NACS Urges States to Accommodate EPA Emergency Fuel Waiver

NACS today, along with NATSO, Representing America’s Travel Centers and Truck Stops; and SIGMA: America’s Leading Fuel Marketers; sent a letter urging state regulators to coordinate their enforcement of state laws to align with the recent EPA emergency fuel waiver. NACS has also published a summary of the federal waiver provisions for fuel retailers.

In most areas of the country, the EPA waiver will allow the lawful sale of both E10 and E15 at a uniform Reid vapor pressure (RVP) of 10.0 psi, beginning May 1 at wholesale and June 1 at retail. However, these waivers will need to be renewed frequently at the federal level in order to last the full season, and some areas will require additional action at the state level to accommodate the federal waiver. EPA will need to renew its waiver every 20 days, which has been its practice in recent years.

NACS urged regulators to harmonize fuel specification requirements with the EPA waiver to homogenize the gasoline pool throughout the United States and unlock additional efficiencies that could help impose downward pressure on retail fuel prices.

The letter stated:

“NACS, NATSO and SIGMA join EPA in strongly encouraging states to waive state-specific fuel specifications as soon as possible in order to allow the production and distribution of a single national gasoline pool. Several states have already begun taking action to temporarily waive state fuel standards. In order for EPA’s recent waivers to materialize throughout the country in time for summer driving season, [states] must follow suit and issue complementary waivers or excise enforcement discretion with respect to state-level fuel standards. This should be done as soon as possible in order to allow fuel producers and the broader supply chain to adjust as expeditiously and efficiently as possible.”