27496316, 5JER23-4 - Florida Administrative Rules, Law, Code, Register

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Notice: 27496316

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Overview

RULE:

5JER23-4

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 limitations on the purchase and use of Russian crude oil, the typical movement of fuel into the United States has been interrupted, reducing the amount of available fuel, and affecting its distribution. In addition, the Organization of the Oil Exporting Countries (OPEC) recently announced an unexpected reduction in crude oil output by OPEC+ member countries, creating further market pressure. At the same time, U.S. refining capacity has been reduced in the wake of multiple refinery closures, even while gasoline demand remains higher than average. Pursuant to adopted national fuel standards, fuel volatility requirements are shifting to accommodate the changing seasons, however, the United States Environmental Protection Agency has determined that the factors outlined above have created “extreme and unusual fuel [] supply circumstances” 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 August 28, 2023, 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 issuance of an EPA waiver. Its terms apply to all fuel suppliers and will help to ensure a consistent supply of fuel in the state, while alleviating 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:

8/31/2023 Vol. 49/170

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=5JER23-4&PDate=8/31/2023&Section=4

REFERENCE MATERIALS:

No reference(s).

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