Purpose


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 and federal law, 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. In response to these conditions, on March 27, 2020, the United States Environmental Protection Agency (EPA) issued its “May 1, 2020 Fuel Waiver Concerning Summer Gasoline,” allowing for the continued sale and distribution of winter season fuel beyond the termination date set forth in the Code of Federal Regulations. However, the EPA’s waiver specifically indicates that state and local requirements related to fuel remain in effect unless waived by appropriate authorities. This emergency rule allows for the continued sale of higher volatility fuel at wholesale terminals and at retail for an extended time period. Since Florida’s average temperatures are higher than those across much of the nation, though, there is a greater concern that vehicle operability, drivability, and portable power supply generator reliability could be impacted if high volatility fuel is used into the late spring and early summer months. Therefore, requirements for the sale of lower volatility fuels, more stringent than the EPA’s waiver allows at the federal level, will be implemented in Florida. This phased-in approach balances the public need for a reliable fuel supply with the industry’s need to help stabilize the fuel market, all while protecting the public welfare.