Volatility Standards for Gasoline

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5JER20-1Volatility Standards for Gasoline

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Due to the global crisis related to COVID-19 and the Center for Disease Control and Prevention’s directive to limit travel, there is an extreme and unusual oversupply of fuel meeting winter season volatility requirements. Pursuant to adopted national fuel standards, volatility requirements will soon shift to accommodate the changing seasons, leaving distributors unable to supply this fuel for retail sale. The unexpected oversupply of winter season fuel is also monopolizing fuel storage systems, preventing distributors from being able to shift their supplies to season-appropriate fuel. If volatility standards are not 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. This emergency rule will allow for the adequate and rapid distribution of available fuel, helping to stabilize the fuel market, thus protecting the public welfare.

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 the COVID-19 health crisis 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 gasoline of a different volatility class than adopted in ASTM International designation D4814-13a, as adopted in Rule 5J-21.001, F.A.C., for a period of 30 days. The specific standards affected are below.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Richard Kimsey, Assistant Director of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

5JER20-1 Volatility Standards for Gasoline

Volatility Class D-4 fuels, as specified in ASTM International designation D4814-13a, shall be allowed for an additional 30 days.

Rulemaking Authority 525.037, 525.14, 570.07(23) FS. Law Implemented 525.01, 525.037, 525.14 FS. History – New 3-20-20.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: 3/20/20