EPA Issues Early E15 Summertime Waiver

On March 25, 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 have 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.

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