What is the procedure for formally requesting a fuels waiver?
A formal written request for a fuels waiver should be made by or on behalf of the Governor of an affected state or territory, and be directed to the EPA Administrator. The request should describe how the fuels waiver criteria specified in Clean Air Act have been met. In particular, the waiver request should address the following: • The nature of the Act of God or other event that caused the shortage; • An explanation of why the shortage was not foreseeable and could not have been prevented by prudent planning on the part of the suppliers of the fuel; • The type of fuel for which a shortage exists; • The geographic area that is affected; • The effect of the shortage on fuel supplies, such as the number of gasoline stations that are, or are expected to be, out of fuel; • The expected duration of the shortage; and • The specific nature of the waiver being requested, including the duration, the geographic area, and the alternative fuel that would be allowed.
