Efforts to increase year-round use of ethanol blends from the standard 10% up to at least 15% continue despite having not met the deadline to produce a compromise. An attempt to include the provision in the FY 2026 funding measure was slowed amid opposition from small oil refiners and environmentalists. House Speaker Mike Johnson and Senate Majority John Thune established a Council between all of the affected groups with a deadline of February 25 to bring forth a consensus measure. While discussions in that group continue, an attempt was made to include a provision in the House farm bill but was rejected due to lack of jurisdiction.
An attempt to address the issue started a few years ago, after President Donald Trump in his first term issued an Executive Order legalizing year-round E15. However, a court struck down the order and said Congress, not the executive, had to act if E15 were to be enshrined into law. More than a third of each year’s U.S. corn harvest, the nation’s biggest crop, is used to make ethanol.
The overall issue stems from E15 not being allowed to be sold in summer months due to concerns about air quality, but the regulation is widely viewed as outdated. Both Republican and Democratic administration have issued waivers allowing summertime sales to address all types of fuel market disruptions. Unless an E15 exemption is passed by Congress in the next few weeks, a 2026 waiver is likely to be granted by the Environmental Protection Agency ahead of the heavy driving season.