EPA Issues Fuel Waiver for Four States Impacted by BP Refinery Shutdown

WASHINGTON (August 27, 2022) — As part of the Federal Government’s response to a fire and shutdown at the Bp Whiting Refinery in Whiting, Indiana, U.S. Environmental Protection Agency (EPA) Administrator Michael Regan today issued an emergency fuel waiver to help alleviate fuel shortages in four states whose supply of gasoline has been impacted by the refinery shutdown.

EPA has waived the federal regulations and federally enforceable State Implementation Plan requirements for fuel volatility on gasoline sold in Illinois, Indiana, Michigan, and Wisconsin, to facilitate the supply of fuel in these areas. This waiver will continue through September 15, 2022.

The Clean Air Act allows EPA Administrator Michael Regan, in consultation with the Department of Energy, to waive certain fuel requirements to address shortages. As a result of the Bp refinery shutdown, Administrator Regan determined that extreme and unusual fuel supply circumstances exist and has granted a temporary waiver to help ensure that an adequate supply of gasoline is available in the affected areas until normal supply to the region can be restored.

As required by law, EPA and the Department of Energy (DOE) evaluated the situation and determined that granting a short-term waiver was consistent with the public interest.  EPA and DOE are continuing to actively monitor the fuel supply situation resulting from the Bp refinery shutdown and considering additional measures to alleviate the impact.

To mitigate any impacts on air quality, the Clean Air Act provides strict criteria for when fuel waivers may be granted and require that waivers be limited as much as possible in terms of their geographic scope and duration.

More information: www.epa.gov/enforcement/fuel-waivers  // SEE Original Posting 

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National Law Review, Volumess XII, Number 240