Midwest Governors Urge EPA to Issue Summertime E10 Emergency Waivers to Ensure Uniform Fuel Specifications

Regulatory Alert

Midwest Governors Urge EPA to Issue Summertime E10 Emergency Waivers to Ensure Uniform Fuel Specifications

EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman

Thursday, April 17, 2025 – EMA is pleased to report that the Governors of Illinois, Iowa, Nebraska, Minnesota, Missouri, South Dakota, and Wisconsin have requested EPA to issue emergency waivers for E10, allowing the sale of E10 gasoline with a 10-psi RVP. If granted, refiners would no longer be required to produce 7.8 RVP gasoline this summer and could instead revert to producing 9.0 RVP gasoline with the one-pound waiver applicable to to E10 (conventional gasoline).

“[W]e are requesting that if EPA issues emergency waivers for E15, those waivers also allow E10 to exceed the applicable RVP standard at 40 CFR 1090.215(b)(3)(ii) by 1 psi,” the letter stated.

EMA has been collaborating with its Central Region to share key market insights with state and federal decision-makers to emphasize the need to avoid fuel bifurcation and to minimize retail price hikes that disproportionately impact small business marketers and consumers. In March and April, EMA met with EPA’s Office of Air and Radiation, while Central Region associations advocated at the state level to maintain fuel fungibility in the Midwest.

The request also underscores the need to provide long-term regulatory parity for E15 blends. Current federal regulations limit the sale of E15 fuel during the summer months in many regions across the U.S due to RVP restrictions. While E10 benefits from a 1-psi RVP waiver under the Clean Air Act, E15 does not receive the same exemption. However, EPA has issued emergency E15 waivers in each of the past three years to prevent gasoline supply disruptions and price spikes during heightened summertime demand. The continuation of these waivers is supported by the Trump administration, and EMA anticipates that E15 waivers will be issued again this year.

EMA will continue advocacy efforts with the EPA’s Office of Air and Radiation and will keep members informed of any developments.

“EMA welcomes this request from Midwestern governors as a viable mechanism to avoid worsening the fuel bifurcation issue caused by the RVP opt-out. Forcing a special boutique fuel blend in the Midwest (7.8 RVP gasoline) to accommodate higher ethanol blends has already resulted in 20-25 cent price spikes in the region, including in non-petitioning states. EMA greatly appreciates the support from its Central Region; our collaboration underscores the virtues and strength of a unified federation with both national and state advocacy arms,” said EMA President Rob Underwood.

“Boosting E15 consumption cannot come at the expense of fuel fungibility. The regulatory costs of this approach are significant––and overwhelmingly borne by small business marketers and consumers at the pump. EMA will continue to advocate for comprehensive policies that maximize fungibility, consider infrastructure compatibility, and minimize retail fuel price volatility,” said EMA Regulatory Counsel Jeff Leiter.

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