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Oxygenate Waiver Request Resubmittal Letter

On January 6, 2003, the Department of Environmental Conservation (Department) petitioned the United States Environmental Protection Agency (EPA) to grant a waiver pursuant to the requirements that all gasoline sold or dispensed in the New York State portion of the New York City Consolidated Metropolitan Statistical Area (CMSA) contain a minimum oxygen content as stated in section 211(k)(2)(B) of the Clean Air Act (CAA). (Original request letter (pdf 307 KB)) On April 1, 2003, the Department received a letter from EPA requesting additional information before a waiver could be granted. (EPA response letter (pdf 522 KB))

On December 12, 2003, the Department resubmitted a request to EPA with additional supporting documentation to grant a waiver to remove the oxygenate requirement from gasoline sold or dispensed in New York State:

  • Copy of Resubmittal Letter
  • Enclosure A Oxygenated Fuels Association v. Pataki, US District Court, Northern District of New York, November 21, 2003 (pdf 1157 KB)
  • Enclosure B Analysis of the Production of California Phase 3 Reformulated Gasoline with and without an Oxygen Waiver by MathPro Inc., January 19, 2001 (pdf 95 KB)
  • Enclosure C "Refiner and importer requirements for downstream oxygenate blending," letter from Assistant Administrator John Peter Suarez to Edward H. Murphy, American Petroleum Institute.(pdf 863 KB)
  • Enclosure D Program Report: Emission Impacts of Fuels to Accommodate the New York State Oxy-Waiver Request and MTBE Ban, NYSDEC, May 6, 2003
  • Enclosure E "Enclosure G" from NYSDEC's January 6, 2003 oxygenate waiver request, estimating increases from use of ethanol at various RVP levels. (pdf 27 KB)

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  • NYSDEC
    Division of Air Resources
    Oxygenate Waiver Request
    625 Broadway
    Albany, NY 12233-3251
    518-402-8396
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