N.Y. Comp. Codes R. & Regs. tit. 6, § 225-3.5 – Exceptions and variances—volatility.

(a) Upon application, the commissioner may grant an exception from the requirements of section 225-3.3(a) of this Subpart to a supplier of a gasoline which contains simple alcohols upon a showing that gasoline and gasoline blending components are not reasonably available that, when blended, would enable the resulting fuel to meet the requirements of section 225-3.3(a) of this Subpart, and that granting the exception will not significantly exacerbate ambient ozone levels. Such an exception may be issued for all or a part of the State for up to one year, and may be renewed upon application. The commissioner shall place conditions on exceptions granted pursuant to this subdivision including a maximum RVP allowed and the quantity of gasoline permitted to be supplied under the exception.
(b) Effective September 16, 1989, upon application, the commissioner, after consultation with the President of the New York State Energy Research and Development Authority, may grant a temporary variance from the requirements of section 225-3.3 of this Subpart if the applicant for such an exception can demonstrate to the commissioner that quantities of gasoline sufficient to meet the demand in New York State cannot be manufactured in time to meet all the requirements of section 225-3.3 of this Subpart.
1. (1) The President of the New York State Energy Research and Development Authority, must certify that there exists an insufficient supply of fuel which conforms to the standards in section 225-3.3 of this Subpart before a temporary variance may be granted under this subdivision.
2. (2) The commissioner shall impose an interim volatility standard and/or restrictions on the quantity of gasoline permitted to be supplied as conditions of a variance granted pursuant to this subdivision.
3. (3) The commissioner shall require that an economic adjustment fee must be deposited with the commissioner before a temporary variance will be granted. The economic adjustment fee shall equal the economic benefit that may accrue because of the lower cost of gasoline that does not comply with section 225-3.3 of this Subpart, in comparison with gasoline that does.