23146545, 5JER20-3 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23146545

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Overview

RULE:

5JER20-3

Volatility Standards for Gasoline

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

Due to the global crisis related to COVID-19 and the Center for Disease Control and Prevention’s directive to limit travel, there is an extreme and unusual oversupply of fuel meeting winter season volatility requirements. Pursuant to adopted national fuel standards and federal law, volatility requirements will soon shift to accommodate the changing seasons, leaving distributors unable to supply this fuel for retail sale. The unexpected oversupply of winter season fuel is also monopolizing fuel storage systems, preventing distributors from being able to shift their supplies to season-appropriate fuel. If volatility standards are not adjusted to account for this extraordinary situation, there will be a shortage of lawful fuel available for sale, even as storage tanks sit full of useable fuel. 
In response to these conditions, on March 27, 2020, the United States Environmental Protection Agency (EPA) issued its “May 1, 2020 Fuel Waiver Concerning Summer Gasoline,” allowing for the continued sale and distribution of winter season fuel beyond the termination date set forth in the Code of Federal Regulations. However, the EPA’s waiver specifically indicates that state and local requirements related to fuel remain in effect unless waived by appropriate authorities. This emergency rule allows for the continued sale of higher volatility fuel at wholesale terminals and at retail for an extended time period. 
Since Florida’s average temperatures are higher than those across much of the nation, though, there is a greater concern that vehicle operability, drivability, and portable power supply generator reliability could be impacted if high volatility fuel is used into the late spring and early summer months. Therefore, requirements for the sale of lower volatility fuels, more stringent than the EPA’s waiver allows at the federal level, will be implemented in Florida. This phased-in approach balances the public need for a reliable fuel supply with the industry’s need to help stabilize the fuel market, all while protecting the public welfare.

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

This emergency rule was initiated at the request of fuel suppliers and in response to the waiver issued by the EPA to ensure a consistent supply of fuel in Florida while avoiding the unnecessary creation of a fuel shortage. As the COVID-19 health crisis is an unprecedented and rapidly-evolving 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 D4814-13a, as adopted in rule 5J-21.001, F.A.C., for the periods indicated. The specific standards affected are included below.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Richard Kimsey, Assistant Director of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399, (850) 921-1556.

PRINT PUBLISH DATE:

4/16/2020 Vol. 46/75

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=5JER20-3&PDate=4/16/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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