Proposed Rule in Response to Request From States for Removal of Gasoline Volatility Waiver

On this page:

• Rule Summary
• Additional Resources

Rule Summary

The Environmental Protection Agency (EPA) is responding to requests from state governors to remove the 1-psi volatility waiver for gasoline-ethanol blends containing 10 percent ethanol in their states. The governors made their request pursuant to CAA section 211(h)(5), which provides that the Administrator shall remove the 1-psi waiver via regulation upon demonstration that the 1-psi waiver increases emissions in their state. After review of the modeling results presented by the governors in their requests, EPA is proposing to remove the 1-psi waiver in the following states: Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin.

EPA also received multiple petitions from stakeholders requesting an extension of the effective date to the summer of 2024. This action proposes to delay the effective date for one year consistent with statutory provisions. EPA proposes an effective date for all states of April 28, 2024. This action also proposes a regulatory process by which a state may request to reinstate the 1-psi waiver.

Public Hearing

EPA held a virtual public hearing on March 21, 2023, for the proposed rule.

Additional Resources

• Proposed rule: Request From States for Removal of Gasoline Volatility Waiver (pdf) (309 KB, published March 6, 2023)
• Final Rule in Response to Request From States for Removal of Gasoline Volatility Waiver
• Petitions to Delay Implementation
  • Petition from Magellan (2022) (pdf) (129.3 KB, September 16, 2022)
  • Petition from API (pdf) (124.98 KB, September 23, 2022)
  • Petition from Flint Hills Resources (pdf) (608.3 KB, September 29, 2022)
  • Petition from Phillips 66 (pdf) (120.06 KB, September 29, 2022)
  • Petition from AFPM and other parties (pdf) (284.48 KB, October 14, 2022)
  • Petition from HF Sinclair (pdf) (1.18 MB, October 17 , 2022)
  • Petition from Magellan (2023) (pdf) (216.75 KB, August 18, 2023)
  • Petition from Kevin Stitt, Governor of Oklahoma (pdf) (37.72 KB, August 25, 2023)
  • Petition from API (pdf) (522.27 KB, September 29, 2023)
  • Petition from AFPM (pdf) (198.28 KB, September 29, 2023)
  • Petition from Sarah Huckabee Sanders, Governor of Arkansas (pdf) (707.54 KB, October 9, 2023)
  • Petition from Superior Refining (pdf) (832.72 KB, October 13, 2023)
  • Petition from Phillips 66 (pdf) (1.69 MB, October 18, 2023)
  • Petition from CountryMark (pdf) (1.6 MB, October 25, 2023)
  • Petition from Yesway (pdf) (195.19 KB, November 1, 2023)
  • Petition from HF Sinclair (pdf) (505.09 KB, November 15, 2023)