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News Releases from HeadquartersEnforcement and Compliance Assurance (OECA)

EPA Approves Emergency Fuel Waiver for Florida

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WASHINGTON (August 30, 2019) — In response to Hurricane Dorian, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler today approved emergency fuel waver requests made on behalf of Florida Governor Ron DeSantis.

EPA has waived the federal Reid vapor pressure requirements for fuel sold in Florida to minimize problems with the supply of gasoline. EPA has also waived the prohibition on the blending of reformulated gasoline blendstock for oxygenated blending with other gasoline blendstock or oxygenate in Florida. In a separate waiver, EPA has waived the prohibition of using dyed Non-Road Locomotive and Marine (NRLM) diesel fuel in motor vehicle diesel engines. EPA will allow the sale, distribution and use of red dyed NRLM diesel fuel in the State of Florida for use in highway diesel vehicles, but the diesel fuel must meet the 15 ppm sulfur standard set forth at 40 C.F.R. § 80.520. These waivers will continue through September 15, 2019.

The Clean Air Act allows EPA Administrator Andrew Wheeler, in consultation with Energy Secretary Rick Perry, to waive certain fuel requirements to address shortages caused by the Hurricane. Administrator Wheeler quickly determined that extreme and unusual fuel supply circumstances exist in portions of Florida as a result of the approaching hurricane and has granted temporary waivers to help ensure that an adequate supply of gasoline and diesel is available in the affected areas until normal supply to the region can be restored.  

As required by law, EPA and the Department of Energy (DOE) evaluated the situation and determined that granting a short-term waiver was consistent with the public interest.  EPA and DOE are continuing to actively monitor the fuel supply situation resulting from Hurricane Dorian and will act expeditiously if extreme and unusual supply circumstances exist in other areas.

To mitigate any impacts on air quality, the Clean Air Act provides criteria for when fuels waivers may be granted and requires that waivers be limited as much as possible in terms of their geographic scope and duration.

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