EPA Issues First E15 and E10 Waivers

EPA Issues First E15 and E10 Waivers

EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman

Tuesday, May 20, 2025 – EPA has notified the Governors that the Agency has formally continued its emergency fuel waivers for E15 gasoline nationwide and for E10 gasoline in those seven Midwestern States that had opted out of allowing the sale of E10 gasoline in their States with a 10-psi RVP. EPA states in its letter that these waivers were issued in response to fuel supply concerns and the potential for price spikes. The emergency fuel waivers are effective on May 21, 2025, and continue for 20 days –  the maximum duration for these emergency fuel waivers under the Clean Air Act. EPA said its intention is to issue successive emergency fuel waivers throughout the summer driving season.

This is the fourth successive summer that EPA has issued emergency fuel waivers for E15 gasoline. The Agency's action temporarily suspends the seasonal restriction that had prohibited E15 sales from June 1 through September 15. EPA Administrator Lee Zeldin testified before a Senate panel last week, stating that the Agency supports year-round access to E15 and that Congressional action is the "most desirable and easiest solution."

In addition to the nationwide E15 gasoline waiver, EPA relaxed the volatility standards for E10 gasoline in Illinois, Iowa, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin. This emergency fuel waiver for E10 gasoline is intended to alleviate fuel supply constraints by requiring 7.8-psi RVP base gasoline for E10 to meet the RVP limits in these seven States. Under the emergency fuel waivers, 9.0-psi RVP base gasoline may still be used in these States, and the E10 blend can be sold in these jurisdictions with a 10-psi RVP.

"EMA applauds Administrator Zeldin for issuing this important E10 waiver for several Midwest states to prevent price spikes at the pump. EMA will continue to advocate for comprehensive policies that maximizes fungibility and infrastructure compatibility and minimizes retail price volatility," said EMA President Rob Underwood.