State of Alaska Petition for Exemption From Diesel Fuel Sulfur Requirement

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 requirements in section 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 decision EPA is extending 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 therefore extending the temporary exemption until October 1, 1998, or until such time that a final decision is made on the permanent exemption, whichever is shorter. This decision will continue the current status in Alaska. It is not expected to have a significant impact on the ability of Alaska's communities to attain the National Ambient Air Quality Standards for carbon monoxide and particulate matter, based on the limited contribution of emissions from diesel motor vehicles in those areas and the sulfur level currently found in motor vehicle diesel fuel used in Alaska.