ESEA
On March 25, EPA issued an emergency fuel waiver to establish a temporary national gasoline pool, allowing both E10 and E15 to be sold at a uniform 10.0 psi RVP during the summer driving season. This action is intended to improve fuel supply flexibility and help stabilize prices.
However, a critical compliance issue remains at the state level.
While the EPA waiver temporarily suspends federal enforcement of boutique fuel requirements, it does not automatically waive state-level requirements. As a result, states retain the authority to enforce their own fuel standards.
Key Issue for New York:
New York maintains its own SIP-approved boutique fuel and RVP requirements. This means:
- The EPA waiver alone may not be sufficient to ensure compliance in New York
- State action (waiver or enforcement discretion) may be required
- Without such action, there may be compliance risk for marketers
ESEA is currently:
- Communicating with NYS DEC and other relevant state agencies
- Seeking clarity on New York’s enforcement posture
- Advocating for alignment with EPA’s action to ensure uniformity and to avoid supply disruptions
What Members Should Do Now:
- Do not assume the federal waiver automatically applies in New York
- Monitor ESEA and state communications closely
- Evaluate operational and compliance considerations before making any fuel changes
We will continue to keep you informed as additional guidance becomes available.
Additional Resource:
EMA has provided a detailed legal analysis of the waiver, including key compliance considerations for fuel marketers: Click here to read memo.
If you have questions, please do not hesitate to contact us at kdelair@eseany.org or (518) 280-6645.
