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EPA Waives Emissions Rules to Speed Gasoline to Market

EPA Waives Emissions Rules to Speed Gasoline to Market

As a result of the continuing impacts on Gulf Coast-area refineries and disruption to the fuel distribution system caused by Hurricane Harvey and the effects of large-scale evacuations in response to Hurricane Irma, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt today exercised EPA’s emergency fuel waiver authority to help ensure an adequate supply of fuel throughout the country.

EPA has waived requirements for reformulated gasoline through September 26 and low volatility conventional gasoline through September 15 in the following states and the District of Columbia: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, Delaware, Maryland, New Jersey, New York, Pennsylvania, Florida, Georgia, North Carolina, South Carolina, Virginia, West Virginia, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Wisconsin, Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Texas, and the District of Columbia. Today’s waiver supersedes the waiver issued on August 31.

View the EPA Waiver (PDF)
View the TCEQ Letter (PDF)


Texas Low Volatility SIP
Effective Immediately: The extension of the waiver applies to the 7.8 pounds per square inch (psi) RVP standards in the areas covered by the Texas low-volatility gasoline programs in the federally-enforceable SIP.  The Texas SIP includes two different programs. 

First, the SIP requires gasoline to be sold in the 95 eastern Texas counties to have a maximum RVP of 7.8 psi during the summer “high ozone season, which starts June 1, 2017 and ends October 1, 2017. 

The 95 Texas counties included are: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood.

Second, the Texas SIP requires gasoline sold in El Paso County to have a maximum RVP of 7.0 psi through September 16, 2017.  A waiver has been issued of the low RVP gasoline requirements that apply to the federally enforceable Texas low-volatility gasoline programs.  Under this temporary waiver, regulated parties may produce, sell or distribute winder gasoline within the state of Texas.

The waiver of low RVP requirements in the Texas SIP that apply to El Paso County will continue through September 16, 2017.

The waiver of the low RVP requirements in the Texas SIP that apply to Eastern Texas SIP Counties will continue through September 26, 2017.  After September 26, 2017, refiners and importers may not produce of import gasoline that does not meet the Texas SIP requirements for distribution into Eastern Texas SIP RVP Counties; however, any existing gasoline that is in the distribution system on September 26, 2017, may be distributed and sold until the supply is depleted.  Gasoline that is in the possession of parties in the fuel distribution system other than retailers and wholesale purchaser-consumers must meet the low RVP requirements of the Texas SIP by no later than October 26, 2017.  Retailers and wholesale purchaser-consumers may continue selling or dispensing gasoline produced under the waiver until their supplies are depleted.
 
Reformulated Gasoline
Effective immediately: A waiver has been issued for the federal RFG requirements in the designated states and District of Columbia.  Under this waiver, the EPA will allow regulated parties to produce, sell or distribute conventional winter gasoline (including gasoline blendstock for oxygenated blending (BOBs)) in the following states: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, Delaware, Maryland, New Jersey, New York, Pennsylvania, Florida, Georgia, North Carolina, South Carolina, Virginia, West Virginia, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Wisconsin, Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Texas, and the District of Columbia.

Existing gasoline that is in the distribution system on September 26, 2017, may be distributed and sold until the supply is depleted.  Gasoline that is in the possession of parties in the fuel distribution system other than retailers and wholesale purchaser-consumers must meet the RFG requirements by no later than October 26, 2017.  Retailers and wholesale purchaser-consumers may continue selling or dispensing gasoline produced under the waiver until their supplies are depleted.

The waiver supersedes the August 31, 2017 waiver and only applies to the states listed above and District of Columbia.
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