Maine DEP clarifies gasoline compliance obligations 

--- PRESS RELEASE ---

For Immediate Release
MEDEP logo

DEP clarifies gasoline compliance obligations 

***Please note this release has been updated to clarify that gasoline meeting the conditions EPA’s March 27, 2020 fuel waiver may be distributed, sold or dispensed until supplies are depleted***

 

AUGUSTA, MAINE, April 15, 2020 — On April 7, 2020, the Department of Environmental Protection issued its Statement on Gasoline Volatility and RFG Requirements in Maine (“Statement”) explaining its intent to align its compliance expectations for gasoline terminals, distributors, marketers, and retailers with the U.S. Environmental Protection Agency’s March 27, 2020 fuel waiver (“EPA Waiver”).  The Department has since received several requests from stakeholders seeking clarification about this exercise of enforcement discretion, more specifically whether the Department’s Statement incorporates the “sell-through” provisions included within the EPA Waiver. 

The Department is now clarifying that its April 6, 2020 Statement includes the sell-through provisions of the EPA Waiver, which states:

“Any gasoline meeting the conditions of this waiver that is stored in terminal storage tanks for distribution to retail outlets and wholesale purchaser-consumers in these areas after May 20, 2020, may be distributed and sold until the supply is depleted. Likewise, retailers and wholesale purchaser-consumers in these areas may continue selling or dispensing gasoline that meets the conditions of this waiver after May 20, 2020, until their supplies are depleted.”

Please be advised that gasoline that does not meet the low volatility requirements set forth in Chapter 119 of the Department’s rules may not be introduced into terminal storage tanks from which gasoline is dispensed into trucks for distribution to retail outlets after May 20, 2020, and all other statutory and regulatory requirements remain in effect unless otherwise specifically exempted.

For additional information, contact:

David R. Madore, Communications Director

(207) 287-5842

david.madore@maine.gov

or

Jeffrey Crawford, Director, Bureau of Air Quality

(207) 287-7647

jeff.s.crawford@maine.gov