URGENT REGULATORY UPDATE: State Enforcement Discretion Post EPA National Fuel Waiver
Cesar Rodriguez
To Suppliers, Pipeline companies, and Terminals:
In response to numerous inquiries from the regulated community regarding the impact of the national fuel waiver issued on March 25, 2026, the Arizona Department of Agriculture, Office of Weights and Measures (OWM) is providing this formal update to clarify state-level enforcement following the expiration of the federal EPA waiver.
To proactively address the regulated community's concerns following the federal EPA waiver, OWM is implementing an official enforcement discretion directive for the period following this waiver. This action ensures that Arizona consumers have access to an adequate gasoline supply by aligning state enforcement with the federal EPA waiver.
To allow fuel storage and terminal facilities sufficient time to return to normal operating procedures, this state-level enforcement discretion will remain in effect for 45 days following the expiration of the federal EPA waiver expires. If necessary, this 45 day period may be extended to help the industry return to normal operating procedures.
Despite this transition to conventional fuel, OWM maintains its oversight of the state’s fuel pool. All registered suppliers must continue reporting all batches intended for use within the Arizona CBG Covered Area, regardless of formulation types.
Please carefully review the attached formal directive for specific statutory citations and operational details. We appreciate the proactive communication from our industry partners as we work to navigate these supply challenges
