Summer Federal Phase II RVP: Max. 7.8 psi RVP gasoline is required in 17 parishes in former 1 hr. ozone nonattainment areas. Max. 9.0 psi RVP gasoline is required elsewhere. The summer maximum RVP limitation shall be 1 psi higher for conventional gasoline blends containing 10 vol% ethanol per Clean Air Act section 211(h)(4).
In an enforcement discretion letter dated 5/16/2006, EPA announced that it is allowing 9.0 psi RVP gasoline to be used in the summer in Grant Parish, LA. The Agency codified this in a direct final rule (73 FR 8202; 2/13/08).
In a letter dated 8/29/08, EPA permitted the sale of 9.0 psi RVP gasoline in several parishes in Louisiana through 11:59 PM on 9/8/08 to address the fuel supply emergency from impending Hurricane Gustav. 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 extended this waiver through 9/15/08 in a letter dated 9/5/08. The Agency waived summer RVP gasoline requirements throughout the state in a letter dated 9/11/08.
In a letter dated 8/28/12, EPA waived the federal requirement for summer 7.8 psi RVP gasoline for 14 parishes through Sept. 6 as a result of Hurricane Isaac. In a letter dated 9/4/12, EPA waived requirements for low RVP gasoline 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 letter dated 8/28/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA waived regulations for 7.8 psi RVP gasoline for 16 parishes through September 15. In a multi-state letter dated 8/30/17, 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: As one of the consequences of its bump up to severe ozone nonattainment classification, federal RFG was to be required in Baton Rouge (East Baton Rouge, West Baton Rouge, Ascension, Iberville, and Livingston parishes), summer and winter, effective June 23, 2004. EPA enforcement of this federal RFG requirement was stayed by the U.S. Court of Appeals for the Fifth Circuit on June 18, 2004. EPA agreed to reconsider the requirement for RFG in Baton Rouge and the U.S. Court of Appeals for the Fifth Circuit signed the motion to remand on August 2, 2004.
Louisiana's Commissioner of Agriculture and Forestry adopted an emergency rule similar to Florida's Gasoline Silver Corrosion Standard. This was effective on June 22, 2004. See the Louisiana Administrative Code, Title 7, Part XXXV, Chapter3, section 303.A.5.
Revised emergency regulations (superseding the June 22, 2004 emergency rule) were effective on September 9, 2004; they allow an alternative test method, "Test Method for Corrosiveness of Silver from Petroleum Products by Silver Strip Test 2."
The LA Department of Agriculture and Forestry, Office of Agro-Consumer Services, Weights and Measures Division enforces requirement that gasoline meet the latest version of ASTM D 4814 and diesel fuel meet the latest version of ASTM D 975 (except that the diesel lubricity standard was not mandatory until 1/1/06); see LA Administrative Code Title 7, Part XXXV, Chapter 3, sections 303 and 305.
Signed by the Governor on 6/12/06, HB 685 (Act No. 313) requires that 2 percent of the total gasoline sales in LA be denatured ethanol produced from domestically grown feedstock within 6 months after monthly production of ethanol in LA equals or exceeds an annualized volume of 50 million gallons. In addition, it also requires that 2 percent of total sales in LA be biodiesel (either mono-alkyl esters or renewable diesel) produced from domestically grown feedstock within 6 months after monthly production of biodiesel in LA equals or exceeds 10 million gallons. Furthermore, an alternative renewable fuel may also be required if produced in LA with an annualized volume that equals or exceeds 20 million gallons. Any combination of alternative fuels, including but not limited to denatured ethanol, biodiesel and alternative renewable fuel, may be used to meet the various 2 percent requirements. Retailers are not required to purchase or sell ethanol or biodiesel in LA. Fuels containing ethanol and biodiesel shall not be required to be sold in ozone nonattainment areas. See R.S. 3:4674.
SB 454, signed by the Governor in June 2006 (Act No. 656), requires that the ethanol mandate shall not be effective until 6 months after the average wholesale price of Louisiana-manufactured ethanol, less any federal alcohol fuel mixture credit, is equal to or less than the average wholesale price of regular gasoline for a period of at least 60 days.
Proposed State Actions: In a letter dated October 16, 2003, the Governor of LA requested that EPA Region 6 waive the federal RFG requirement for Baton Rouge. The EPA Regional Administrator responded in a letter dated December 3, 2003 that EPA cannot grant this waiver. In a letter dated March 17, 2004, the LA DEQ requested postponement of the June 23, 2004 effective date for federal RFG in Baton Rouge. On May 3, 2004, EPA Regional Administrator for Region 6 notified the LA Department of Environmental Quality that the Agency could not grant the state's request for a waiver or delay of the deadline for federal RFG in Baton Rouge. In a letter dated June 1, 2004, the LA DEQ asked EPA to waive the oxygenate requirement for RFG.The federal energy bill (Public Law 109-58), signed by the President on 8/8/05, eliminated the oxygen content requirement for federal RFG in May 2006 (71 FR 26691; 5/8/06).
Last updated August 2017