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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

State Of North Carolina Executive Order No. 53 Waiver of Fuel Vapor

State of North Carolina


September 10, 2018


WHEREAS, Executive Order No. 51 declared a State of Emergency on September 7, 2018;and

WHEREAS, Tropical Storm Florence became a hurricane on September 9, 2018, and now Hurricane Florence is approaching the State of North Carolina; and

WHEREAS, in the coming days, the state and many counties are likely to order mandatory or voluntary evacuations to ensure the safety of populations in the Emergency Area as defined in Section 1 of Executive Order No. 51; and

WHEREAS, large-scale evacuations, should they be ordered, will require an enhanced supply of gasoline in the Emergency Area, and an adequate supply of gasoline will be necessary for response and recovery operations; and

WHEREAS, the maintenance of adequate motor fuel supplies for these purposes 1s necessary for the protection of residents in the Emergency Area; and

WHEREAS, the waiver of the gasoline truck tank and vapor system requirements of ISA N.C. Admin. Code 02D.0932(c) will allow trucks from out-of-state haulers to transport additional fuel to North Carolina without undue delay, ensuring the necessary supply of motor fuel to respond to the above challenges; and

WHEREAS, every county in North Carolina is in compliance with all federal air quality standards; and

WHEREAS, under N.C. Gen. Stat. § 166A- 19.30(b)(4), the Governor, with the concurrence of the Council of State may waive a provision of any regulation or ordinance of a state agency which restricts the immediate relief of human suffering.

NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the Jaws of the State of North Carolina, IT IS ORDERED:

Section 1.

The gasoline truck tank and vapor system requirements of 1 SA N.C. Admin. Code 02D.0932(c) shall be waived during this event, as long as the U.S. Environmental Protection Agency's Method 27 Rule is followed by gasoline haulers.

Section 2.

This waiver is effective immediately and shall remain in effect until rescinded.

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 10th day of September in the year of our Lord two thousand and eighteen.

Ray Cooper

Elaine F. Marshall
Secretary of State

Last updated: Tuesday, September 11, 2018