Enforcement Discretion: Temporary Waiver of Low Reid Vapor Pressure Fuel Requirements

In response to the National Fuel Waiver, and to support the effectiveness of a single gasoline pool, on April 1, 2026, TCEQ issued a memorandum to allow staff to exercise enforcement discretion for the distribution and sale of gasoline with a Reid Vapor Pressure (RVP) of up to 9.0 psi, or 10.0 psi when blended with 9 to 15 percent ethanol.

What is the National Waiver?

On March 25, 2026, U.S. Environmental Protection Agency (EPA) issued a temporary waiver under the Clean Air Act waiving the requirements in Title 40, Code of Federal Regulations (40 CFR), Section 1090.215, which included a waiver of federal enforcement of applicable state rules (National Fuel Waiver).

This action allows for the production and distribution of a single national gasoline pool with 9 to 15 percent ethanol content at a common RVP standard of 10 psi from May 1, 2026, to May 20, 2026. The temporary expansion of the nationwide ethanol blending limits enables all aspects of the supply chain to facilitate the production, transport, and delivery of a single national gasoline pool.

Read the letter from EPA to state governors (March 25, 2026).

Read the letter from EPA to state governors extending the National Fuel Waiver (April 13, 2026).

Read the letter from EPA to state governors renewing the National Fuel Waiver (April 30, 2026).

What is included in TCEQ’s enforcement discretion related to low RVP fuel?

Enforcement discretion is provided for the Texas Regional Low RVP Gasoline Program in Title 30 Texas Administrative Code (30 TAC) Section 114.301 to support the National Fuel Waiver and contribute to the effectiveness of a single gasoline pool. This will allow any person who sells, offers for sale, supplies, offers for supply, dispenses, transfers, allows the transfer, places, stores, or holds in any stationary tank, reservoir, or other container gasoline with an RVP greater than 7.8 psi, on a per gallon basis, in the Affected Counties (detailed below) effective immediately, continuing while the National Fuel Waiver remains effective, and until TCEQ posts notice that enforcement discretion will no longer be available.

Enforcement discretion is also provided for the El Paso Low RVP Program in 30 TAC Section 115.252 to support the National Fuel Waiver and contribute to the effectiveness of a single gasoline pool. This will allow any person who places, stores, holds in any stationary tank, reservoir, or other container, transfers, or allows the transfer of gasoline which may ultimately be used in a motor vehicle in the El Paso area with an RVP greater than 7.0 psi effective immediately, continuing while the National Fuel Waiver remains effective, and until TCEQ posts notice that enforcement discretion will no longer be available.

Enforcement discretion is also provided for the handling of gasoline with an RVP of up to 9.0 psi, or 10.0 psi when blended with 9 to 15 percent ethanol, that does not meet the requirements in Texas Regional Low RVP Gasoline Program and/or the El Paso Low RVP Program effective immediately, continuing while the National Fuel Waiver remains effective, and until TCEQ posts notice that enforcement discretion will no longer be available.

Enforcement discretion is also provided for the production, transportation, and delivery of a single national gasoline pool with 9 to 15 percent ethanol content at a common RVP, consistent with and in support of the effective National Fuel Waiver, that may not meet special conditions in TCEQ-issued authorizations. Such discretion is available immediately, continuing while the National Fuel Waiver remains effective, and until TCEQ posts notice that enforcement discretion will no longer be available.

Read TCEQ’s Staff Memorandum.

Which counties are covered by the Texas Regional Low RVP Gasoline Program?

Eighty-nine affected counties are included in the Texas Regional Low RVP Gasoline Program. Below are the counties affected:

Anderson
Angelina
Aransas
Atascosa
Austin
Bastrop
Bee
Bell
Bexar
Bosque
Bowie
Brazos
Burleson
Caldwell
Calhoun
Camp
Cass
Cherokee
Colorado
Comal
Cooke
Coryell
De Witt
Delta
Falls
Fannin
Fayette
Franklin
Freestone
Goliad
Gonzales
Grayson
Gregg
Grimes
Guadalupe
Harrison
Hays
Henderson
Hill
Hood
Hopkins
Houston
Hunt
Jackson
Jasper
Karnes
Lamar
Lavaca
Lee
Leon
Limestone
Live Oak
Madison
Marion
Matagorda
McLennan
Milam
Morris
Nacogdoches
Navarro
Newton
Nueces
Panola
Polk
Rains
Red River
Refugio
Robertson
Rusk
Sabine
San Augustine
San Jacinto
San Patricio
Shelby
Smith
Somervell
Titus
Travis
Trinity
Tyler
Upshur
Van Zandt
Victoria
Walker
Washington
Wharton
Williamson
Wilson
Wood

Map of Texas entitled 40 CFR Part 1090, Subpart C, Controls and Prohibitions on Gasoline Volatility Federal Reid Vapor Pressure (RVP). Map is dated April 6, 2026. Affected counties shown on the map are listed above this image. — This map shows the 89 Texas counties covered by the Texas Regional Low RVP Gasoline Program.

What is the duration of TCEQ enforcement discretion related to low RVP fuel?

TCEQ enforcement discretion is currently available, continuing for the duration of the National Fuel Waiver, including any new waivers issued to effectively extend the period. TCEQ will provide further notice identifying when enforcement discretion will no longer be available.

Are reporting and record keeping requirements still in effect during the enforcement discretion period?

Yes. Recordkeeping and reporting requirements have not been waived. In addition, TCEQ may ask for additional information to support enforcement discretion.

How does a facility request enforcement discretion?

Enforcement discretion is provided for in the TCEQ memorandum and applies to 30 TAC Section 114.301 and Section 115.252.

Enforcement discretion is also provided for special conditions found in Texas authorizations that support the National Fuel Waiver and are related to the production, transportation, and delivery of a single national gasoline pool with 9 to 15 percent ethanol content at a common RVP.

A regulated entity may, but is not required to, request confirmation of this enforcement discretion for specific violations by submitting a request to OCERequest@tceq.texas.gov.

Where can I read more about the TCEQ’s Motor Vehicle Fuel Programs?

Find additional information on our webpage: Motor Vehicle Fuel Programs in Texas.