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Subpart 225-3 Enforcement Discretion Letter

The following is a letter dated August 31, 2017 from Deputy Commissioner and General Counsel Thomas S. Berkman. A PDF document of this letter is in the right column of this page.

This is to advise you, that, subject to the terms set forth in this letter, the New York State Department of Environmental Conservation (DEC) will be exercising its authority to utilize enforcement discretion with respect to certain provisions of 6 NYCRR Subpart 225-3 (Subpart 225-3).

Hurricane Harvey has wrought unprecedented destruction in Texas, particularly in those areas of the state that include fully one third of United States' refining capacity. This has caused a serious disruption in the nation's fuel supply. As a result, the United States Environmental Protection Agency (EPA) has issued a temporary waiver of federal requirements for Reid vapor pressure and reformulated gasoline.

DEC's Subpart 225-3 prohibits the sale or supply of "gasoline to a retailer or wholesale purchaser-consumer, having a Reid vapor pressure greater than 9.0 pounds per square inch (psi)...during the period May 1st through September 15th of each year..." See Paragraph 225-3(a). Section 225-3.4 further requires the "owner or operator of any refinery, terminal or bulk plant from which gasoline, subject to [Subpart 225-3] is distributed must maintain records on the gasoline that is delivered to or distributed from such facilities."

In order ensure an adequate supply of gasoline, consistent with EPA's actions, DEC will exercise its enforcement discretion regarding the Reid vapor pressure limits of gasoline until and through September 15, 2017. Facilities subject to Subparts 225-3.3 and 225-3.4 must maintain records as required by Subpart 225-3.4

Please be advised that all other statutory and regulatory requirements remain in effect unless otherwise specifically exempted.

If you have any questions, please contact Colleen McCarthy at (518) 402-9185.