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

Final Rule in Response to Request From States for Removal of Gasoline Volatility Waiver
Basic Information
Federal Register Citations
  • 40 CFR Part 1090
Code of Federal Regulations Citations
  • 40 CFR Part 1090
Docket Numbers
  • EPA-HQ-OAR-2022-0513

On this page:

  • Rule Summary
  • Additional Resources

Rule Summary

The Environmental Protection Agency 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 EPA shall remove the 1-psi waiver via regulation upon demonstration that the 1-psi waiver increases emissions in their state. After review of the emissions modeling results presented by the governors in their requests, EPA is removing 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. This action delays the effective date to April 28, 2025, due to concerns over insufficient fuel supply with an earlier effective date, consistent with statutory provisions. This action also establishes a regulatory process by which a state may request to reinstate the 1-psi waiver.

Additional Resources

  • Final Rule: Request From States for Removal of Gasoline Volatility Waiver (pdf) (415 KB, February 29, 2024)
  • Technical Support Document and Cost Analysis (pdf) (1.2 MB, February 2024, EPA-420-R-24-002)
  • Response to Comments Document (pdf) (249 KB, February 2024, EPA-420-R-24-003)
  • Proposed Rule
  • Petitions to Delay Implementation
    • Petition from CountryMark (pdf) (188.03 KB, October 25, 2024)
    • Petition from AFPM (pdf) (1.56 MB, November 7, 2024)
    • Petition from API (pdf) (584.26 KB, November 8, 2024)
    • Petition from Ohio Governor Mike DeWine (pdf) (164.03 KB, January 24, 2025)
    • Petition from Kansas Governor Laura Kelly (pdf) (690.64 KB, February 5, 2025)
    • Petition from South Dakota Governor Larry Rhoden (pdf) (552.28 KB, February 25, 2025)

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Last updated on March 11, 2025
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