PA Dept of Agriculture Aligns Temporary Enforcement Policy with EPA Fuel Waiver


On May 8, the Pennsylvania Department of Agriculture (PDA) issued a Temporary Enforcement Guidance (retroactively effective May 1, 2026) regarding enforcement of Reid Vapor Pressure (RVP) requirements under the Commonwealth’s Automotive Fuel Testing and Disclosure Program.

EPA already exercised its federal waiver authority under the Clean Air Act. EPA’s March 25, 2026 waiver — and subsequent extensions — waived federal enforcement of certain summertime low-volatility and boutique fuel requirements, allowing a nationwide 10 psi RVP gasoline pool for fuels containing 9–15% ethanol. Pennsylvania Department of Environmental Protection (PA DEP) previously confirmed there are no additional state regulations or statues to waive aside from the PDA action.

Under the guidance, PDA is temporarily waiving enforcement authority related to the ASTM D4814 standards related to Class E-15 Reid Vapor Pressure (RVP) compliance requirements for E-10 gasoline. Specifically, the Department stated it will not pursue enforcement actions against regulated parties involved in the distribution, storage, sale, or offering for sale of qualifying gasoline products while the federal waiver remains in effect.

PPA encourages all members to review the guidance carefully and consult with their compliance, legal, and supply teams regarding operational impacts.

If you have any questions regarding the waiver, please contact Ted Harris (PPA Executive Vice President).

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