Citing an "extreme and unusual fuel supply circumstance" in New Jersey, Environmental Protection Agency (EPA) Administrator Lisa Jackson has issued a second diesel sulfur waiver for the state of New Jersey. The waiver will allow limited use of diesel fuel higher than 15-ppm for both highway and non-highway uses to be used as the State of New Jersey determines.
The waiver is effective immediately and will continue through November 20, 2012.
The EPA has placed the following limitations on the waiver:
•The categories of diesel-powered highway and non-road equipment (e.g., utility service vehicles, ambulances and fire trucks) and fueling stations eligible under the waiver shall be designated by the State of New Jersey.
•The non-ULSD fuel is used in model year 2006 and earlier highway diesel-powered vehicles.
•The non-ULSD fuel is used in model year 2010 or earlier non-road vehicles and non-road equipment or any non-road vehicles or equipment above 750 horsepower.
•ULSD fuel is not reasonably available for use in the vehicle or equipment.
•The non-ULSD fuel is not used in any diesel-powered highway and non-road vehicles and non-road equipment that is equipped with a diesel particulate filter or catalytic emission control technology.
•The non-ULSD fuel is segregated from any fuel that is sold or labeled as ULSD fuel until the non-ULSD fuel is used in the highway vehicle or equipment.
•To prevent or minimize instances of misfueling, persons dispensing non-ULSD fuel under the waiver must provide the following warning to diesel-powered highway and non-road vehicles and non-road equipment owners and operators using non-ULSD fuel:
“WARNING: USE OF DIESEL FUEL EXCEEDING THE 15PPM SULFUR STANDARD IN ANY VEHICLE/ENGINE EQUIPPED WITH A DIESEL PARTICULATE FILTER OR CATALYTIC EMISSION CONTROL DEVICE MAY CAUSE SERIOUS DAMAGE TO THE VEHICLE/ENGINE AND ITS EMISSION CONTROL COMPONENTS. ANY PARTY THAT USES ANY FUEL ALLOWED UNDER THE WAIVER ASSUMES ALL RESPONSIBILITY FOR DAMAGE TO ENGINE/VEHICLE.”
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