[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR69.51]

[Page 206-207]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 69_SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT--Table
 
                            Subpart E_Alaska
 
Sec.  69.51  Motor vehicle diesel fuel.


    (a) Definitions. (1) Areas accessible by the Federal Aid Highway 
System are the geographical areas of Alaska designated by the State of 
Alaska as being accessible by the Federal Aid Highway System.
    (2) Areas not accessible by the Federal Aid Highway System are all 
other geographical areas of Alaska.
    (b) 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), the dye provisions of 40 CFR 80.29(a)(3) and (b) and the 
motor vehicle diesel fuel standards and dye provisions under 40 CFR 
80.520 and associated requirements until the implementation dates of 40 
CFR 80.500 for refiners and importers, until September 1, 2006 for all 
downstream parties other than retailers and wholesale purchaser-
consumers, and until October 15, 2006 for retailers and wholesale 
purchaser-consumers, provided that:
    (1) The fuel is segregated from nonexempt diesel fuel from the point 
of such designation;
    (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.''; 
and,
    (3) After June 1, 2006 and prior to the implementation dates 
specified above, diesel fuel represented by a downstream party as 
meeting the 500 ppm sulfur standard or the 15 ppm sulfur standard for 
highway diesel fuel shall be subject to and must meet such standard.
    (c) Beginning on the implementation dates specified in paragraph (b) 
of this section, motor vehicle diesel fuel that is designated for use in 
areas of Alaska accessible by the Federal Aid Highway System, or is used 
in areas of Alaska accessible by the Federal Aid Highway System, 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.
    (d) From the implementation dates specified in paragraph (b) of this 
section, until the implementation dates specified in paragraph (e) of 
this section, motor vehicle diesel fuel that is designated for use in 
areas of Alaska not accessible by the Federal Aid Highway System, and is 
used in areas of Alaska not accessible by the Federal Aid Highway 
System, is exempt from the sulfur standard of 40 CFR 80.29(a)(1), the 
dye provisions of 40 CFR 80.29(a)(3) and (b), and the motor vehicle 
diesel fuel standards and dye provisions under 40 CFR 80.520 and 
associated requirements, provided that:
    (1) The exempt fuel is not used in model year 2007 and later highway 
vehicles and engines,
    (2) The exempt fuel is segregated from nonexempt highway diesel fuel 
from the point of such designation; and
    (3) On each occasion that any person transfers custody or title to 
the exempt 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 fuel is for 
use only in those areas of Alaska not accessible by the FAHS.''
    (4) The exempt fuel must meet the labeling requirements under Sec.  
80.570, except the following language shall be substituted for the 
language on the labels:

[[Page 207]]

      ``HIGH SULFUR DIESEL FUEL (may be greater than 15 Sulfur ppm)

                                 WARNING

Federal Law prohibits use in model year 2007 and later highway diesel 
vehicles and engines. Its use may damage these vehicles and engines.''

    (e) Beginning on the following implementation dates, motor vehicle 
diesel fuel that is designated for use in areas of Alaska not accessible 
by the Federal Aid Highway System, or is used in areas of Alaska not 
accessible by the Federal Aid Highway System, 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:
    (1) June 1, 2010 for diesel fuel produced or imported by any refiner 
or importer;
    (2) August 1, 2010 at all downstream locations, except at retail 
outlets and wholesale-purchaser consumers;
    (3) October 1, 2010 for:
    (i) Retail outlets and wholesale-purchaser consumers, or
    (ii) Downstream locations which include retail outlets and 
wholesale-purchaser consumers; and,
    (4) December 1, 2010 at all locations.

[71 FR 32462, June 6, 2006]