27064375, 5JER23-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 27064375

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Overview

RULE:

5JER23-1

Volatility Standards for Gasoline

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

Due to severe weather that has resulted in historic flooding, the typical movement of fuel into South Florida has been interrupted, slowing the distribution of fuel. Pursuant to adopted national fuel standards, fuel volatility requirements are expected to shift 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. Class C fuel remains available, and its sale could alleviate fuel supply issues in the southern part of the state. On April 20, 2023, the EPA issued a Fuel Waiver, temporarily waiving federal fuel quality standards in specified areas 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, even as useable fuel remains available.

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

This emergency rule was initiated to ensure a consistent supply of fuel in Florida and to help alleviate fuel shortages. As this 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 D4814-20a, as adopted in rule 5J-21.001, F.A.C., for the periods indicated.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Blair Bodenmiller, Assistant Director of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399, (850) 410-3675.

PRINT PUBLISH DATE:

4/24/2023 Vol. 49/79

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=5JER23-1&PDate=4/24/2023&Section=4

REFERENCE MATERIALS:

No reference(s).

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