EPA Temporarily Lifts Fuel-Refining Rules in Texas, Louisiana

The Environmental Protection Agency temporarily waives certain federal clean-gasoline requirements for parts of Texas and Louisiana, a move that allows the sale of dirtier and higher-volatility gasoline in those areas.

The EPA’s decision from Aug. 31 comes at the request of the states, which sought the waivers over concerns that Hurricane Gustav would interrupt fuel supplies.

Federal laws under the Clean Air Act mandate fuel suppliers reformulate gasoline during potentially high-ozone months and in some urban areas to reduce hazardous air pollutants. It also instructs suppliers to reduce the volatility during the summer months to improve combustion.

The Texas waiver, which applies to the Dallas and Houston-Galveston-Brazoria areas and Jefferson, Orange and Hardin counties, expires Sept. 10. The Louisiana waiver applies to 16 parishes and ends Sept. 8.

“I have determined that an extreme and unusual fuel-supply circumstance exists that will prevent the distribution of an adequate supply of gasoline to consumers in (reformulated) and (low-volatility) covered areas,” says EPA Administrator Stephen Johnson in a letter to Texas Gov. Rick Perry granting the waiver.

“This extreme and unusual fuel circumstance is the result of Hurricane Gustav, a natural disaster that could not reasonably have been foreseen or prevented, and is not attributable to a lack of prudent planning on the part of suppliers of the fuel to this area,” Johnson says.

“I have determined it is in the public interest to grant this waiver and that this waiver applies to the smallest geographic area necessary to address the fuel-supply circumstance.”

The EPA granted a similar waiver to Florida during Hurricane Fay, which expired Aug. 27.