Regulatory Alert
EPA Issues First E15 and E10 Waivers
EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman
Tuesday, May 20, 2025 – EPA has
notified the Governors that the Agency has formally continued its
emergency fuel waivers for E15 gasoline nationwide and for E10 gasoline in
those seven Midwestern States that had opted out of allowing the sale of
E10 gasoline in their States with a 10-psi RVP. EPA states in its letter
that these waivers were issued in response to fuel supply concerns and the
potential for price spikes. The emergency fuel waivers are effective on
May 21, 2025, and continue for 20 days – the maximum duration for these
emergency fuel waivers under the Clean Air Act. EPA said its intention is
to issue successive emergency fuel waivers throughout the summer driving
season.
This is the fourth successive summer that EPA has issued
emergency fuel waivers for E15 gasoline. The Agency’s action temporarily
suspends the seasonal restriction that had prohibited E15 sales from June
1 through September 15. EPA Administrator Lee Zeldin testified before a
Senate panel last week, stating that the Agency supports year-round access
to E15 and that Congressional action is the “most desirable and easiest
solution.”
In addition to the nationwide E15 gasoline waiver, EPA
relaxed the volatility standards for E10 gasoline in Illinois, Iowa,
Minnesota, Missouri, Nebraska, South Dakota and Wisconsin. This emergency
fuel waiver for E10 gasoline is intended to alleviate fuel supply
constraints by requiring 7.8-psi RVP base gasoline for E10 to meet the RVP
limits in these seven States. Under the emergency fuel waivers, 9.0-psi
RVP base gasoline may still be used in these States, and the E10 blend can
be sold in these jurisdictions with a 10-psi RVP.
“EMA applauds
Administrator Zeldin for issuing this important E10 waiver for several
Midwest states to prevent price spikes at the pump. EMA will continue to
advocate for comprehensive policies that maximizes fungibility and
infrastructure compatibility and minimizes retail price volatility,” said
EMA President Rob Underwood.