TDLR Notice Regarding Enforcement Discretion on RVP Requirements

On August 20, 2026, the U.S. Environmental Protection Agency (EPA) waived certain federal requirements for gasoline and gasoline blended with ethanol. The waiver renews and extends prior waivers addressing unusual fuel supply circumstances.

From August 29 through August 31, 2026, the EPA waiver allows 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. Beginning September 1, 2026, the EPA waiver permits the higher RVP limits ordinarily applicable starting September 16 to take effect early. This allows an early transition to higher-volatility gasoline commonly referred to as winter gasoline.

TDLR regulates motor fuel quality, labeling, and measurement under Texas Occupations Code Chapter 2310 and 16 Texas Administrative Code Chapter 97, including the adoption of ASTM D4814 as the applicable standard for automotive gasoline. Texas Occupations Code Chapter 2310 also governs the vapor pressure tolerance of gasoline-ethanol blends and prohibits the retail sale of new stocks of a higher volatility classification before the effective date of that classification.

During the period specified by the EPA waiver issued August 20, 2026, and any subsequent renewal periods, TDLR will exercise enforcement discretion with respect to RVP requirements administered by TDLR under Texas Occupations Code §2310.2031 and 16 Texas Administrative Code §97.3 as they relate to RVP specifications for gasoline and gasoline-ethanol blends. This will allow:

• The sale and distribution of gasoline with an RVP of up to 9 psi, or 10 psi when blended with 9 to 15 percent ethanol from August 29 through August 31, 2026.
• The sale and distribution of gasoline with an RVP of up to 10 psi, or 11 psi when blended with 9 to 15 percent ethanol from September 1 through the expiration of the applicable federal waiver.

This exercise of enforcement discretion is limited solely to RVP related requirements and does not extend to other applicable fuel quality, labeling, or measurement standards under Texas law or TDLR rules. Additionally, this memorandum does not modify or waive the requirements administered and enforced by the Texas Commission on Environmental Quality or any other state or local government entity. This memorandum supersedes the TDLR memorandum dated April 14, 2026. Following the expiration of the EPA waiver, TDLR will continue to exercise enforcement discretion for a period of 45 days to allow suppliers time to readjust.

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