June 17, 2025
In an effort to “address fuel supply challenges and support domestic agriculture” this summer, the U.S. Environmental Protection Agency (EPA) is issuing emergency waivers to allow the nationwide sale of E15 gasoline during the summer months. While this is the fourth successive summer in which EPA has issued this type of emergency fuel waiver, there was a new hurdle this year compared to years past.
Earlier this year, EPA granted requests from eight Midwestern states to revoke the 1-psi Reid Vapor Pressure (RVP) waiver for E10 during the summer months, aiming to make E15 more widely available by eliminating the RVP advantage that E10 held. Two such states requested delays in implementation. For the remaining six states, EPA also waived the volatility standard for E10 gasoline. Under the waiver, 9.0-psi RVP base gasoline can still be used, and E10 may be sold with a 10-psi RVP—effectively returning these states to the same regulatory conditions they faced in past summers.
How the Emergency Waiver Works
Under the Clean Air Act, EPA has the authority to issue temporary waivers for certain fuel requirements during emergency situations. These waivers apply the1-psi RVP waiver—a measure of a fuel’s volatility—to E15, allowing its sale for 20 consecutive days without violating air quality regulations.
One of the primary drawbacks of the current system of temporary waivers is their inherent limitation: they are, by design, short-term solutions. Each waiver issued by EPA is only valid for 20 consecutive days. While this allows for quick responses to evolving conditions, it also creates a recurring need for reassessment and reissuance when conditions stay the same.
Temporary waivers cause uncertainty for fuel producers, distributors and retailers, who have to adjust operations and logistics to align with the changing regulatory landscape, often with little advance notice. As a result, the summer season—already a period of increased fuel demand—can become a logistical challenge marked by last-minute decisions and planning difficulties. Ultimately, the temporary and conditional nature of these waivers contributes to a cycle of instability that undermines efficient fuel market operations.
Looking Ahead
EPA’s emergency waivers for E15 gasoline serve an important short-term role in addressing immediate fuel supply issues. As fuel markets grow more complex and energy needs evolve, the limitations of these ad hoc measures become increasingly apparent.
To create lasting stability, many advocates have been calling on Congress to establish a permanent, year-round solution for E15 availability, much like what was done for E10. Such a legislative fix would eliminate the need for these repeated emergency waivers, reduce regulatory uncertainty, and better support long-term investments in renewable fuels.
By Tori Reese, Compliance Advisor