Proposed Rule in Response to Request From States for Removal of Gasoline Volatility Waiver
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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 (pdf)
- Petition from API (pdf)
- Petition from Flint Hills Resources (pdf)
- Petition from Phillips 66 (pdf)
- Petition from AFPM and other parties (pdf)
- Petition from HF Sinclair (pdf)
- Petition from Magellan (pdf)
- Petition from Kevin Stitt, Governor of Oklahoma (pdf)
- Petition from API (pdf)
- Petition from AFPM (pdf)
- Petition from Sarah Huckabee Sanders, Governor of Arkansas (pdf)
- Petition from Superior Refining (pdf)
- Petition from Phillips 66 (pdf)
- Petition from CountryMark (pdf)
- Petition from Yesway (pdf)
- Petition from HF Sinclair (pdf)