EPA Waves Rules on Gasoline Products

Aug 30 - EPA Administrator Stephen L. Johnson has determined that the impact of Hurricane Katrina created an “extreme and unusual fuel supply circumstance” in Alabama, Florida, Louisiana and Mississippi. The situation will prevent the distribution of an adequate supply of fuel to consumers that is compliant with the Clean Air Act. This is “a natural disaster, that could not reasonably have been foreseen or prevented and not attributable to a lack of prudent planning on the part of the suppliers of the fuel to these affected States,” according to a fuel waiver granted to the states by the EPA today.

Under the Clean Air Act, EPA will temporarily allow all parties in the fuel distribution system, including refiners, importers, distributors, carriers and retail outlets (regulated parties) to supply gasoline meeting a Reid Vapor Pressure (RVP) standard of 9.0 psi in areas of the affected states where a lower RVP is required.

Further, because of the expected shortage of motor vehicle diesel fuel meeting the 500 parts per million (ppm) sulfur standard, EPA will temporarily allow regulated parties to supply motor vehicle diesel fuel to affected states having a sulfur content greater than 500 ppm.

This waiver is effective immediately and will continue through the remainder of the high-ozone period, through Sept. 15, 2005. However, retail outlets or wholesale purchaser-consumers that receive motor vehicle diesel fuel having a sulfur content greater than 500 ppm, under the terms of this waiver may continue selling or dispensing this fuel after Sept. 15, 2005, until their supplies are depleted.

They have now revised this action to apply to all 50 states. Good common sense move. Look for substantial breast beating from the environmental crowd.