6234983, 5FER08-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 6234983

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Standards

Overview

RULE:

5FER08-2

Volatility Standards for Gasoline

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

As a result of the effects on the supply and distribution of fuel caused by tropical storms and hurricanes during August and September, extreme and unusual circumstances exist that will prevent the distribution of an adequate fuel supply to consumers in specified Florida counties. On September 11, 2008, the United States Environmental Protection Agency (EPA) issued a fuel volatility waiver to nine southeastern states including Florida. Further, several other southeastern states have issued similar fuel volatility waivers extending through October 31, 2008. Pursuant to these actions by the EPA and other southeastern states, and following the adoption of this emergency rule, waiving certain volatility standards in specified Florida counties will allow for adequate and rapid distribution of available fuel, helping to stabilize the fuel market in the specified counties, thus protecting the welfare of Florida consumers in these counties. Specifically, the affected counties in Florida are Jefferson, Leon, Wakulla, Gadsden, Liberty, Franklin, Jackson, Calhoun, Gulf, Holmes, Washington, Bay, Walton, Okaloosa, Santa Rosa, and Escambia.

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

This emergency rule was initiated at the request of fuel suppliers in order to more adequately meet the fuel needs of Florida consumers in these specified counties, as a result of current fuel shortages created from recent tropical storms and hurricanes, in particular Hurricane Ike. This emergency rule will help alleviate present distribution difficulties and shortages of motor fuel resulting from these weather events and could not be implemented in time to provide relief to affected Florida consumers through non-emergency rule making procedures.

SUMMARY:

This emergency rule allows for the retail distribution and sale of gasoline of a different volatility class than adopted in ASTM International designation D4814-07b and Rule 5F-2.001, F.A.C., for the period beginning September 26, 2008, through October 31, 2008, in Jefferson, Leon, Wakulla, Gadsden, Liberty, Franklin, Jackson, Calhoun, Gulf, Holmes, Washington, Bay, Walton, Okaloosa, Santa Rosa, and Escambia Counties in Florida. The specific standards affected are below.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Dr. Matthew D. Curran, (850)488-9740

PRINT PUBLISH DATE:

10/10/2008 Vol. 34/41

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=5FER08-2&PDate=10/10/2008&Section=4

REFERENCE MATERIALS:

No reference(s).

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