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State of Alaska Petition for Exemption From Diesel Fuel Sulfur Requirement

 [Federal Register: August 19, 1996 (Volume 61, Number 161)]
[Rules and Regulations]
[Page 42812-42817]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]




ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-5555-5]
 
State of Alaska Petition for Exemption From Diesel Fuel Sulfur 
Requirement

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of direct final decision.




SUMMARY: On March 14, 1994, EPA granted the State of Alaska a waiver 
from the requirements of EPA's low sulfur diesel fuel program, 
permanently exempting Alaska's remote areas and providing a temporary 
exemption for areas of Alaska served by the Federal Aid Highway System 
(FAHS). The exemption applied to certain requirements in section 211(i) 
and (g) of the Clean Air Act, as implemented in EPA's regulations. 
These exemptions were based on EPA's determination that it would be 
unreasonable to require persons in these areas to comply with the low 
sulfur diesel fuel requirements due to unique geographical, 
meteorological and economic factors for

[[Page 42813]]

Alaska, as well as other significant local factors.
    The temporary exemption for the areas of Alaska served by the FAHS 
will expire on October 1, 1996. On December 12, 1995, the Governor of 
Alaska petitioned EPA to permanently exempt the areas covered by the 
temporary exemption. In this decision EPA is extending the temporary 
exemption for an additional 24 months, but reserving a final decision 
on whether it should be permanent.

    Based on the factors and conditions identified in Alaska's December 
12, 1995 petition, a continuation of the exemption is warranted at 
least temporarily. However, EPA believes that recent comments submitted 
to the agency merit further investigation before making a final 
decision on a permanent exemption. EPA is therefore extending the 
temporary exemption until October 1, 1998, or until such time that a 
final decision is made on the permanent exemption, whichever is 
shorter.

    This decision will continue the current status in Alaska. It is not 
expected to have a significant impact on the ability of Alaska's 
communities to attain the National Ambient Air Quality Standards for 
carbon monoxide and particulate matter, based on the limited 
contribution of emissions from diesel motor vehicles in those areas and 
the sulfur level currently found in motor vehicle diesel fuel used in 
Alaska.

DATES: This action will become effective October 3, 1996 unless adverse 
comments or a request for a public hearing are received by September 
18, 1996. If EPA receives such comments or a request for a public 
hearing, EPA will publish a timely notice in the Federal Register 
withdrawing this rule.

ADDRESSES: Copies of information relevant to this petition are 
available for inspection in public docket A-96-26 at the Air Docket of 
the EPA, first floor, Waterside Mall, room M-1500, 401 M Street S.W., 
Washington, D.C. 20460, (202) 260-7548, between the hours of 8:00 a.m. 
to 5:30 p.m. Monday through Friday. A reasonable fee may be charged for 
copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. Paul N. Argyropoulos, 
Environmental Protection Specialist, Fuels Implementation Group, Fuels 
and Energy Division (6406J), 401 M Street S.W., Washington, D.C. 20460, 
(202) 233-9004.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Regulated Entities

II. Electronic Copies of Rulemaking Documents
III. Background

IV. Petition for Exemption

V. Decision for Extending Current Temporary Exemption
VI. Public Participation

VII. Statutory Authority

VIII. Administrative Designation and Regulatory Analysis
IX. Compliance With the Regulatory Flexibility Act
X. Paperwork Reduction Act

XI. Submission to Congress and the General Accounting Office
XII. Unfunded Mandates Act

I. Regulated Entities

    Entities potentially regulated by this action are refiners, 
marketers, distributors, retailers and wholesale purchaser-consumers of 
diesel fuel. Regulated categories and entities include:



                          Category                                      Examples of regulated entities          
                                                               (service station owners and operators), wholesale
                                                               purchaser consumers (fleet managers who operate a
                                                               refueling facility to refuel motor vehicles).    
                                                               operate a refueling facility to refuel motor     
                                                               vehicles.

 
 

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