State of Alaska Petition for Exemption from Diesel Fuel Sulfur Requirement

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5555-4]

State of Alaska Petition for Exemption from Diesel Fuel Sulfur

Requirement

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed decision.

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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 requirments in setion 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 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 action, EPA is proposing to extend 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 therfore proposing to extend

the temporary exemption unitl October 1, 1998, or until such time that

a final decision is made on the permanent exemption, whichever is

shorter.

In the final rules section of this Federal Register, EPA is issuing

this exemption as a direct final decision without prior proposal,

because EPA views this as a noncontroversial action and anticipates no

adverse comments. A detailed rationale for the proposed change is set

forth in the direct final decision. If no adverse comments are received

in response to the direct final decision, no further activity is

contemplated in relation to this proposed decision. If EPA receives

adverse comments, the direct final decision will be withdrawn and all

public comments received will be addressed in a subsequent final

decision based on this proposed decision. EPA will not institute a

second comment period on this action. Any parties interested in

commenting on this notice should do so at this time.

DATES: Comments on this proposed decision must be received by September

18, 1996.

ADDRESSES: Written comments on this proposed action should be addressed

to Public Docket No. A-96-26, Waterside Mall (Room M-1500),

Environmental Protection Agency, Air Docket Section, 401 M Street,

S.W., Washington, D.C. 20460. Documents related to this rule have been

placed in the public docket and may be inspected 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 material. Those wishing to notify EPA of

their intent to submit adverse comment or request an opportunity for a

public hearing on this action should contact Paul N. Argyropoulos, U.S.

Environmental Protection Agency, Office of Air and Radiation, (202)

233-9004.

FOR FURTHER INFORMATION CONTACT:

Paul N. Argyropoulos, Environmental Protection Specialist, U.S.

Environmental Protection Agency, Office of Air and Radiation, (202)

233-9004.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Entities potentially regulated by this action are refiners,

marketers, distributors, retailers and wholesale purchaser-consumers of

diesel fuel. Regulated entities would include the following:

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Category Examples of regulated entities

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Industry............................ Petroleum refiners, distributors,

marketers, retailers (service

station owners and operators),

wholesale purchaser-consumers

(fleet managers who operate a

refueling facility to refuel

motor vehicles).

Citizens............................ Any owner or operator of a diesel

motor vehicle.

Government.......................... Federal facilities, including

military bases, who operate a

refueling facility to refuel

motor vehicles.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that EPA is now aware

could be potentially regulated by this action. Other types of entities

not listed in the table could also be regulated. To determine whether

your entity is regulated by this action, you should carefully examine

section 80.29 of the Code of Federal Regulations.

For additional information, see the direct final decision published

in this Federal Register.

List of Subjects in 40 CFR Part 80

Environmental protection, Air pollution control, Diesel fuel, Motor

vehicle pollution.

Dated: August 12, 1996.

Carol M. Browner,

Administrator.

[FR Doc. 96-21079 Filed 8-16-96; 8:45 am]

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