EPA Grants Emergency Waivers for E15 and Includes E10 Emergency Waiver For Midwestern States

EPA Grants Emergency Waivers for E15 and Includes E10 Emergency Waiver For Midwestern States

On Monday, April 28, the EPA announced the issuance of emergency fuel waivers allowing for the sale of E15 during the summer driving season. EPA’s emergency fuel waiver will go into effect on May 1 when terminal operators would otherwise no longer be able to store for sale E15 in the affected regions of the country. The first round of emergency waivers will initially remain in place through May 20, the maximum number of days allowed under the Clean Air Act. EPA will continue to monitor supply with industry and federal partners. The agency expects to issue new waivers effectively extending the emergency fuel waiver until such time as the extreme and unusual fuel supply circumstances are no longer present. In past years, EPA has issued waivers consecutively to cover the summer driving season through September 15.  The full release from EPA can be viewed here.

The most recent announcement from EPA granting emergency fuel waivers for the summer driving season includes a twist by granting emergency fuel waivers for E10 in the summer months for Illinois, Iowa, Minnesota, Missouri, Nebraska, South Dakota, and Wisconsin. Previously, the Governors of these seven midwestern states had petitioned EPA to be removed from the 1-psi RVP waiver for E-10. On February 21, 2025, the EPA confirmed plans to grant the Governor’s request prior to the upcoming summer driving season.

At the time of EPA’s release granting the Governor’s request, the EPA allowed individual states to petition for a 1-year delay from the implementation of the agency action. Ohio and South Dakota submitted for and were granted a 1-year delay. In response to the agency announcement, refiners scrambled to adjust gasoline supply to meet the new lower-RVP requirements by refining and supplying a lower-RVP CBOB suitable for blending with E10 during the summer driving season which begins on May 1 for refiners and pipeline terminals.

On April 16, 2025, the same group of Governors sent a letter to the EPA requesting that if EPA issues emergency waivers for the sale of E15 during the summer months, those same waivers include E10 to ensure consistent and uniform fuel specifications for E10 and E15 nationwide and avoid fuel fungibility issues during a national fuel supply crisis. EPA’s announcement on Monday, April 28 opens the door for refiners to revert back to the production and marketing of a traditional 9-psi CBOB suitable for ethanol blending during the summer months in lieu of a lower-RVP boutique CBOB. There is little doubt refiners have made a sizeable investment in their transition from 9-psi CBOB to a low-RVP boutique CBOB for the region and it remains to be seen how they will respond to the issuance of emergency waivers nullifying their transition 3-days prior to the regulatory deadline.

If you are confused after reading this, I’ll leave you with very good news. Regardless of whether the CBOB shipped into Iowa is a traditional 9-psi CBOB or a low-RVP boutique CBOB, the blending and marketing of both E10 and E15 during EPA’s summer driving season will be allowed in Iowa this summer and that is an action FUELIowa and our members support.