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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 4901:5-33-04 | Actions taken upon declaration of an energy emergency.


(A) Voluntary curtailment.

(1) The commission may implement, or cause to be implemented, a public appeals campaign through appropriate news media to alert the public to the impending shortage of transportation fuel. This appeal may seek voluntary reductions in the consumption of such fuel and may include specific suggested conservation measures for achieving such reductions.

(2) The governor may request that federal priority be given to all air, rail, barge, highway, and pipeline traffic of essential fuel supplies into this state or a region of this state affected by the energy emergency.

(3) The governor may request the federal department of transportation to suspend federal limits on highway drivers' hours of service for transportation fuel delivery for the duration of the energy emergency.

(4) The Ohio department of transportation may be requested to suspend truck size and weight limitations that constrain the delivery of transportation fuel for the duration of the energy emergency.

(5) The governor may suspend intrastate common carrier weight and log limitations and waive economic permits and fees that constrain the delivery of transportation fuel for the duration of the energy emergency.

(6) The Ohio state highway patrol and all political subdivisions may be requested to enforce existing speed limits and traffic regulations strictly.

(7) Each supplier, to the extent possible, shall notify any of its consumers for whom forecasted fuel supplies are inadequate for the foreseeable future, and shall provide its consumers information on:

(a) Actions the supplier will take to allocate the available supply of fuel(s).

(b) The time period(s) in which any consumer or class of consumers would be subject to curtailment, allocation, or other restriction of fuel supply.

(c) Procedures to be followed by consumers wishing to substantiate a claim for priority use.

(8) Each supplier shall report to the commission the information the commission determines necessary to manage the energy emergency.

(9) The commission may calculate the remaining supply of each fuel for priority use consumers.

(10) A supplier's highest priority shall be to meet in full the transportation fuel product priority use requirements for the current calendar month of all consumers of record from such supplier's available volumes. Suppliers shall reduce sales and/or deliveries to customers for nonpriority use sufficiently to assure that all consumers' priority use requirements for the balance of the current calendar month are met in full.

(11) The commission may designate certain geographical areas within the state as suffering from a supply imbalance. The commission may order suppliers to release part or all of their state set-aside volume, as determined in Chapter 4901:5-35 of the Administrative Code, in order to increase the supply of transportation fuel in such designated areas. Orders issued pursuant to this paragraph shall be in writing and effective immediately upon issuance. Such orders shall represent an option on the supplier's set-aside volumes for the month of issuance regardless of the fact that delivery cannot be made until the following month.

Last updated July 7, 2023 at 8:25 AM

Supplemental Information

Authorized By: 4935.03
Amplifies: 4935.03
Five Year Review Date: 6/26/2028
Prior Effective Dates: 6/24/1978, 1/7/1983, 7/2/1984, 4/16/1987, 5/19/1991, 1/22/1998, 2/27/2010, 11/4/2012, 2/15/2018