ESEA
As previously reported, EPA has extended its national fuel waiver, providing additional flexibility for gasoline marketers and distributors in response to ongoing supply concerns. The waiver allows continued E15 sales, reinstates the 1 psi RVP allowance for eligible ethanol blends, provides temporary relief from certain federal RVP and boutique fuel requirements, and permits an earlier transition to winter gasoline beginning September 1.
However, EPA has made clear that states retain discretion over enforcement of their own fuel requirements.
For New York marketers, that distinction is important.
The New York State Department of Environmental Conservation has advised ESEA that Subpart 225-3 remains in effect, which prohibits the sale and supply of gasoline with an RVP greater than 9.0 psi from May 1 through September 15.
DEC has reviewed EPA’s waiver and, in coordination with NYSERDA and the New York State Department of Agriculture and Markets, is continuing to monitor regional fuel supply conditions. At this time, New York has not issued state-level enforcement discretion that would allow marketers to rely on the federal waiver for gasoline that does not meet New York’s RVP requirements.
Accordingly, members should continue to comply with New York’s existing state requirements unless and until DEC announces otherwise.
ESEA will remain in contact with DEC and will keep members apprised of any additional guidance or changes. Members experiencing supply concerns or other issues related to gasoline availability should contact ESEA so that we can share that information with the Department.
