EPA Extends The RVP Waiver Allowing Sale of E15 Through June 30, 2022

Thursday, the U.S. Environmental Protection Agency  extended through June 10, 2022, the temporary emergency RVP waiver issued on May 1, 2022, allowing the nationwide sale of E15 during the summer driving season.

The temporary waiver was set to expire on June 10, 2022.

The temporary waiver is authorized under Clean Air Act sections during emergency fuel supply shortages (CAA§ 21 l(c)(4)(C)(ii)(I), 42 U.S.C. § 7454(c)(4)(C)(ii)(I)) and must be renewed every 20 days.

The EPA cites the continuing “extreme and unusual” global fuel supply shortages caused by the war in Ukraine affecting all regions of the nation as justification for the waiver extension.

EMA has repeatedly warned both the EPA and the White House of the limitations involving the sale of E15 for the majority of retail gasoline stations across the nation.

Those limitations include compatibility issues with existing UST system components, motorcycles, boats and small gasoline powered equipment and downstream supply chain disruptions.

While the emergency waiver is only valid for a maximum 20 days, the EPA said it will issue waiver extensions “so long as the current fuel supply emergency continues.”

According to the waiver, gasoline that does not meet the applicable RVP requirements may not be introduced into terminal storage tanks from which gasoline is dispensed into trucks for distribution to retail outlets in the designated states after June 30, 2022, unless EPA renews the waiver.

However, any gasoline meeting the conditions of this waiver that is stored in terminal storage tanks for distribution to retail outlets and wholesale purchaser-consumers may be distributed and sold in subject areas in the designated states until the supply is depleted.

Likewise, retailers and wholesale purchaser consumers in these areas may continue selling or dispensing gasoline that meets the conditions of this waiver after June 30, 2022, until supplies in their E15 storage tanks are depleted.

EMA expects temporary waiver extensions to be issued throughout the summer driving season which ends on September 15.

The year-round sale of E15 is already allowed in reformulated gasoline (RFG) areas because RVP does not apply to RFG.

Also, several states including Vermont, Maine, New York and Texas (select counties) have adopted regulations disallowing use of the one-pound RVP waiver for reasons other than control of vehicle emissions.

The federal waiver may not apply in these states and further state action may be required. EMA will report additional waiver related developments as they occur.

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