California Request for Oxygenates Waiver

Introduction

California believes that U.S EPA can and should waive the year-round 2% by weight oxygen requirement for the Federal Reformulated Gasoline (RFG). This waiver is justified by the technical analysis of the California Air Resources Board (CARB) that maintaining the federal 2% oxygen requirement after MTBE has been phased out of the California gasoline will diminish the extent to which the California RFG can achieve emissions reductions over and above the reductions achieved by the federal program. The following chronicle documents and events show California's effort to acquire the waiver since 1999.

Documents and Events

• October 20, 2005: U.S EPA granted the ARB's second request to extend the waiver to the California Phase 3 gasoline RVP requirements in California's State Implementation Plan, from October 25, 2005 to October 31, 2005, concerning the availability of California gasoline to meet Federal RVP requirement as a result of Hurricane Katrina in Gulf Coast. (PDF-365k)

• September 27, 2005: U.S EPA granted the ARB's request to extend the waiver to the California Phase 3 gasoline RVP requirements in California's State Implementation Plan, from October 4, 2005 to October 24, 2005, concerning the availability of California gasoline to meet Federal RVP requirement as a result of Hurricane Katrina in Gulf Coast. (PDF-364k)

• September 13, 2005: U.S EPA granted the ARB's request to waive the California Phase 3 gasoline RVP requirements in California's State Implementation Plan, which is effect immediately until 11:59 p.m. on October 3, 2005, concerning the availability of California gasoline to meet Federal RVP requirement as a result of Hurricane Katrina in Gulf Coast. U.S EPA will continue to monitor the situation and issue a second waiver if appropriate. (PDF-397k)

• June 2, 2005: U.S. EPA upholds the federal Reformulated Gasoline Oxygen Requirement in California, New York and Connecticut:
  • Press Release
  • Supporting Document

• February 2, 2004: California continues to request a Waiver from the Federal Reformulated Gasoline Oxygen Mandate:
  1. Letter from the California EPA Secretary Tamminen to the U.S. EPA Administrator Leavitt (pdf-111k)

  2. Demonstration that the U.S EPA must grant California a waiver from the Federal Reformulated Gasoline Oxygen mandated on remand from the U.S Court of Appeals for the 9th Circuit. (pdf-149k)

  3. Technical support documents related to a Waiver's impact on:
     1. Particulate Matter Emissions (pdf-107k)
     2. Off-road Equipment Evaporative Emissions (pdf-69k).
     3. Permeation Emissions from Portable Fuel Containers (pdf-38k).
     4. Commingling Emissions (pdf-3927k).

• January 29, 2004: Letter from the Governor Schwarzenegger to the U.S. EPA Administrator Leavitt urging U.S. EPA to grant California Oxygenates.

• August 6, 2003: Governor Davis urges U.S. EPA to grant waiver to keep gasoline clean, affordable and plentiful (pdf-10k).

• July 17, 2003: the 9th Circuit Court's decision in Davis vs. U.S. EPA, vacating U.S. EPA's denial of California's oxygen waiver request, and remanding the matter to U.S. EPA with instructions to give full consideration of the effects of a waiver on both the ozone and particulate matter NAAQS (pdf-117k)

• Governor Davis' Sues U.S EPA over Decision of Denial  the California's Waiver Request - August 13, 2001 Press Release: (pdf-119k)

• Governor Davis' Statement on U.S. EPA Decision - June 12, 2001 Press Release: (pdf-80k) 

• U.S. EPA Issued Decision on California Waiver Request - June 12, 2001 Press Release: (pdf-161k)

  Support Document: EPA's Website

• Governor Davis' Letter to President George W. Bush - May 22, 2001 Press Release: (pdf-146k) 

• Letter from U.S. EPA confirming receipt of complete application for a waiver from the Federal Year-Round Oxygen Mandate - February 14, 2000 (pdf - 75k)

• Governor Davis' Letter to U.S. EPA - December 15, 1999 (pdf-152k)

• Governor Davis' Letter to U.S. EPA - April 12, 1999 (pdf-580k)

• Additional Material Supporting California's Request for a Waiver of the Federal RFG Year-Round Oxygen Mandate
  • July 9, 1999 (pdf-290k)
  • September 20, 1999 (pdf-160)
  • December 24, 1999 (pdf-816k)
  • February 7, 2000 - Letter (pdf-70k) and Attachments (pdf-205k)
  • February 17, 2000 (pdf-120k)
  • February 24, 2000 (pdf-65k)
  • February 22, 2001 (pdf-94k)

Other Information

• Meetings, Notices and Other Related Information regarding California's Gasoline Program

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