Bill Penny
Bill Penny

Bill Penny is a Member in the Nashville office of Stites & Harbison. He is a member of the firm's Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. Bill has more than 25 years experience in environmental law. You can contact him at william.penny@stites.com or by phone at 615-782-2308.

Martin Corinne
Corinne Martin

Corinne Martin is an Associate in the Nashville office of Stites & Harbison. She is a member of the Environmental, Natural Resources & Energy Service Group, the Green Industry Practice Group, and the Business Litigation Service Group. cmartin@stites.com or by phone at 615-782-2218.

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USEPA Approves Emergency Fuel Waiver for Tennessee

08.12.11 7:50 AM
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On August 11, 2011, the EPA working in coordination with the Department of Energy and at the request of Governor Bill Haslam granted a temporary waiver of certain federal clean gasoline requirements for parts of western Tennessee, namely Shelby County. This fuel waiver comes in response to a fire that shut down Valero Energy Corporation’s Memphis refinery, prompting a disruption in the supply of fuel.

The EPA exercised its authority under the Clean Air Act in granting this waiver to allow greater flexibility for the fuel distribution system to support an adequate supply in Shelby County. The waiver is effective for 20 days and waiver applies to 7.8 psi low Reid Vapor Pressure (RVP) and ethanol requirements in the Memphis metro area. It allows the sale of 9.0 psi conventional gasoline in Shelby County’s low RVP covered area, rather than the maximum 7.8 psi gasoline required under the applicable regulations. This fuel waiver is limited as much as possible in terms of both geographic scope and duration to mitigate any impacts on air quality the Clean Air Act.
 
EPA Administrator Lisa P. Jackson, working with Tennessee officials, determined that extreme and unusual supply circumstances exist, which are likely to result in a shortage of gasoline compliant with federal regulations. Federal fuel waivers help ensure an adequate supply of gasoline in the affected area until normal supply to the region can be restored.
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