Gary W. Black
Georgia Department of Agriculture
Capitol Square • Atlanta, Georgia 30334-4201
DATE: August 31, 2017
Under the authority granted to the Commissioner of Agriculture as the State’s chief oil inspector, and due to recent events creating gasoline supply disruptions, the Commissioner has determined that an Emergency Rule is hereby necessary to facilitate the replacement of gasoline supplies in Georgia.
Georgia Rule 40-20-1-.01 entitled “Standards for Petroleum Products” requires the use of gasoline meeting Class A-2 and/or AA-2 volatility specifications between August and September 15 for the State of Georgia. Based on information collected regarding Hurricane Harvey, the Georgia Department of Agriculture has determined that an Emergency Rule allowing regulated parties to supply gasoline meeting Class C-3 volatility specifications during this time period is necessary to ensure and protect the public welfare.
In addition, Georgia Rule 40-20-1-.01 requires gasoline to contain between 9% and 10% ethanol by volume in order to qualify for the “special provisions for alcohol blends” that increases the RVP standard by 1 psi. The EPA has waived this requirement to allow gasoline with less than 9% ethanol by volume to also qualify for the “special provisions for alcohol blends” requirement. Under this Emergency Rule, the Georgia Department of Agriculture will also allow gasoline with less than 9% ethanol by volume to qualify for the “special provisions for alcohol blends” requirement in order to ensure and protect the public welfare.
Therefore, in accordance with O.C.G.A. § 50-13-4(b), the Georgia Department of Agriculture has adopted Emergency Rule 40-20-1-0.4-.01 entitled “Standards for Petroleum Products.” The Emergency Rule is promulgated effective August 31, 2017, and will remain in effect until September 15, 2017, which is not longer than 120 days from the effective date.