EPA Extends E15 and RVP Waivers, Accelerates Winter Fuel Transition

On August 20, the EPA issued a national fuel waiver under Clean Air Act Section 211(c)(4)(C), citing extreme and unusual fuel supply circumstances driven by ongoing Middle East conflicts and reduced U.S. refining capacity. The waiver — a renewal and extension of prior actions dating to March 2026 — provides immediate and near-term flexibility for fuel marketers and distributors across the country.

What the Waiver Does

Effective August 29, 2026, the waiver:

• Extends the ethanol blending limit from 10% to 15%, authorizing E15 sales nationwide
• Reinstates the 1 psi RVP allowance for ethanol blends in states where it had previously been removed
• Waives federal RVP standards — allowing gasoline with an RVP of up to 10 psi (when blended with 9–15% ethanol) to be distributed and sold nationwide through August 31
• Waives federal enforcement of state boutique fuel requirements for an additional 20 days through September 15, 2026, or September 17 where SIP requirements extend beyond that date
• Accelerates the transition to winter gasoline — beginning September 1 rather than the standard September 16 date, using the location-specific ASTM D-4814 volatility limits applicable to September 16

Rationale Behind the New Fuel Waiver

National motor gasoline inventories remain 6% below the five-year average for this time of year, and EIA projects inventories to remain below the seasonal five-year range until fall 2026. Iranian attacks on tankers transiting the Strait of Hormuz and strikes against regional oil and gas infrastructure have disrupted global energy markets, while U.S. refining capacity has declined by 800,000 barrels per day since January 2020. Refinery utilization currently stands at 96.2% — leaving virtually no production cushion to absorb disruptions.

Implications for Fuel Marketers

The waiver eliminates the near-term obligation to transition to lower-volatility summer blends, preserving fuel supply volumes at a critical time. Fuel marketers and distributors may continue selling gasoline under the waiver’s RVP standards through the applicable expiration dates. EPA has indicated its intention to issue a further renewal if extreme and unusual supply circumstances persist beyond the current control period. PPA will continue to monitor for any EPA renewal notice ahead of September 15.

Full waiver letter available at www.epa.gov/gasoline-standards/fuel-waivers

Pennsylvania Background

In May, the Pennsylvania Department of Agriculture (PDA) issued temporary enforcement guidance aligning state enforcement with EPA’s federal fuel waiver. Effective retroactively to May 1, PDA stated that it would not pursue enforcement actions related to applicable ASTM D4814 Reid Vapor Pressure requirements against parties distributing, storing or selling qualifying gasoline while the federal waiver remains in effect. The Pennsylvania Department of Environmental Protection also confirmed that no additional state regulatory action was required beyond PDA’s enforcement guidance.

Because EPA’s August 20 action renews and modifies the federal waiver, PPA is seeking confirmation from PDA that its existing enforcement policy continues to apply through the new federal waiver periods, including the accelerated transition to winter-grade gasoline. Members should continue to consult their suppliers and compliance teams until that confirmation is received.