25838683, 5JER22-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25838683

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Overview

RULE:

5JER22-1

Volatility Standards for Gasoline

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Due to the Russian war in Ukraine, and the resulting ban on the import of Russian crude oil the typical movement of fuel into the United States has been interrupted, reducing the amount of crude for distribution and distribution of fuel. Pursuant to adopted national fuel standards, fuel volatility requirements recently shifted to accommodate the changing seasons, however, the United States Environmental Protection Agency has determined that “extreme and unusual fuel supply circumstance” exists that will prevent the distribution of an adequate supply of compliant gasoline to consumers. Noncompliant fuel remains available, and its sale could help alleviate fuel supply issues. On May 1, 2022, the EPA issued a Reid Vapor Pressure Fuel Waiver, temporarily waiving federal fuel vapor pressure standards for fuel blends containing gasoline and between 9 and 15 percent denatured anhydrous ethanol (E15) in order to address this crisis. If Florida’s volatility standards are not also adjusted to account for this extraordinary situation, there may be a shortage of lawful fuel for sale.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

This emergency rule was initiated following the issuance of the EPA waiver, all fuel suppliers will be able to utilize additional fuel type to ensure a consistent supply of fuel in Florida and alleviate additional strain on Florida’s fuel market. As this is an unprecedented situation, prompt action based on information regarding recent developments in the fuel industry is both necessary and fair.

SUMMARY:

This emergency rule allows fuels of different volatility classes than those set forth in ASTM International designation D4814-20a, as adopted in rule 5J-21.001, F.A.C., for the periods indicated.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Richard Kimsey, Director of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399, (850) 410-3662.

PRINT PUBLISH DATE:

5/9/2022 Vol. 48/90

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5JER22-1&PDate=5/9/2022&Section=4

REFERENCE MATERIALS:

No reference(s).

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