1
Jeff
Herzog
01/
15/
2004
10:
45
AM
To:
JRobinson@
AMREF.
com
cc:
Subject:
Request
for
you
input
on
concept
under
EPA's
upcoming
off­
highway
diesel
rule
John,
Following
is
a
draft
concept
re
how
we
might
balance
terminal
operator
concerns
re
limiting
the
need
to
install
additional
injection
equipment
to
add
a
marker
to
heating
oil
(
and
the
volume
of
heating
oil
that
must
be
marked)
and
our
desire
to
maintain
the
intended
small
refiner
flexibilities
under
EPA's
upcoming
non­
highway
diesel
(
nonroad,
loco,
and
#
2
marine)
rule:

The
area
that
would
be
excluded
from
the
marker
requirement
and
thus
in
which
the
sale
of
fuel
manufactured
under
the
credit
and
hardship
(
including
small
refiner)
provisions
of
the
offhighway
rule
would
be
prohibited
would
be:
North
Carolina,
Virginia,
Maryland,
Delaware,
New
Jersey,
Connecticut,
Rhode
Island,
Massachusetts,
Vermont,
New
Hampshire,
Maine,
Washington
D.
C.,
New
York
except
for
the
following
counties
of,
Chautauqua,
Cattaraugus,
and
Allegany,
and
Pennsylvania
except
for
the
counties
of
Erie,
Warren,
Forest,
Elk,
Cameron,
Potter,
and
McKean.
The
area
(
shaded
green)
is
illustrated
in
the
following
figure:
2
The
area
in
which
the
heating
oil
marker
would
be
required
to
be
added
at
terminals
(
and
refinery
racks),
and
consequently
in
which
small
refiner
and
credit
fuel
could
be
sold
is
the
unshaded
area
in
the
above
map.
Note
that
refiners
in
the
unshaded
area
could
sell
marked
heating
oil
to
customers
in
the
shaded
as
well
as
the
unshaded
areas.
I
would
appreciate
your
input
on
how
well
the
above
concept
would
preserve
the
intended
small
refiner
flexibilities
under
the
off­
highway
diesel
rule
wrt
the
operations
of
American
Refining.
Any
information
that
you
might
be
able
to
provide
re
the
extent
of
your
nonroad,
locomotive,
and
marine
fuel
marketing
area
would
be
very
useful
in
our
consideration
of
where
to
draw
the
boundary
of
the
area.
Please
clearly
mark
any
materials
that
you
might
provide
to
us
which
you
consider
confidential
as
CBI.
Anything
not
labeled
as
CBI
will
be
placed
in
the
public
docket.
We
are
currently
in
the
process
of
preparing
a
draft
final
rule
for
review
by
the
Office
of
Management
and
Budget.
Therefore,
we
would
appreciate
working
through
this
issue
with
you
at
your
earliest
convenience.

Thanks
for
your
consideration
Jeffrey
A.
Herzog,
Mechanical
Engineer
United
States
Environmental
Protection
Agency
National
Vehicle
and
Fuel
Emissions
Laboratory
Assessment
and
Standards
Division
2000
Traverwood
Drive
Ann
Arbor,
Michigan,
48105
Phone:
(
734)
214­
4227
Fax:
(
734)
214­
4816
E­
Mail:
herzog.
jeff@
epa.
gov
