[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR69.51]

[Page 206]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 69 - SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT--Table of Contents
 
                         Subpart E - Alaska
 
Sec. 69.51  Motor vehicle diesel fuel.


    (a) Diesel fuel that is designated for use only in Alaska and is 
used only in Alaska, is exempt from the sulfur standard of 40 CFR 
80.29(a)(1) and the dye provisions of 40 CFR 80.29(a)(3) and 40 CFR 
80.29(b) until the implementation dates of 40 CFR 80.500, provided that:
    (1) The fuel is segregated from non-exempt diesel fuel from the 
point of such designation; and
    (2) On each occasion that any person transfers custody or title to 
the fuel, except when it is dispensed at a retail outlet or wholesale 
purchaser-consumer facility, the transferor must provide to the 
transferee a product transfer document stating:

    This diesel fuel is for use only in Alaska. It is exempt from the 
federal low sulfur standards applicable to highway diesel fuel and red 
dye requirements applicable to non-highway diesel fuel only if it is 
used in Alaska.

    (b) Beginning on the implementation dates in 40 CFR 80.500, diesel 
fuel that is designated for use in Alaska or is used in Alaska, is 
subject to the applicable provisions of 40 CFR Part 80, Subpart I, 
except as provided under paragraph (c) of this section. The Governor of 
Alaska may submit for EPA approval, by April 1, 2002, a plan for 
implementing the sulfur standard in Alaska as an alternative to the 
temporary compliance option provided under Sec.Sec. 
80.530-80.532. If EPA approves an alternative plan, the provisions as 
approved by EPA under that plan shall apply to the diesel fuel subject 
to this paragraph (b).
    (c) If such diesel fuel is designated as fuel that does not comply 
with the standards and requirements for motor vehicle diesel fuel under 
40 CFR Part 80, Subpart I, it is exempt from the dye presumption of 40 
CFR 80.520(b)(2) provided that:
    (1) The fuel is segregated from all motor vehicle diesel fuel.
    (2) On each occasion that any person transfers custody or title to 
the fuel, except when it is dispensed at a retail outlet or wholesale 
purchaser-consumer facility, the transferor must provide to the 
transferee a product transfer document complying with the requirements 
of 40 CFR 80.590(a) through (d) and (g), and stating:

    This diesel fuel is for use only in Alaska and is not for use in 
highway vehicles. It is exempt from the red dye requirement applicable 
to non-highway diesel fuel only if it is used in Alaska.

    (3) Any pump dispensing the fuel must comply with the labeling 
requirements in 40 CFR 80.570(c).

[66 FR 5134, Jan. 18, 2001]