesota; Kristi Noem, South Dakota.