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B-336087 Mar 15, 2024 1 (2024-03-15)

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                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548

B-336087

March 15, 2024

The Honorable Thomas  R. Carper
Chairman
The Honorable Shelley Moore Capito
Ranking Member
Committee on Environment and Public Works
United States Senate

The Honorable Cathy McMorris Rodgers
Chair
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House  of Representatives

Subject: Environmental Protection Agency: Request from States for Removal of Gasoline
         Volatility Waiver

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major
rule promulgated by the Environmental Protection Agency (EPA) entitled Request from States
for Removal of Gasoline Volatility Waiver (RIN: 2060-AV73). We received the rule on
February 27, 2024. It was published in the Federal Register as a final rule on February 29,
2024. 89 Fed. Reg. 14760. The effective date is April 29, 2024.

According to EPA, the final rule removes the 1-pound per square inch (psi) waiver in certain
states that petitioned EPA to do so effective April 28, 2025. EPA stated the final rule also
finalizes regulatory amendments to implement the removal of the 1-psi waiver for E10 in the
petitioning states, as well as a regulatory process by which a state may request to reinstate the
1-psi waiver. Finally, consistent with a decision issued by the United States Court of Appeals
for the D.C. Circuit on July 2, 2021, EPA stated the final rule removes regulations that extended
the 1-psi waiver to gasoline-ethanol blends between 10 and 15 percent ethanol (E15).

Enclosed is our assessment of EPA's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to
the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at
(202) 512-6398.






Shirley A. Jones
Managing  Associate General Counsel

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