EMA Regulatory Alert: EPA Issues Early E15 Summertime Waiver and Addresses E10 Standards In Seven Midwestern States
EPA issued an emergency waiver under the Clean Air Act authorizing
nationwide E15 sales during the 2026 summer driving season, citing
“extreme and unusual fuel supply circumstances” resulting from the
Middle East conflict. The waiver takes effect May 1 and is expected to
run in successive 20-day increments through September 15. The earlier
start than last year is intended to give terminal operators and
retailers additional lead time to prepare for the June 1–September 15
summer driving season when E15 sales are otherwise restricted under
federal Reid Vapor Pressure (RVP) limits.
EPA also acted to address E10 standards in seven Midwest states —
Illinois, Iowa, Minnesota, Missouri, Nebraska, South Dakota, and
Wisconsin — that previously petitioned EPA to eliminate the 1-psi RVP
waiver. By restoring that waiver, EPA ensures E10 and E15 are sold on
equal footing in those markets, reducing the risk of supply disruptions
and cost disparities that harmed distributors and retailers in 2025.
On the scope of relief, EPA declared:
“This waiver extends the ethanol blending limit in gasoline from 10 percent to 15 percent, reinstates the 1 psi allowance for ethanol blends in states where it was previously removed, waives Federal low volatility gasoline standards, and waives federal enforcement of all state ‘boutique’ fuel requirements for gasoline.” See waiver here.
Notably, as part of this action, EPA is waiving federal RVP requirements for both reformulated gasoline (RFG) and conventional gasoline, effectively setting a 10.0 psi RVP standard nationwide during the waiver period. While this federal waiver establishes a uniform baseline, its implementation at the state level may vary. Some states incorporate federal RVP requirements by reference into their State Implementation Plans (SIPs), which could result in automatic adoption of the 10.0 psi standard. In other states, additional regulatory action may be required. EMA is actively engaging with stakeholders across the supply chain and the agency to obtain additional clarification on the RFG relief implications.
Additionally, per the American Petroleum Institute, regardless of SIP treatment, states may need to address ASTM D4814, as Table 6 of that specification incorporates RVP requirements for counties subject to RFG standards. This introduces an additional compliance consideration for stakeholders operating in covered areas.
“For branded fuel marketers, the practical implications are significant,” said EMA President Rob Underwood. “Branded marketers, however, need to confirm with their suppliers whether summer-grade blendstock specifications are being adjusted in light of the restored E10 waiver in the affected Midwest states.”
Marketers operating in those seven states who source from terminals that had already transitioned to lower-RVP summer-grade products should verify current terminal inventory positions and pricing. Branded jobbers with supply agreements tied to posted rack pricing should also be alert to potential short-term price volatility as terminals and refiners respond to the earlier-than-usual waiver timing.
Finally, marketers should also be aware of downstream compliance obligations associated with offering E15, being mindful of regulated product changes that triggers notification requirements under state underground storage tank (UST) programs.
Separately, the Trump administration is expected to release the final 2026–2027 Renewable Volume Obligations (RVOs) soon. EPA Administrator Zeldin has said that the rule will be finalized before the end of this month. Reports indicate the final RVO levels will not materially differ from the June 2025 proposed volumes, which called for significant increases in total renewable fuel obligations while reducing RINs generated from imported feedstocks — a provision that could modestly tighten RIN supplies and affect compliance costs for obligated parties. Reports also differ on reallocations of RVOs from small refinery exemptions. EMA will provide a further analysis when the RVOs are finalized.
Click here for the permanent version of this Regulatory Alert
On Monday, EMA filed an amicus curiae (friend-of-the-court) brief with the U.S. Court of Appeals for the Federal Circuit, in RAI Strategic Holdings, Inc. v. International Trade Commission, in support of Reynolds Tobacco’s motion for summary reversal of the International Trade Commission’s (ITC) refusal to exclude infringing disposable vaping products manufactured in China.
The case centers on whether the ITC should have issued an exclusion order barring Chinese-made disposable vapes from the U.S. market for infringing on Reynolds’ patents. While the appeal to the Federal Circuit is grounded in patent law, EMA’s told the court that its interest is in the economic impacts of the remedy – the illicit products Reynolds seeks to exclude from entering the country are undercutting petroleum marketers that sell tobacco products every day.
EMA’s amicus brief makes three arguments:
Retailer fairness. Illicit vaping products bypass the FDA’s Premarket Tobacco Product Application process, evade federal and state excise taxes, and undercut compliant retailers on price — not through efficiency, but through lawbreaking.
Child safety. These products are intentionally engineered — through candy-inspired flavors, cartoon packaging, and social media marketing — to recruit children and adolescents as nicotine consumers.
Rule of law. A robust ITC exclusion order reinforces that compliance with federal and state regulatory requirements is not optional, benefiting every law-abiding business in the marketplace.
EMA urged the Court to grant summary reversal and enter a ruling that strengthens enforcement tools against the illicit tobacco trade.
EMA urged the Court to grant summary reversal and enter a ruling that strengthens enforcement tools against the illicit tobacco trade.
On March 25, EPA Administrator Lee Zeldin announced emergency waivers to permit the temporary sale of E15 gasoline during the upcoming summer driving season. This decision is intended to bolster the domestic fuel supply and provide financial relief to consumers at the pump, especially as the conflict in Iran has triggered a spike in fertilizer prices and general energy market instability. The emergency waiver is scheduled to go into effect on May 1 and will initially remain in place through May 20, with the potential for further extensions. Additionally, the EPA is also removing federal impediments to selling E10 and waiving enforcement of various state "boutique" fuel requirements. These actions establish a single common standard across the United States for gasoline containing 9 to 15 percent ethanol. Although President Trump has supported a deal for permanent year-round E15 sales, efforts to pass such legislation remain stalled in Congress. Furthermore, stakeholders are awaiting a final EPA ruling, expected by the end of March, that will set the required volumes of biofuels to be mixed into the national supply and determine how small refinery exemptions will be handled.
Yesterday EMA joined other cosigners in sending a letter to Senate Majority Leader John Thune (R-SD) Senate Minority Leader Chuck Schumer (D-NY), House Speaker Mike Johnson (R-LA) and Minority Leader Hakeem Jefferies (D-NY) urging congress to reinstate the $1 per gallon Section 40A biodiesel blending tax credit of the Internal Revenue Code. Reinstating the biodiesel blenders credit will minimize the escalating rise in diesel prices.
Senate Minority Leader Chuck Schumer recently introduced a five-point energy and climate change agenda at a League of Conservation Voters gala, outlining Democratic priorities should they regain the Senate majority in the upcoming midterm elections. The strategy seeks to expand the Democratic coalition by framing clean energy as a means to achieve lower electricity bills and job growth rather than focusing solely on environmental protection. This shift highlights a party-wide effort to emphasize affordability while attempting to gain the net four seats required to reclaim control of the chamber. The blueprint includes a return to Inflation Reduction Act clean energy tax incentives that were rolled back by the Trump administration. Politically, the plan offers a partisan permitting concept intended to provide "legislative certainty" for clean energy projects, Schumer stated that permitting legislation “never must come at the expense of our obligation to protect local communities and safeguard the environment.” While Democrats have recently been less vocal about climate change to test its palatability with voters, this rollout demonstrates a willingness to engage the issue through the lens of economic benefit. To support this agenda, Senate Democrats have already begun forcing votes on resolutions aimed at undoing Republican-led rollbacks of clean energy tax policies.
Senate Republicans recently blocked a Democratic resolution aimed at overturning Trump administration guidance that restricts access to renewable energy tax credits for solar and wind companies. Democrats argued that this guidance, combined with the "One Big Beautiful Bill Act," has increased electricity prices and unfairly "strangles" renewable energy by tightening construction requirements and eliminating long-standing eligibility rules. Despite some past
Republican interest in easing the phase-out of these incentives, no GOP members joined the effort, maintaining a partisan deadlock where Republicans continue to protect administration actions from Democratic repeal attempts.
EMA’s annual Washington Conference and Day on the Hill will be held
in Washington, DC from May 13-15 at The
Mayflower Hotel. Our industry continues to have many important
legislative and regulatory issues to discuss and the Day on the Hill
remains the primary focus of this conference for you to meet with your
members of Congress and network with other marketers from across the
country!
Hotel reservations will close April 30 at 6:00 pm Eastern or when
the room block is sold out. Tuesday night (2 available), Wednesday night
(19 available), and Thursday night (Sold out). If we sell out,
please refer to Additional Hotel Information #3.
Registrations must be received by April 30 to be included in our hotel guarantee.
| Click here to Register and Book your Hotel Room for EMA’s DC Conference and Day on the Hill |
EMA PAC Silent Auction Sponsorship Needed
EMA is reaching out to ask you to donate an item or experience for The Day on the Hill PAC Silent Auction. Please consider helping to grow the EMA PAC so that we can reach and support lawmakers that help you and the entire industry by contributing to the use of your vacation home or an experience for the auction. No value is too low to help generate funds for the EMA PAC during the 2026 Midterm elections.
The auction will take place in conjunction with EMA’s Washington Conference May 13-15. Bidding and raffle purchase will begin April 13 and will close May 15 at 9:00 am. The auction items will be displayed at the Welcome Reception on May 14. Last year, there was tremendous support in contributions for the auction and EMA SBC PAC Co-Chairs Mike Downs and Tim Keigher urge your participation this year as well!
If you have items that you would like to contribute for the Silent Auction, please click here or contact Sabrina Pitcher at 703-351-8000.
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Federated Insurance: It’s Your Life
Why Estate Planning is For Everyone, Including
You
Many people think estate planning is only for the rich, but that is not the case. If you have people you love or property you value, an estate plan can be a smart choice.
Estate planning gives you control. You decide what happens to your assets, your children, and your healthcare choices if you cannot make decisions for yourself. If you do not have a plan, state laws may make these decisions for you. This could result in outcomes that don’t match your original wishes.
An estate plan can be beneficial in many ways. For example:
Parents can use a will or trust to name guardians for their minor children. This ensures the people you trust most will care for them.
Homeowners can use a plan to help avoid legal delays and protect the equity they’ve worked hard to build.
Blended families can use an estate plan to ensure every family member receives an intended inheritance and to help keep peace among relatives.
Single adults can benefit from documents like a power of attorney or a healthcare directive. These allow you to choose someone to make decisions for you if you become unable to do so.
Anyone with sentimental property, like a family heirloom or a small business, should state their wishes clearly to avoid future disagreements.
Estate planning isn’t about the amount you own. It’s about making sure what you have goes to the people and places you choose. Creating an estate plan is a meaningful way to protect the people who matter most to you. Contact your Federated Insurance® marketing representative today to connect you with independent estate planning resources or contact your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.
At Federated Insurance, It’s Our Business to Protect Yours®
This article is for general information and risk prevention only and should not be considered an offer of insurance or legal, financial, tax, or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all losses. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. This information is current as of its publication date and is subject to change. Some of the services referenced herein are provided by third parties wholly independent of Federated. Federated provides access to these services with the understanding that neither Federated nor its employees provide legal or other expert advice. All products and services not available in all states. Qualified counsel should be sought with questions specific to your circumstances. All rights reserved.
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