ESEA
NYS DEC has issued guidance regarding EPA’s recent emergency fuel waivers—and at this time, New York will maintain its existing summer gasoline requirements.
As background, EPA issued temporary waivers on March 25 and April 13 to create a national gasoline pool, allowing gasoline with up to 10.0 psi RVP and higher ethanol blends (E10–E15) to be sold during the summer driving season.
However, DEC has confirmed the following:
New York Will Maintain Existing Summer Fuel Standards
- New York’s summer gasoline (low-RVP) requirements remain in effect at 9.0 psi
- This requirement applies May 1 through September 15
- DEC will not exercise enforcement discretion at this time
DEC Rationale
- Current fuel inventories in the region are above average
- No near-term supply concerns have been identified
- DEC will continue monitoring conditions with state and regional partners
What This Means for Members
- The federal waiver does NOT apply in New York
- Members must continue complying with New York’s summer gasoline requirements
- Selling or supplying fuel above 9.0 psi in NY may result in enforcement action
What to Expect Going Forward
- EPA is expected to renew waivers throughout the summer
- DEC will continue to evaluate conditions
- The state may reconsider its position if supply conditions change
ESEA remains actively engaged with state agencies and will continue to monitor developments and keep members informed.
