[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
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 nonexempt 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 under 40 CFR 80.500, motor 
vehicle 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 40 CFR 69.52(c), (d), and (e) for 
commingled motor vehicle and non-motor vehicle diesel fuel.
    (c) The Governor of Alaska may submit for EPA approval, by April 1, 
2002, a plan for implementing the motor vehicle diesel fuel sulfur 
standard in Alaska as an alternative to the temporary compliance option 
provided under 40 CFR 80.530 through 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 paragraph (b) of this section.

[69 FR 39165, June 29, 2004]