Yesterday, August 1, as part of the federal government’s response to tornadoes that caused the emergency shutdown of the ExxonMobil Refinery in Joliet, Illinois, the U.S. Environmental Protection Agency (EPA) issued an emergency fuel waiver to help alleviate fuel shortages in four states whose supply of gasoline has been impacted by the refinery shutdown.

In Illinois, Indiana, Michigan and Wisconsin, EPA waived the federal regulations and federally enforceable State Implementation Plan requirements for the low Reid vapor pressure (RVP) and reformulated gasoline (RFG) requirements to facilitate the supply of fuel in these states. This waiver will continue through August 20, 2024.

The Clean Air Act allows EPA Administrator Regan, in consultation with the Department of Energy (DOE), to waive certain fuel requirements to address shortages. As a result of the ExxonMobil refinery shutdown, Administrator Regan determined that extreme and unusual fuel supply circumstances exist and has granted a temporary waiver to help ensure that an adequate supply of gasoline is available in the affected areas until normal supply to the region can be restored.

The EPA stated that as required by law, EPA and DOE evaluated the situation and determined that granting a short-term waiver was consistent with the public interest. EPA and DOE are continuing to actively monitor the fuel supply situation resulting from the ExxonMobil refinery shutdown and considering additional measures to alleviate the impact.