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

On Monday EPA announced it 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 in 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 Wednesday.