Virginia

Current Regulations: Federal RFG is required in three former 1 hour ozone nonattainment areas (Richmond, Norfolk - Virginia Beach - Newport News, and suburbs of D.C.), summer and winter.

In a letter dated 9/22/03, EPA granted enforcement discretion for conventional gasoline distribution and retail sales in two RFG covered areas (Richmond and Norfolk-Virginia Beach-Newport News) because of supply impacts from Hurricane Isabel. This expired at midnight on September 30 for distributors. However, retailers could continue to sell conventional gasoline after September 30 if they received it before midnight on September 30.

EPA waived the federal RFG requirement temporarily in Richmond, effective 9/2/05 through 10/20/05, to allow the use of conventional gasoline because of supply disruptions caused by Hurricanes Katrina and Rita; see letters dated 9/2/05, 9/9/05, 9/22/05, and 9/27/05.

In a letter dated 9/12/08, EPA waived the RFG requirements as a result of disruptions caused by Hurricanes Gustav and Ike through 9/26/08; this was extended through 11:59 PM on 10/7/08 in a letter dated 9/18/08.

In a letter dated 10/31/12, EPA issued a waiver to allow conventional gasoline in RFG areas and to relax commingling restrictions through 11/20/12 because of Hurricane Sandy.

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 requirements through 11/23/16.

Signed by the Governor on 2/29/16 (Chapter 54 of the 2016 Acts of Assembly), SB 557 directs the VA Dept. of Environmental Protection to seek a waiver from U.S. EPA so that a marina in a RFG area, that only sells the marine recreational or commercial trade, be allowed to sell ethanol-free conventional gasoline. 

In a multi-state letter dated 8/30/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA waived the RFG requirements and allowed 11.5 psi RVP gasoline throughout the state through September 15.  This was affirmed in another multi-state waiver dated 8/31/17. In a multi-state letter dated 9/7/17, EPA extended the RFG waiver through September 26. 

Gasoline and diesel specifications are listed at 2VAC5-420-30.

Legislature: HB 694, introduced in January 2004, would require all diesel used in internal combustion engines to contain at least 2 vol% biodiesel after June 30, 2006 and after annual biodiesel production capacity in Virginia exceeds 5 million gallons.

Both introduced in January 2009, HB 2157 and SB 1146 would require at least 2 vol% biodiesel in on-road diesel by 1/1/11. SB 1146 was amended to only require 2 vol% biodiesel or green diesel fuel for government purchases unless the cost of biodiesel or green diesel fuel exceeds that of conventional diesel by at least 5% and was passed by the Senate on 2/10/09; the Governor may increase this biodiesel or green diesel fuel requirement up to 20 vol% based on a finding of sufficient availability of biodiesel or green diesel fuel (produced from renewable resources and meeting applicable ASTM specifications). 

Last updated September 2017