3 V.S.A. App. ch. 10, § Executive Order No. 10-52: 10-52 (No. 03-26) [Gasoline Volatility Requirements in Vermont]

WHEREAS, on March 25, 2026, the U.S. Environmental Protection Agency (EPA) issued a temporary waiver of federal fuel volatility requirements for gasoline under the Clean Air Act Section 211(c)(4)(C)(ii)(I). EPA’s action allows the production and distribution of gasoline with 9 to 15 percent ethanol content at a common Reid vapor pressure (RVP) standard of 10 pounds per square inch (PSI); and

WHEREAS, on April 13, 2026, EPA clarified and extended this waiver by 20 days and, on April 30, 2026, extended the waiver an additional 20 days, effective May 1 and continuing 60 days; and

WHEREAS, EPA indicated the waiver is necessary to address “extreme and unusual fuel circumstances caused by, among other things, global issues in the Middle East.” EPA stated that “[i]t is EPA’s intention to issue new waivers effectively extending (renewing) these waivers until such time as the extreme and unusual fuel supply circumstances described in this action are no longer present;” and

WHEREAS, EPA’s waiver only applies to federal fuel volatility requirements. States retain discretion to waive or maintain enforcement of state fuel volatility requirements given the specific circumstances faced in each state; and

WHEREAS, Vermont Air Pollution Control Regulation (APCR) §5-253.6(a) limits the RVP of gasoline sold or supplied in Vermont to 9.0 PSI May 1 through September 15 of each year. The purpose of this regulation is to require low volatility gasoline during the summer months to limit the formation of ozone pollution; and

WHEREAS, EPA’s waivers have caused some gasoline suppliers in Maine, Massachusetts, New Hampshire, and Rhode Island to transition to gasoline that has a RVP of greater than 9.0 PSI. Maine, Massachusetts, and New Hampshire supply gasoline to Vermont; and

WHEREAS, generally, the ability of fuel suppliers to provide a common fuel stock across a region helps to mitigate price variability and minimize the risk of supply disruptions; and

WHEREAS, this is an evolving situation that is causing rapid changes to fuel market dynamics.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, by the Constitution of the State of Vermont, Chapter II, Section 20, and other laws IT IS HEREBY ORDERED:

To maintain consistency with EPA’s waivers and minimize the risk of disruption of the gasoline supply sufficient to meet the demand in Vermont, the Secretary of the Agency of Natural Resources (ANR) shall utilize compliance flexibility and exercise enforcement discretion for APCR §5-253.6(a) to allow bulk gasoline terminals and bulk gasoline plants in Vermont to sell or supply gasoline with an RVP of 10.0 PSI for gasoline with a 10 percent ethanol content (“E10”). APCR §§5-253.6(b)–(d) shall remain in effect.

This Executive Order shall take effect upon signing and shall continue in full force and effect so long as EPA has extended the temporary federal waiver under Clean Air Act Section 211(c)(4)(C)(ii)(I) but no later than September 15, 2026; or until the Governor, in consultation with the Secretary of ANR, shall assess and determine whether to amend or rescind this Order

Dated May 12, 2026.