News Releases from Headquarters›Enforcement and Compliance Assurance (OECA)

EPA Approves Emergency Fuel Waiver for North Carolina

WASHINGTON (September 17, 2018) — Today, in order to address diesel fuel supply interruptions as a result of Hurricane Florence, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler approved an emergency fuel waiver request made this afternoon on behalf of North Carolina Governor Roy Cooper.

EPA has waived the highway diesel fuel red dye requirements to allow the sale and use of non-road diesel fuel in highway vehicles in North Carolina as a result of Hurricane Florence, effective immediately and through September 28, 2018.

The waiver authority was exercised under the Clean Air Act and was granted by EPA Acting Administrator Wheeler, in coordination with the U.S. Department of Energy Secretary Rick Perry. The request was made by North Carolina Department of Environmental Quality Air Quality Division Director Michael A. Abraczinskas on behalf of Governor Roy Cooper.

As required by law, EPA and U.S. 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 Florence, 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.

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