E­
Mail
From:
Jeff
Herzog
04/
05/
2004
02:
01
PM
To:
"
Kurt
H.
Strauss"
<
kstrauss@
maine.
rr.
com>
cc:
Subject:
Envisioned
Heating
Oil
Marker
Requirements
under
EPA's
Upcoming
Off­
Highway
Diesel
Rule
Kurt,

The
map
attached
below
illustrates
our
current
thinking
regarding
the
boundaries
of
the
exclusion
area
under
the
upcoming
NRLM
final
rule.
High
sulfur
NRLM
under
the
program's
flexibility
provisions
could
not
be
sold
in
the
shaded
area.
This
would
allow
us
to
differentiate
heating
oil
from
NRLM
fuel
by
sulfur
content
in
the
shaded
exclusion
area.
Hence,
we
would
not
need
to
require
that
heating
oil
sold
in
the
exclusion
area
contain
the
marker.
Since
high
sulfur
NRLM/
LM
could
be
sold
outside
of
the
exclusion
area
under
the
rule's
flexibility
provisions,
heating
oil
sold
outside
of
the
exclusion
area
would
need
to
be
marked.
The
areas
that
would
be
excluded
from
the
marker
requirement
and
where
the
sale
of
fuel
manufactured
under
the
credit
and
hardship
provisions
would
be
prohibited
are:
North
Carolina,
Virginia,
Maryland,
Delaware,
New
Jersey,
Connecticut,
Rhode
Island,
Massachusetts,
Vermont,
New
Hampshire,
Maine,
Washington
D.
C.,
New
York
(
except
for
the
counties
of
Chautauqua,
Cattaraugus,
and
Allegany),
Pennsylvania
(
except
for
the
counties
of
Erie,
Warren,
Mc
Kean,
Potter,
Cameron,
Elk,
Jefferson,
Clarion,
Forest,
Venango,
Mercer,
Crawford,
Lawrence,
Beaver,
Washington,
and
Greene),
and
the
eight
Eastern­
most
counties
in
West
Virginia
(
namely:
Jefferson,
Berkely,
Morgan,
Hampshire,
Mineral,
Hardy,
Grant,
and
Pendleton).
We
are
in
discussions
with
fuel
producers
and
distributors
that
may
result
in
an
adjustment
to
the
boundary
of
the
exclusion
area
in
the
South.
Depending
on
the
outcome
of
these
disucussions,
parts
of
North
Carolina
and
Virginia
may
be
removed
from
the
exclusion
area.

Our
current
thinking
regarding
the
heating
oil
marker
is
that
it
would
be
required
to
be
added
to
heating
oil
outside
of
the
exclusion
area
and
Alaska
at
6
mg
per
liter
before
the
heating
oil
leaves
the
terminal.
We
would
also
require
that
any
fuel
which
contains
the
heating
oil
marker
also
contain
visible
evidence
of
red
dye.
The
IRS
red
dye
requirement
will
also
ensure
that
any
heating
oil
contains
red
dye.
After
2010,
we
envision
that
there
would
no
longer
be
an
EPA
refinery
gate
red
dye
requirement
(
visible
trace).
From
2007
through
2010,
EPA's
current
refinery
gate
red
dye
requirement
would
remain
in
force
for
>
500
ppm
diesel
fuel.

Let
me
know
if
you
have
any
additional
questions.

Best
regards
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
