What are the legal criteria and conditions for fuels waivers?
The criteria and conditions for fuels waivers are specified in Clean Air Act Section 211(c)(4)(C), which provides as follows: (ii) The Administrator may temporarily waive a control or prohibition respecting the use of a fuel or fuel additive … if, after consultation with, and concurrence by, the Secretary of Energy, the Administrator determines that– (I) extreme and unusual fuel or fuel additive supply circumstances exist in a State or region of the Nation which prevent the distribution of an adequate supply of the fuel or fuel additive to consumers; (II) such extreme and unusual fuel and fuel additive supply circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not the lack of prudent planning on the part of the suppliers of the fuel or fuel additive to such State or region; and (III) it is in the public interest to grant the waiver (for example, whe
