24537525, 5JER21-3 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 24537525

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Overview

RULE:

5JER21-3

Volatility Standards for Gasoline

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

Due to a recent cyberattack on Colonial Pipeline, the typical movement of fuel into North Florida has been interrupted, slowing the distribution of fuel across the panhandle. Additionally, the fuel terminal in Pensacola, Florida, remains stocked with fuel that does not meet seasonal volatility requirements. Due to the presence of this noncompliant fuel, Pensacola’s capacity to provide compliant fuel has been diminished, exacerbating fuel issues created by the shutdown of Colonial Pipeline. 
Pursuant to adopted national fuel standards, fuel volatility requirements recently shifted to accommodate the changing seasons, however, a limited quantity of winter fuel remains available, and its sale could alleviate fuel supply issues in the northern part of the state. On May 11, 2021, the EPA issued a Second Fuel Waiver Concerning Conventional and Reformulated Gasoline, 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 will be a shortage of lawful fuel available for sale, even as storage tanks sit full of useable fuel.

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

This emergency rule was initiated at the request of fuel suppliers to ensure a consistent supply of fuel in Florida while avoiding the unnecessary creation of a fuel shortage. 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:

5/13/2021 Vol. 47/93

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://www.flrules.org/gateway/ruleno.asp?id=5JER21-3&PDate=5/13/2021&Section=4

REFERENCE MATERIALS:

No reference(s).

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