![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20081108091151im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Direct Final Rule and Notice of Proposed Rulemaking for Amendments to the Nonroad and Highway Diesel Fuel Regulations
EPA420-F-06-033, April 2006
Read this Regulatory Announcement in PDF format. (4 pp, 1MB, About PDF Files)
- Background
- Amendments
- Benefits of EPA's Technical Amendments
- Costs
- Public Participation Opportunities
- For More Information
Background
In January 2001 and in June 2004, EPA finalized the Highway Diesel and Nonroad Diesel Rules, respectively, which will implement more stringent standards for new diesel engines and fuels. The rules mandate the use of lower sulfur fuels in diesel engines beginning in 2006 for highway diesel fuel, and 2007 for nonroad diesel fuel. These fuels will enable the use of aftertreatment technologies for new diesel engines, which can reduce harmful emissions by 90 percent or more. Aftertreatment technologies will start phasing into the diesel sector beginning in 2007 for highway and 2011 for nonroad. These programs will yield significant, long-term benefits for public health and the environment.
In addition to two subsequent amendments containing clarifications to the rules, we are publishing this Direct Final Rule to make minor changes to assist entities in complying with our diesel fuel rules. Ongoing discussions with stakeholders during the program implementation phase identified the need for additional changes such as providing a temporary increase in the sulfur testing tolerance, amending the designate-and-track provisions to account for non-petroleum diesel fuels (i.e., biodiesel) and fuel that meets California’s diesel fuel standards, and amending the alternative defense provisions to account for conductivity additives and red dye. This rule will make all of these modifications and help ensure compliance with EPA’s diesel fuel regulations.
Amendments
EPA intends to finalize the following items:
- A temporary increase in the sulfur testing tolerance.
- Modification of the designate-and-track provisions text to account for biodiesel and other non-petroleum diesel fuels and fuel that meets California’s standards.
- Amendments to the alternative defense provisions to account for red dye and conductivity additives.
- Corrections and other minor changes to ensure that the regulations are consistent, which will help to clarify portions of the regulations to better facilitate compliance--including the allowance for some cross-CTA credit trading for early diesel credits.
Benefits of the Technical Amendments
The temporary increase in the sulfur testing tolerance and the amendments to the alternative defense provisions will provide for an additional compliance assurance margin for regulated entities.
- The modification of the designate-and-track provisions will decrease the burden on some regulated entities and also will allow for the use of biodiesel (and other non-petroleum diesel fuels).
- The correction of errors and omissions will help to clarify portions of the regulations to better facilitate compliance with the Highway and Nonroad Diesel rules.
Costs
EPA anticipates that costs associated with these technical amendments will be negligible, if there are any costs at all. (The reduction in the reporting burden for some entities may actually reduce costs for these entities.)
Public Participation Opportunities
We do not anticipate adverse comments on this rule nor do we currently plan to hold a hearing, as the technical amendments are generally minor clarifications and corrections. These technical amendments will assist parties throughout the fuel refining and distribution system in complying with the diesel regulations. Further, we have worked with regulated entities and interested parties regarding these amendments. None of the technical amendments in this rule will adversely affect regulated entities or the environment; they will merely clarify, and help to facilitate compliance with, the regulations. However, we have published a parallel Notice of Proposed Rulemaking along with the Direct Final Rulemaking in the event that we receive adverse comments. (If we receive adverse comment on one or more distinct amendments, paragraphs, or sections of the technical amendments being finalized in this rulemaking, or receive a request for hearing, we will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn due to adverse comment.)
For More Information
NOTE: You will need Adobe Acrobat Reader, available as a free download, to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.
You can access this Direct Final Rule and related documents on EPA’s Office of Transportation and Air Quality Web site at:
Additional information on the Highway Diesel and Nonroad Diesel Rules is available at the following Web sites:
- Highway Diesel Rule:
Web site: http://www.epa.gov/otaq/highway-diesel/index.htm
Preamble: http://www.epa.gov/otaq/regs/hd2007/frm/frdslpre.pdf (134 pp, 1.4MB, January 2001)
Regulations: http://www.epa.gov/otaq/regs/hd2007/frm/frdslreg.pdf (59 pp, 560KB, January 2001) - Nonroad Diesel Rule:
Web site: http://www.epa.gov/nonroad-diesel/2004fr.htm
Preamble and Regulations: http://www.epa.gov/otaq/url-fr/fr29jn04.pdf (317 pp, 3.4MB, June 2004) - July 2005 Technical Amendment to the Highway and Nonroad
Diesel Rules (published July 15, 2005):
Web site: http://www.epa.gov/otaq/regs/fuels/diesel/diesel.htm#amend
Preamble & Regulations: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-13781.pdf (11 pp, 112KB, July 2004) - November 2005 Technical Amendment to the Highway and Nonroad
Diesel Rules (published November 22, 2005):
Web site: http://www.epa.gov/otaq/regs/fuels/diesel/diesel.htm#dfr-concurrent
Preamble & Regulations: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-22807.pdf (16 pp, 126KB, November 2005) - Additional compliance help on diesel regulations:
http://www.epa.gov/cleandiesel/comphelp.htm