Current status (as of July 2026): H.R. 1346 passed the House on May 13, 2026, by a vote of 218–203, with 54 co-sponsors. The bill is awaiting Senate action.
H.R. 1346, the Nationwide Consumer and Fuel Retailer Choice Act of 2025, would allow year-round sale of E15 gasoline — fuel blended with 15% ethanol — at retail gas stations nationwide. Under current law, E15 cannot be sold during summer ozone season (June 1 through September 15) in most U.S. markets because its evaporative properties don't qualify for the same Clean Air Act waiver that applies to the more common E10 blend. This bill changes that by extending the existing E10 waiver to cover E15.
The Reid Vapor Pressure Problem
Gasoline evaporates. In summer heat, it evaporates faster, contributing to ground-level ozone formation when the vapors react with sunlight. The Clean Air Act sets seasonal limits on gasoline's evaporative properties, measured as Reid Vapor Pressure (RVP). Higher RVP means more evaporation.
E10 — the 10% ethanol blend now standard at most U.S. gas stations — receives a 1.0 psi RVP waiver from the Clean Air Act's summer limits. Congress granted this waiver in 1990 as part of the Clean Air Act Amendments, accepting slightly higher evaporation from E10 in exchange for other air quality benefits of ethanol blending (reduced carbon monoxide and particulates).
E15, which contains more ethanol, has a higher Reid Vapor Pressure than E10. Without an equivalent waiver, E15 exceeds the summer limits and legally cannot be sold during ozone season. The Environmental Protection Agency has granted limited emergency E15 waivers in specific years when corn ethanol supply was high and gasoline prices were elevated, but those waivers are temporary and product-specific, not a durable solution for fuel retailers who would like to offer E15 year-round.
What H.R. 1346 Does
The bill amends Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) to extend the 1.0 psi RVP waiver — currently applicable only to E10 — to cover E15 as well. The change is simple but consequential: it removes the regulatory barrier that has prevented year-round E15 sales since E15 was first approved for use in model year 2001 and newer vehicles.
The bill is supported by the ethanol industry, farm-state members of Congress from both parties (ethanol is the primary market for domestically produced corn), and fuel retailers who offer E15 and currently face complicated seasonal inventory management. The 54 co-sponsors include members from both parties representing agricultural states.
What E15 Is and Who Can Use It
E15 is approved by the EPA for use in all light-duty vehicles, trucks, and SUVs manufactured in 2001 or later. It is not approved for older vehicles, motorcycles, boats, or small engines (lawn mowers, generators, etc.). Most vehicles on the road today — roughly 96% by age — can use E15. Gas station pumps dispensing E15 are required to display labels indicating the approved vehicle types.
The fuel typically sells at a discount to E10, reflecting the lower energy density of ethanol (which produces slightly lower fuel economy per gallon) partially offset by lower commodity cost. For drivers, E15 is generally a lower-cost option at gas stations that offer it. For the ethanol industry, year-round E15 availability represents a significant market expansion.
Senate Prospects
Year-round E15 legislation has passed the House multiple times in previous Congresses without Senate action. The Senate's rural caucus is broadly supportive, but E15 legislation has faced opposition from petroleum industry interests, some environmental groups concerned about increased corn-based ethanol's life-cycle emissions, and procedural challenges in scheduling a standalone vote. As of publication, the Senate schedule for H.R. 1346 is unclear.