Iowa, Nebraska warn EPA they'll sue to make E15 available this summer

Iowa and Nebraska's attorneys general are warning the U.S. Environmental Protection Agency they intend to sue it for failing to allow sales in the Midwest this summer of gasoline blended with 15% ethanol.

The EPA proposed a rule last week that would allow warm-weather sale of the E15 blend in Iowa, Nebraska and six other Midwestern states, but not until 2024.

"At best, this delay is arbitrary and capricious. At worst, it is plainly unlawful," Iowa Attorney General Brenna Bird and Nebraska Attorney General Mike Hilgers wrote in a letter notifying EPA they intend to sue the agency. Iowa is the nation's largest producer of ethanol and the corn from which it is distilled.

Bird and Hilgers wrote that the EPA should "change the effective date of the regulations in the covered states to April 28, 2023." Summer sales of E15 usually are curtailed because of concerns that the higher ethanol mix would worsen smog during hot weather.

Iowa's Kim Reynolds, Nebraska's Pete Ricketts and other Midwest governors in 2022 requested an E15 waiver for the summer months, saying it would reduce emissions that contribute to air pollution and give consumers relief amid record-high gasoline prices.

While EPA has 90 days to respond to the governors' request, under federal law, Bird and Hilgers wrote in their letter, "it took nearly a year for them to do so."

“The EPA’s failure to respond on time not only deprives hard-working Iowans of a cheaper, cleaner option, it’s also a violation of the Clean Air Act," Bird said in a statement.

The American Fuel & Petrochemical Manufacturers industry group said the EPA was right to delay new rules until 2024 because summer gasoline production is already underway. Even with more lead time, the organization predicted that creating a special blend for the Midwestern states would increase costs and could lead to tighter fuel supplies in the region because not all refiners, pipelines and terminals are ready to handle the different blend.

States are required by federal law to notify the agency 60 days before they file a lawsuit, Bird's office said.

This article originally appeared on Des Moines Register: Iowa, Nebraska threaten legal battle if E15 isn't available this summer