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 and August 25, 2026, TCEQ issued a memorandum to allow staff to exercise enforcement discretion for the distribution and sale of gasoline in accordance with the national waiver.
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).
EPA renewed the National Fuel Waiver. Read more about the federal waiver, plus the original waiver and extension letters from EPA to state governors.
Read TCEQ’s Staff Memorandum April 1, 2026.
Read TCEQ’s Staff Memorandum August 25, 2026.
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.