Florida

Summer Federal Phase II RVP: Max. 7.8 psi RVP gasoline was required in six counties (Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas) in former 1 hr. ozone nonattainment areas (Jacksonville, Miami-Ft. Lauderdale-W. Palm Beach and Tampa-St. Petersburg). EPA approved a change to 9.0 psi RVP for summer gasoline in these areas, effective 5/30/14; see 79 FR 29362 (5/22/14).  Max. 9.0 psi RVP gasoline is required elsewhere.

In a letter dated August 20, 2004, EPA granted enforcement discretion to allow the sale of 9.0 psi RVP gasoline in Hillsborough and Pinellas counties for one week. In a letter dated August 27, EPA extended this enforcement discretion for three more days (until midnight on August 30).

In letters dated September 2 and 7, 2004, EPA granted enforcement discretion for the sale of low RVP gasoline and highway diesel in FL because of current and expected fuel shortages. The EPA waiver expired at midnight on September 15. On September 3 and 7, 2004, the IRS announced that it will not enforce the prohibition of the sale of dyed diesel that has been delivered by wholesale dealers to retail dealers for resale to highway users or has been sold by wholesale dealers directly to end users for highway use, due to shortages of clear diesel fuel in FL caused by Hurricanes Charley and Frances. The IRS exemption expired on September 15. The Agency extended enforcement discretion for highway diesel fuel in FL in a letter dated September 15; the extension expired at midnight on September 24. The IRS extended its excise tax exemption for diesel through September 24. These extensions (from September 15 to 24) were in response to supply disruptions caused by Hurricane Ivan.The EPA extended enforcement discretion for highway diesel fuel near Port Everglades, FL until midnight on September 28. On September 27, the IRS extended its waiver of the excise tax penalty on dyed diesel through October 5, 2004 (see IR-2004-113). In a letter dated September 28, the EPA extended enforcement discretion for diesel throughout Florida until midnight on October 5, 2004.

In a letter dated September 15, 2004, EPA announced enforcement discretion for some environmental regulations at terminals in FL until midnight on September 24. In two letters dated September 24, the EPA announced enforcement discretion for some environmental regulations at terminals until midnight on October 5, 2004.

In a letter dated July 8, 2005, EPA announced enforcement discretion for the use of dyed high sulfur diesel for highway vehicles west of the Apalachicola River and 9.0 psi RVP gasoline in Hillsborough and Pinellas Counties through midnight on July 18.

The Agency, in a letter dated 8/22/08, issued a waiver of the 7.8 psi RVP requirement for gasoline in Duval County through 8/27/08 as a result of Tropical Storm Fay.

In a letter dated 9/5/08, EPA issued an emergency waiver of the 7.8 psi RVP gasoline requirements through 9/15/08 as a result of the disruption in the supply of fuel caused by Tropical Storms Fay and Hanna, Hurricane Gustav and the approach of Hurricane Ike. The Agency also temporarily waived the requirement that ethanol/gasoline blends must have 9-10 vol% ethanol to qualify for the one psi RVP allowance. EPA waived the summer RVP gasoline requirements throughout the state in a letter dated 9/11/08.

In a letter dated 9/4/12, EPA waived low RVP gasoline requirements through Sept. 15 as a result of Hurricane Isaac and allowed 11.5 psi RVP gasoline if supplies of low RVP gasoline are not available.  

In a multi-state letter dated 8/30/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA allowed 11.5 psi RVP gasoline throughout the state through September 15. This was affirmed in another multi-state waiver dated 8/31/17. 

Current Regulations: Florida Department of Agriculture and Consumer Services, Standards Division, enforces ASTM D 4814 for gasoline and ASTM D 975 for diesel fuel. See Florida Administrative Code Chapter 5F-2.

Florida promulgated an emergency rule effective June 7, 2004, the Gasoline Silver Corrosion Standard; this is rule number 5F-ER-04-2. Rule 5F-2.017 in the Florida Administrative Code was effective on September 22, 2004.

Passed by the House on 4/29/08 and the Senate on 4/30/08, sections 103 and 104 of H 7135 require 9-10 vol% ethanol in gasoline by 12/31/10. There are exceptions for aircraft, boats, gasoline sold to a blender, collector vehicles, off-road vehicles, motorcycles, and small engines. In addition, an exception is available if this ethanol mandate would void a warranty or when a terminal, supplier, importer, blender, or wholesaler is unable to obtain fuel ethanol at the same or lower price than unblended gasoline. See Florida Statutes, 526.203  On 5/31/13, the Governor signed HB 4001(Chapter No. 2013-103); it repeals the ethanol mandate effective 7/1/13.  

In a letter dated 9/6/17, to address a fuel supply emergency caused by Hurricane Irma, EPA waived regulations to allow the use of red dyed 15 ppm sulfur NRLM diesel in diesel-powered highway vehicles through September 22.  However, this waiver only applies to EPA regulations; EPA has no authority to waive IRS regulations.  This waiver was extended through October 6 in a letter dated 9/21/17.  

Legislature: H 1037, introduced in February 2007, and S 2888, introduced in March 2007, would require that all diesel include at least 5 vol% biodiesel after the state meets a threshold for annual biodiesel production.

Introduced in March 2011, SB 1284 would require, beginning 12/31/11, all diesel to contain at least 2% biodiesel, increasing to 5% biodiesel after annualized in-state biodiesel production capacity reaches 233 million gallons (excludes railroad locomotives).

 

Last updated September 2017