EPA issues summer waiver for higher ethanol gas

David Jordan, CQ-Roll Call on Mar 25, 2026

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WASHINGTON — The EPA announced Wednesday it will issue an emergency waiver allowing the nationwide sale of gasoline containing a higher percentage of ethanol as legislation that would allow the same remains stalled in Congress.

EPA Administrator Lee Zeldin issued the waiver that will allow sales of gasoline containing up to 15 percent ethanol. That blend of gasoline, known as E15, typically is restricted in summer months under the Clean Air Act to prevent the formation of smog.

The initial waiver will be in effect only from May 1 to May 20, the maximum number of days allowed under the law. However, the agency can reissue the waiver throughout the summer months, as it has done in the past.

The agency has issued these waivers each summer since 2022, when the Biden administration tied the action to energy disruptions after the Russian invasion of Ukraine. This year, administration officials alluded to rising energy prices caused by the conflict in Iran and the ongoing blocking of the Strait of Hormuz.

“EPA is working with our federal partners to reduce unnecessary costs and uncertainty and ensure that gas prices remain affordable for all Americans through the summer,” Zeldin said in a statement. “This emergency action will provide American families with relief by increasing fuel supply and consumer choice.”

Zeldin made the announcement at the CERAWeek 2026 energy industry conference in Houston.

Ethanol producers applauded the move.

“If ever there were justifiable conditions to merit an emergency waiver for E15, it would be now as fuel prices have skyrocketed from war with Iran and a historical oil market disruption in the Strait of Hormuz,” American Coalition for Ethanol CEO Brian Jennings said in a statement. “We welcome the Trump administration’s action which will help consumers access a significantly less expensive fuel, shielding drivers from Middle East fuel price volatility.”

The announcement comes as Republican lawmakers struggle to reach an agreement on legislation that would allow year-round sale of E15 without the need for the EPA waivers, which supporters argue would provide greater certainty for biofuel producers.

In January, the House voted to establish the E15 Rural Domestic Energy Council to prevent E15 supporters from tanking a procedural vote in protest of the fact that 2026 spending bills did not include the text of a bill from Rep. Adrian Smith, R-Neb., to allow year-round sales.

That council was supposed to provide legislation by Feb. 15 for a vote by Feb. 25. However, any legislation remains stalled over continued disagreements about how midsize refineries could receive exemptions from biofuel blending mandates.

“Right now, a handful of midsize refiners refuse to allow certainty for consumers, retailers, and agriculture producers in favor of their own interests,” Smith said in a statement. “It is clear to any reasonable person that this status quo must end.”

Without the backing of the refiners, the bill is unlikely to get the necessary support from oil producing states, which argue that exemptions are needed for these refineries to continue operations.

Senate Agriculture Chairman John Boozman, R-Ark., and ranking member Amy Klobuchar, D-Minn., have both said they support the inclusion of any final agreement on year-round E15 in the farm bill. President Donald Trump has endorsed year-round E15, as has Agriculture Secretary Brooke Rollins.

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