Current Regulations: Federal RFG is required throughout the state, summer and winter.
The DE Motor Fuel Tax Administration issued Policy Directive #2005-1 stating that diesel is not required to meet ASTM D 975-04b until January 1, 2006.
In a letter dated 10/31/12, EPA issued a waiver to allow conventional gasoline and to relax commingling restrictions through 11/20/12 because of Hurricane Sandy.
On 11/10/12, DE Division of Motor Vehicles waived RVP specifications, provided the base gasoline used in ethanol-gasoline blends
meets the RVP and volatility specifications in ASTM D 4814, effective through 12/20/12.
Distillate fuel oil will have a maximum 15 ppm sulfur content regulation by 7/1/16 per Secretary of Dept. of Natural Resources and Environmental Control Order No. 2013-A-0021 (June 12, 2013); this revises 7 DE Admin. Code 1108.
In a letter dated 9/16/16, EPA waived the federal RFG requirement until 10/6/16.
In a letter dated 11/3/16, EPA waived the federal RFG requirement through 11/23/16.
In a multi-state letter dated 8/31/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA waived RFG requirements and allowed 11.5 psi RVP gasoline throughout the state through September 15. In a multi-state letter dated 9/7/17, EPA extended the RFG waiver through September 26.
Legislature: HB 613, amended and passed by the House on 6/27/02, would ban MTBE in gasoline effective 1/1/06.
Introduced in May 2003, HB 180 would ban MTBE effective six months after enactment. Introduced in June 2003, HB 249 would ban MTBE effective June 1, 2006; a de minimis cap of 0.5 vol% MTBE would apply; this was passed by the House on June 8, 2004.
Introduced in June 2004, SB 308 would require at least 2 vol% biodiesel (a B-2 blend) in all diesel fuel effective 1/1/06. S.B. 321, introduced in June 2004, would require at least 2 vol% biodiesel (a B-2 blend) in all diesel fuel effective January 1, 2006; this was passed by the Senate on June 15, 2004.
HB 105, introduced in April 2005, would ban MTBE and other ethers (i.e. ETBE), greater than 0.5 vol%, in gasoline; as amended and passed by the House on 5/31/05, the ban would be effective on 1/1/08. Introduced in May 2005, SB 132 would require that all diesel fuel contain at least 2 vol% biodiesel, effective 1/1/07; this passed the Senate on 6/28/05.
Proposed State Actions: The Secretary of the DE Department of Natural Resources and Environmental Control and representatives of ten other states signed a Letter of Intent, dated 12/31/08, to analyze low carbon fuel supply options and develop a framework for a regional Low Carbon Fuel Standard in the Northeast/Mid-Atlantic region. Governor Markell and governors of 10 NE/MA states signed a Memorandum of Understanding dated 12/30/09 for the development of a regional LCFS.
Last updated September 2017