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Nebraska, Iowa sue over E15 fuel availability

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This story was updated on Thursday, the day after original publication, when the EPA responded.

Some don't pay a whole lot of attention to what options are or aren't available at the pump.

"I just like what makes my car go, and what's gonna be the cheapest option," said Camdyn Golden. "I usually just come, fill up my tank, go about my day. Really doesn't matter to me much."

But to the Nebraska and Iowa attorneys general, it's worth suing over. The states sued the Environmental Protection Agency this week, saying E15 should be available all year.

E15 is 15% ethanol. It can be used in the vast majority of cars made in 2001 or later.

But because E15 often isn't a choice at the pump, the cheapest option is usually E10. Flex Fuel vehicles can use E85, which is significantly cheaper and uses more ethanol.

It's "a Nebraska fuel," said Dawn Caldwell, the executive director at Renewable Fuels Nebraska.

E15, also called Unleaded 88, uses more corn. Because it has more ethanol, it's generally cheaper.

At Casey's on 99th and Q Streets in Omaha, E10 was being sold for $3.49 Wednesday afternoon. E15 was sold for $3.39.

But E15 doesn't have the EPA's blanket approval for sale across the country during the summer. It's been available continuously in Nebraska and Iowa for a while, though. This year, six last-minute waivers have allowed E15.

The EPA says E15 was had limited availability in Nebraska and Iowa in the summer of 2018, before new volatility controls began the next summer.

Caldwell hopes that, with a change in EPA rules, more gas stations might be willing to offer it.

"They want to make sure they can offer it consistently and regularly," she said. "They don't want to make changes for the consumers."

Nebraska and Iowa say eight governors asked the EPA to allow E15 gas sales through the summer on April 28, 2022. The lawsuit says a response required in 90 days by the Clean Air Act hasn't come. The EPA declined to comment on the lawsuit.

"The Biden Administration knows that increasing access to E15 will help consumers obtain some relief from the rising cost of gasoline, provide support for our farmers, and strengthen US energy security during a turbulent time,” Nebraska Attorney General Mike Hilgers said in a statement. “Earlier this year the administration recognized as much when it issued a temporary waiver. There is no reason that waiver shouldn’t be made permanent.”

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