Notice2026-02229
Notice of Reinstatement of the Gasoline Volatility Waiver for Ohio
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 4, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is announcing its approval of the request from Ohio to reinstate the 1-psi (pound per square inch) volatility waiver within the state.
Full Text
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<title>Federal Register, Volume 91 Issue 23 (Wednesday, February 4, 2026)</title>
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[Federal Register Volume 91, Number 23 (Wednesday, February 4, 2026)]
[Notices]
[Pages 5108-5109]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02229]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-13129-01-OAR]
Notice of Reinstatement of the Gasoline Volatility Waiver for
Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
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SUMMARY: The Environmental Protection Agency (EPA) is announcing its
approval of the request from Ohio to reinstate the 1-psi (pound per
square inch) volatility waiver within the state.
DATES: February 4, 2026.
FOR FURTHER INFORMATION CONTACT: For information about this notice,
contact Lauren Michaels, Office of Transportation and Air Quality,
Environmental Protection Agency, 2000 Traverwood Dr., Ann Arbor, MI
48105; telephone number: (734) 214-4640; email address:
<a href="/cdn-cgi/l/email-protection#e5888c868d84808996cb89849097808ba5809584cb828a93"><span class="__cf_email__" data-cfemail="d0bdb9b3b8b1b5bca3febcb1a5a2b5be90b5a0b1feb7bfa6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The EPA is announcing its approval of a
request from the Governor of Ohio to reinstate the 1-psi waiver for
gasoline-ethanol blends containing 10 percent ethanol (E10). The
Governor made this request pursuant to 40 CFR 1090.297.
This request comes after a series of requests and actions relating
to gasoline volatility regulations in Ohio over the past four years. On
June 10, 2022, the Governor of Ohio requested, pursuant to CAA section
211(h)(5), the removal of the 1-psi gasoline volatility waiver that
would otherwise apply to E10 in the summer season.\1\ This waiver
allows the Reid Vapor Pressure (RVP) of E10 to be 1-psi higher than
otherwise allowed for gasoline that does not contain 10 percent
ethanol. EPA granted the request on February 29, 2024 and, at the same
time, promulgated regulations removing the 1-psi waiver in Ohio
beginning April 28, 2025.\2\
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\1\ Request from Ohio Governor Mike DeWine (June 10, 2022).
\2\ 89 FR 14746 (February 29, 2024).
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In January 2025, the Governor of Ohio petitioned for further delay
of the effective date of the removal of the 1-psi waiver.\3\ The EPA
effectuated that change on March 20, 2025, delaying the effective date
until April 28, 2026.\4\
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\3\ Petition from Ohio Governor Mike DeWine (January 24, 2025).
\4\ 90 FR 13093 (March 20, 2025).
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On October 31, 2025, the Governor of Ohio requested that the EPA
reinstate the 1-psi waiver for E10.\5\ After review of the submission,
the EPA is reinstating the 1-psi waiver for the state of Ohio. The
effective date of the reinstatement of the 1-psi waiver is 90 days
after the EPA's written notification to the state approving the
reinstatement request.\6\ EPA notified Ohio of its approval on January
28, 2026. Therefore, the effective date of the reinstatement of the 1-
psi waiver in Ohio is April 28, 2026. This means that gasoline sold in
Ohio that contains 10 percent ethanol can have a finished fuel
volatility of 10.0 psi in the summer months. Reinstatement of the 1-psi
waiver in Ohio eliminates the need for refiners and distributors to
provide a different gasoline blendstock for use in Ohio in the summer
months as compared to other surrounding states. Reinstatement of the 1-
psi waiver in Ohio does not impact the regulatory
[[Page 5109]]
requirements for other Midwest states that limit the volatility of E10
in those states, as provided in 40 CFR 1090.215(b)(3).
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\5\ Letter from Ohio Governor Mike DeWine (October 31, 2025).
\6\ 40 CFR 1090.297(c)(1).
Aaron Szabo,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2026-02229 Filed 2-3-26; 8:45 am]
BILLING CODE 6560-50-P
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