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Text of J.D. Hayworth letter to Governor:

Dear Governor Napolitano:

As you grapple with the gas shortage plaguing the Phoenix metropolitan area, I am writing to offer some suggestions as to how the federal government might be helpful in the near term in alleviating the problem.

1. The Environmental Protection Agency can approve a request from you to relax fuel regulations under the State Implementation Plan that require Phoenix-area stations to sell a formula of gas unique to the Valley.

Because so few refineries make it, the so-called 'boutique' gasoline that stations in the Phoenix metro area are required to sell severely limits their ability to find additional supplies to offset the current shortfall. Relaxing the requirement would be the fastest way to relieve the gas shortage in the near term.

As you may know, in the wake of the blackout that threatened gasoline supplies, the State of Michigan recently was granted a waiver by the Environmental Protection Agency to allow the City of Detroit to sell regular gasoline instead of it own boutique blend for a week. I think Arizona has an even stronger case.

Any request for a waiver must come from you and I encourage you to submit one. I also stand ready to assist you in getting such a waiver approved by EPA forthwith.

2. The Department of Transportation can waive regulations regarding the number of hours a truck driver works in a shift.

As you know, the time drivers are allowed to spend behind the wheel is strictly regulated. Because of 8-10 hour delays in filling up tankers once they reach Tucson, many companies are now having to send two drivers down with each truck; one to drive there, one to drive back. As a result, there is a shortage of drivers.

The DOT has in the past waived driver regulations in emergency situations, for example for heating oil transporters in the Northeast when extremely cold weather prompted a shortage of home heating oil. It is my understanding that these regulations can be waived when a governor simply notifies the Federal Motor Carriers Safety Administration in writing that a regional emergency exists (see 49CFR Sec. 390.23). Such a declaration would be directed to Mr. Eric Ice at FMCSA in Phoenix (602-379-6851).

3. Publicize the Department of Energy's Gas Price Hotline (800-244-3301).

While there is no federal or Arizona law regarding price gouging, information received by the DOE through this hotline is shared with the Federal Trade Commission. The FTC cannot investigate price gouging per se, but it can investigate predatory pricing and other illicit practices under its Active Enforcement Initiative for Gasoline Pricing. It is therefore important to document any example of predatory or coordinated pricing that can be used by the FTC in any possible investigation.

The current shortage and skyrocketing prices are hurting Arizona's economy and our quality of life. We simply can't afford to sit and wait. We need to take strong action now to ensure a steady supply of gasoline. I would therefore strongly encourage you to implement each of the above suggestions.

Again, I stand ready to assist you in solving this terrible problem.

Best regards,

J.D. Hayworth
Member of Congress