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EPA Approves Emergency Fuel Waiver for Florida

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EPA Press Office (

WASHINGTON — U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler today approved a request from Florida Governor Rick Scott for an emergency fuel waiver in order to ensure an adequate supply of diesel fuel across the state for ongoing response efforts to Hurricane Michael.

EPA has waived the highway diesel fuel red dye requirements to allow the use of 15 parts per million sulfur non-road diesel fuel for utility, emergency response and other diesel-powered highway vehicles responding to/assisting in recovery efforts in the panhandle area of Florida, effective immediately and through October 26, 2018. Retailers and wholesale purchaser-consumers may continue selling or dispensing diesel fuel that meets the conditions of this waiver after October 26, 2018, until their supplies are depleted.

The waiver authority was exercised under the Clean Air Act and was granted by EPA Acting Administrator Wheeler, in coordination with the U.S. Secretary of Energy Rick Perry.

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 as a result of Hurricane Michael, and will act expeditiously if extreme and unusual supply circumstances exist in other areas.

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

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