Hurricane Response: Fuel Waivers - TEXAS

As the result of the disruption in the supply of fuel caused by Hurricanes Gustav and Ike, EPA is exercising its authority under the Clean Air Act to temporarily waive certain special diesel fuel requirements that apply only in the state of Texas. Responding to a state request received last night, EPA will allow the suspension of the Texas Low Emission Diesel (TxLED) requirements until Sept. 30, 2008; however, federal regulations for Ultra Low Sulfur Diesel (ULSD) fuel with a maximum sulfur content of 15 parts per million must still be met.

EPA has already approved two waivers from volatility and reformulated gas requirements in Texas, one on Sept. 1 and one on Sept. 11.

The waiver was granted by EPA, in coordination with the Department of Energy, and will allow greater flexibility for fuel distribution systems in the affected areas.

EPA Administrator Stephen L. Johnson determined that extreme and unusual supply circumstances exist, which are likely to result in a shortage of diesel that is compliant with TxLED requirements.

As required by law, EPA carefully examined all aspects of the fuel supply situation in the requested areas and determined that granting a short-term waiver was consistent with the public interest.