October 2005

EPA extends Katrina-related fuel waivers for certain states

In the aftermath of Hurricane Katrina, EPA provided flexibility to fuel production and distribution in the Gulf Coast and nationwide by issuing waivers for diesel fuel sulfur requirements and summer gasoline volatility controls. Because of a continuing tight market for highway diesel fuel in some parts of the country, EPA exercised its authority under the Clean Air Act to issue a second, temporary waiver of highway diesel fuel sulfur requirements through October 5, 2005 for states that continue to be affected by disruptions.

This action will allow diesel fuel normally used in off-road equipment to be used in highway vehicles in those impacted states.

The states affected by the second waiver of highway diesel requirements are: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Delaware, West Virginia, Virginia, North Carolina, South Carolina, Georgia, New Mexico, Texas, Louisiana, Mississippi, Alabama, Arkansas, Florida, Tennessee and the District of Columbia.

In addition, EPA waived the federal enforceability of the summer grade gasoline required under state law in California, Eastern Texas and Phoenix, Arizona. On August 31, EPA waived the federal requirement for summer grade gasoline nationwide. Under normal circumstances that requirement ends in all parts of the country on September 15, except for the three areas mentioned above which, under state laws, extend the requirement until September 30 (Phoenix), October 1 (Texas) and October 31 (California). The three states have requested that EPA waive federal enforceability of these requirements.

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