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Regulatory Alert: EPA Issues National Fuel Waiver, Allows Early Transition to Winter Gasoline

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Regulatory Alert: EPA Issues National Fuel Waiver, Allows Early Transition to Winter Gasoline

August 21, 2026

EPA Issues National Fuel Waiver, Allows Early Transition to Winter Gasoline


The U.S. Environmental Protection Agency (EPA) issued a temporary national fuel waiver intended to increase supplies and provide additional flexibility in the gasoline supply chain amid continued global supply concerns and reduced U.S. refining capacity. Most importantly for Texas marketers, the waiver allows the transition to wintertime gasoline to begin on September 1, rather than September 16. EPA is waiving the applicable federal volatility limits through September 15 to permit the earlier transition.

The waiver also:

  • Allows gasoline with 9 to 15 percent ethanol at a common 10 psi RVP standard from August 29 through August 31.
  • Continues flexibility for E15 and reinstates the 1 psi RVP allowance for ethanol blends where it had previously been removed.
  • Extends the waiver of federal enforcement of certain state boutique fuel requirements.
  • Provides additional flexibility intended to increase the pool of available gasoline and reduce the risk of supply disruptions.

EPA cited continued Middle East supply disruptions, gasoline inventories below the five year average, reduced U.S. refining capacity, and refinery utilization of 96.2 percent as factors supporting the action. TFFA will continue monitoring implementation of the waiver and any related action at the state level and will keep members informed of additional developments.

For more information, please contact:
Jessica Escobar, VP & Counsel of Regulatory Compliance,
at 512.617.4304 / jescobar@tffa.com

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