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U.S. Senators Introduce Bill to Allow Year-Round, Nationwide E15 Sales

The 2025 E15 bill would address seasonal Clean Air Act volatility rules, but temporary EPA summer waivers are not a permanent change in law.
From TheFinanceBase Team4 min to read
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On February 27, 2025, Senators Roger Marshall and Deb Fischer introduced the Nationwide Consumer and Fuel Retailer Choice Act of 2025, a bill they said would allow E15 gasoline to be sold year-round nationwide. The proposal would address a seasonal Clean Air Act volatility restriction; it is not the same as the temporary waivers the Environmental Protection Agency has issued for summer sales. The available information establishes the bill’s introduction and purpose, but not whether it became law by October 8, 2026.

What is E15?

E15 is gasoline blended with up to 15% ethanol and 85% gasoline, according to the Congressional Research Service (CRS). It is a higher-ethanol blend than E10, which contains 10% ethanol. The bill concerns when and where E15 may be sold, not a requirement that every fuel retailer carry it.

What does the 2025 year-round E15 bill do?

The Nationwide Consumer and Fuel Retailer Choice Act of 2025 was introduced in the Senate on February 27, 2025, by Roger Marshall and Deb Fischer. Their offices said it would allow year-round, nationwide E15 sales. Companion House legislation was sponsored by Representatives Adrian Smith and Angie Craig, according to Marshall’s office.

The Senate cosponsors listed in Marshall’s release were John Thune, Tammy Duckworth, Shelley Moore Capito, Amy Klobuchar, Pete Ricketts, Dick Durbin, Jerry Moran, Chuck Grassley, Tammy Baldwin, Joni Ernst, Tina Smith and Mike Rounds. Grassley’s office described the measure as reintroduced legislation. A predecessor, then called the Consumer and Fuel Retailer Choice Act, was reintroduced in 2023, according to Senator Mike Rounds’s office.

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The proposal’s advocates have tied it to consumer prices, farm demand, rural jobs, energy security and environmental benefits. Those are attributed arguments, not outcomes established by the bill’s introduction. Grassley said year-round E15 “will help cut prices at the pump, create jobs in rural America and restore America’s energy dominance.” Fischer argued it would end “years of patchwork regulations” and give producers and consumers certainty. CRS identifies questions about prices, demand, rural economies, infrastructure, the Renewable Fuel Standard and environmental effects as issues for consideration; the cited materials do not establish a measured consumer-savings figure.

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Why is E15 restricted in summer?

The restriction stems from gasoline volatility rules under the Clean Air Act. Reid Vapor Pressure (RVP) measures a fuel’s tendency to evaporate. Volatile organic compounds from evaporating gasoline can contribute to ground-level ozone and smog, and evaporation is more likely at higher temperatures. CRS describes the summer driving season at issue as June 1 through September 15; the relevant rules generally apply across the contiguous 48 states and the District of Columbia.

The law gives certain gasoline blends containing 10% ethanol an additional one-pound-per-square-inch RVP allowance, subject to conditions. That E10 allowance does not automatically extend to E15. It also does not apply to reformulated gasoline, and state implementation plan provisions can limit the allowance. State-specific relief and fuel requirements can therefore affect whether E15 is available in a particular place and period. CRS estimates that about 25% of U.S. gasoline is reformulated gasoline.

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On the technical question of volatility, CRS reports a National Renewable Energy Laboratory (NREL) finding from 2012: “the RVP impact of 15% ethanol is indistinguishable from that of 10% ethanol in gasoline for all volatility seasons and base hydrocarbon vapor pressures,” and “there is no technical reason for treating E10 differently from E15.” That finding is specifically about RVP; it does not resolve every possible environmental, vehicle or policy question. CRS also reports NREL’s estimate that adding 10% ethanol to gasoline increases the blend’s RVP by about 1.0 psi.

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Is an EPA waiver permanent?

No. An EPA emergency fuel waiver is temporary agency action, while the 2025 bill proposes a lasting change through Congress. CRS says the waivers are limited to 20 calendar days or less. EPA can issue additional waivers under specified conditions, but an executive order directing the agency to consider them does not require EPA to act or change the statute. As CRS puts it, the order “directs the EPA Administrator to consider issuing—but does not require the Administrator to issue—temporary fuel waivers that would allow for the year-round sale of E15.”

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Question Temporary EPA waiver Proposed 2025 bill
Duration Limited to 20 calendar days or less per waiver, according to CRS; further relief may require additional agency action. Intended to establish year-round sales through legislation; the available material does not establish enactment.
Legal mechanism EPA action under existing waiver authority, based on specified conditions and agency findings. Congressional legislation that would change the statutory treatment of E15.
Geographic reach EPA announced nationwide summer relief in 2025 and 2026, subject to the terms of each waiver. The sponsors said the bill would allow year-round sales nationwide.
Dependence on agency findings Yes. EPA must decide whether a waiver is justified; an instruction to consider one does not compel issuance. The proposed permanent change would require congressional enactment rather than repeated waiver decisions.
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What happened with the 2025 and 2026 summer waivers?

On April 28, 2025, EPA announced nationwide summer E15 relief, initially scheduled to run from May 1 through May 20. The agency said it would monitor fuel supply and could issue additional waivers. In March 2026, EPA announced another temporary nationwide summer E15 waiver, effective May 1. EPA and the Department of Energy said they found it to be in the public interest.

The 2026 EPA announcement included calls from officials for Congress to make year-round E15 sales permanent. That distinction matters: seasonal waivers may permit sales during a specific period, but they do not themselves settle the permanent legislative question or establish that the 2025 bill became law.

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