EPA Allows Midwestern States to “Opt-Out” of E10 Fuel Volatility Waiver

Regulatory Alert

EPA Allows Midwestern States to “Opt-Out” of E10 Fuel Volatility Waiver

EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman

Monday, February 24, 2025 – EPA will maintain the Biden Administration’s decision to permit several Midwestern states to remove the one-pound per square inch (psi) Reid vapor pressure (RVP) volatility waiver for E10 blends in their states. This puts E15 on equal footing with E10 blends, creating an artificial boutique fuels market in those and nearby jurisdictions during the summertime.

The implementation of the E10 volatility “opt-out” is set for April 28, 2025, after the agency initially delayed the effective date of the rule due to concerns over insufficient supply of gasoline. However, EPA is offering states the option to delay implementation for one year if they need more time to comply. Ohio has already requested this delay, and other states must submit their requests in writing by this Wednesday.

At the federal level, EMA will meet with EPA in the coming days to continue elevating the voice of marketers in the development of long-term biofuels policy. EMA will also seek legislative action on this issue.

“Not the response we were looking for, but EMA will continue to express marketers’ serious concerns regarding the effects of allowing the establishment of boutique fuels markets without adequate infrastructure and preparation, as well as the need for legislative action,” said EMA President Rob Underwood.

Energy Marketers of America Home Page | Opt-Out of Mailings