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The Finance Base
biofuels

Why Farm and Biofuel Groups Were Furious When Congress Left Year-Round E15 Out of Its 2026 Spending Bill

Congress omitted permanent year-round E15 language from its January 2026 spending package, prompting sharp criticism. EPA later issued a temporary waiver, while House and Senate proposals advanced without establishing enactment by October 4.

By TheFinanceBase Team 4 min read
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Farm and biofuel groups objected because Congress left permanent nationwide year-round E15 authorization out of its January 2026 spending package and set up a council to work on a compromise instead. They viewed the council as delay—and, in the American Soybean Association’s case, worried its broad review could reach beyond E15 to other biofuel policies. EPA later granted a temporary summer waiver, and lawmakers advanced other proposals, but the latest located record, dated September 24, does not establish that year-round E15 became permanent law.

Why the omission angered farm and biofuel groups

The immediate dispute was about timing and certainty. Supporters wanted the spending package to authorize nationwide year-round sales, rather than leave retailers and drivers subject to seasonal limits and recurring temporary waivers. Congress planned a Rural Domestic Energy Council to develop a compromise instead of adopting the requested language.

Growth Energy CEO Emily Skor condemned the decision, saying, “Congress picked foreign refiners over American farmers and drivers today. What a travesty.” That is Growth Energy’s advocacy framing, not a neutral finding about who benefited from the decision.

The American Soybean Association supported year-round E15 too, but objected to the council’s open-ended scope. Its president, Caleb Ragland, said, “The open-ended directives of this Council create a dangerous precedent that threatens the foundation of the U.S. biofuel industry.” That statement expresses the association’s concern; it does not establish that the council changed other biofuel policies.

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What E15 is—and what year-round authorization would change

E15 is gasoline blended with 10% to 15% ethanol, according to the Congressional Budget Office (CBO). The relevant federal issue is a Clean Air Act limit on gasoline volatility, measured through Reid Vapor Pressure (RVP), which is intended to reduce smog. Seasonal restrictions have constrained summer sales of higher-ethanol blends.

EPA has used temporary summer waivers to let E15 remain on sale during the restricted period. H.R. 1346, the Nationwide Consumer and Fuel Retailer Choice Act of 2025, would apply the E10 RVP waiver to fuel with up to 15% ethanol, allowing year-round sales subject to provisions for states in the bill. That would change the statutory basis for sales; a temporary EPA waiver does not itself make the change permanent.

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Even if the seasonal federal restriction were removed, it would not guarantee E15 at every station or resolve every constraint on demand. CBO noted that the summer limitation is not the only factor affecting demand. Retailers that choose to offer E15 can also face equipment costs because E10 and E15 may require separate or specialized tanks and pumps.

What happened after the spending bill

Date and route What happened What it established
January 2026: spending package Congress left year-round E15 language out and planned a Rural Domestic Energy Council to develop a compromise. No permanent year-round authorization in that package.
May 2026: EPA action EPA announced an emergency summer waiver, effective May 1 in most states and initially set to run through May 20. The agency said E15 was then offered at more than 3,000 U.S. stations. Temporary access during the waiver period, not permanent statutory authorization.
May 13, 2026: House bill The House passed H.R. 1346, the Nationwide Consumer and Fuel Retailer Choice Act of 2025. House passage, not enactment.
September 24, 2026: Senate farm-bill route Senator Deb Fischer said the Senate Agriculture Committee had advanced a farm bill that included permanent year-round E15. Committee advancement, not final congressional action.

The EPA’s May announcement described the waiver as a way to keep E15 on the market while providing additional flexibility in fuel markets. Its station count and dates are agency-reported details of that temporary action, not evidence of a permanent nationwide rule.

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Why support for E15 did not mean support for the whole House bill

H.R. 1346 bundled year-round E15 authorization with changes to the Renewable Fuel Standard (RFS) and provisions affecting small-refinery exemptions. That matters because the effects of the package were broader than the effects of E15 authorization on its own.

CBO said year-round E15 by itself would tend to reduce the deficit and modestly increase demand for corn-based ethanol. But its estimate for the full House bill—which included the RFS changes—projected a $2.662 billion increase in direct spending and a $2.270 billion increase in the federal deficit over 2026–2036. Those are estimates for the entire bill, not for the E15 provision alone. CBO also projected weaker demand for biomass-based diesel, with negative effects on soybean demand and prices.

The American Soybean Association supported year-round E15 while opposing the House bill’s linked RFS and refinery provisions. The association said FAPRI and CBO analyses indicated that the House-passed legislation could reduce net farm income and harm soybean growers and the wider agricultural economy. That is the association’s characterization of the analyses, not a finding that all farm groups shared one position. Corn and biofuel advocates, meanwhile, have argued that broader E15 access could expand markets for corn ethanol, increase consumer choice and save drivers money; those potential savings are advocacy claims, not an independently established result in the cited material.

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What drivers and households can conclude

For drivers, the practical point is that an announced waiver and a bill passed by one chamber are not the same as a permanent nationwide change. The waiver was temporary, and the latest dated congressional development here is Senate committee advancement—not enactment. The available record through October 4, 2026, therefore does not establish that permanent year-round sales became law.

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For households weighing potential fuel savings, the evidence cited here does not settle how much a driver would save. Availability depends in part on retailers choosing to offer E15 and having suitable equipment; the policy debate also involves farm-market effects and the bill’s separate changes to biofuel rules.

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