A last ditch attempt made by Midwest Republicans with House leadership to add authority for year-round use of E15 to the fiscal 2026 appropriations package was rejected. Instead, the legislation creates an E-15 Rural Domestic Energy Council (“Council”), to be appointed by the Speaker of the House, to develop legislative solutions to allow year-round sales of the higher ethanol blends and limit the number of refiners eligible for exemption from the renewable fuel standard (RFS), the law behind a national mandate for blending a certain amount of biofuels into the U.S. fuel supply each year.


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The Environmental Protection Agency (EPA) issued guidance this week allowing farmers and repair shops to temporarily override emission control systems for repair purposes. The guidance says procedures and tools to temporarily take products "out of certified configuration as necessary to perform maintenance and repair" are not prohibited under the Clean Air Act. While the guidance follows existing language under Clean Air Act regulations, it represents the Trump administration's foray into a debate over "right to repair" concerns of the farm community.


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The Federal Highway Administration (FHWA) issued Q&A guidance on January 5 further clarifying the application of Buy America requirements to manufactured goods in Federal-aid highway funded construction projects. This new requirement became effective on March 20, 2025 when FHWA terminated its longstanding Manufactured Products General Waiver (in place since 1983). FHWA previously clarified that manufactured products used and permanently incorporated into Federal-aid highway projects are subject to Buy America requirements similar to iron and steel.


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Senate Ag Committee Chairman John Boozman (R-AK), and Senate Ag Appropriations Subcommittee Chairman John Hoeven (R-ND), released the framework of a proposal to provide additional financial assistance to farmers, including specialty growers and sugar producers, to augment the $12 billion Farmer Bridge Assistance program announced by the Trump administration in December. The package could be added to the FY 26 funding package that Congress must pass by January 30 to avoid a partial government shutdown. Although the amount was not specified, Agri-Pulse reports that a $15 billion package is being discussed.


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Farm state members of Congress are also attempting to use the must pass FY 2026 funding measure as the legislative vehicle to get federal restrictions lifted on full-year U.S. sales of higher ethanol fuel blends, known as E15. The longtime effort by biofuel producers and growers of corn, used in E15 fuel production, is gaining support. Sen. Deb Fischer (R-NE) a leading proponent for allowing year-round use of the E15 blend has again introduced legislation, S. 593, the Nationwide Consumer and Fuel Retailer Choice Act, that would amend the Clean Air Act to lift the current restriction. Sen. John Boozman and Sen. Amy Klobuchar, Chair and top Democrat respectively on the Senate Ag Committee, are both involved in discussions to make it happen and indicate growing support for the initiative. The House version of the legislation, H.R. 1346, also has bipartisan support with numerous co-sponsors from both parties.

The clock has already started to tick on efforts to reauthorize the federal-highway legislation. The country’s primary surface transportation policy law was last reauthorized in 2021 and it expires at the end of September. Transportation policymakers on Capitol Hill and in the Administration have pledged to update the law prior to its expiration.


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The Occupational Safety and Health Administration (OSHA) has moved to hire back employees who were previously laid off, signaling a renewed emphasis on workplace safety and enforcement capacity. These layoffs, which reduced staffing levels across several regions, had strained the agency’s ability to conduct inspections, respond to complaints, and provide timely guidance to employers and workers. Rehiring experienced staff allows OSHA to quickly restore institutional knowledge and operational readiness without the delays associated with onboarding entirely new personnel.


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The outlook for corn sales, the biggest U.S. crop, is in sharp focus in Congress in an effort to offer market relief for farmers. Senator Deb Fischer (R-NE) has again introduced legislation, S. 593, the Nationwide Consumer and Fuel Retailer Choice Act, that would amend the Clean Air Act to allow year-round, nationwide sales of E15 gasoline (15 % ethanol blends) by applying the Reid Vapor Pressure (RVP) waiver that currently only covers E10 fuel. While administrative waivers have applied the RVP waiver to E15 fuel, this legislation would make it permanent. The bill has garnered notable bipartisan support. Fischer has been joined by both Republican and Democratic senators in reintroducing this legislation. While the legislation has failed to get over the finish line for years, with more than a third of U.S. corn used each year to make ethanol, the industry and farm state lawmakers are hoping to find a way to quickly pass the measure early this year. That includes potentially adding it to funding legislation needed by Jan. 30 to keep the government open.


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Congress returned this week from the holiday recess facing a long list of unfinished legislative business. Top on the list is to complete action on the remaining FY 2026 funding bills. In its last action prior to recess, Congress ended the longest government shutdown by passing a package three of the twelve full-year appropriations bills and approving a Continuing Resolution (CR) to fund the rest the government until January 30, 2026. Nine bills still need to be finalized. The Department of Agriculture legislation was one of the three approved bills so USDA programs are no longer threatened. The transportation appropriations bill was not finalized which could affect some programs; however, highway and bridge construction programs are not directly impacted because they are funded through the Highway Trust fund. Negotiations are ongoing for the remaining bills, but key disagreements, especially on Defense and HHS, suggest another temporary fix (CR) may be needed.


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Looking ahead to other action on Capitol Hill, Agri-pulse reports that House Agriculture Chairman Glenn “GT” Thompson, R-Pa., has said he wants to move a farm bill this month to reauthorize key programs not included in the One Big Beautiful Bill Act last July. The piecemeal approach follows lawmakers failing once again last year to clear a full, five-year ag measure. The last time that happened was 2018, and the partisan divide since then has only widened.


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