EPA Allows Affirmative|Defense for Excess Sulfur

WASHINGTON (CN) - The Environmental Protection Agency has amended its diesel sulfur regulations to allow refiners, importers, distributors, and retailers of highway diesel fuel the option to use an alternative affirmative defense if the agency finds highway diesel fuel samples above the specified sulfur standard at retail facilities.

Currently regulations require that diesel fuel contain no more than 15 parts per million of sulfur (called Ultra-Low Sulfur Diesel or ULSD highway diesel fuel) for the emissions control systems on semi-trucks to function properly, and to prevent damaging them.

The alternative defense consists of a comprehensive program of quality assurance sampling and testing for all participating companies that produce and, or distribute highway diesel fuel. The sampling and testing program would be carried out by an independent surveyor. The program would be conducted under a survey plan approved by the EPA designed to achieve the same objectives as the current regulatory quality assurance requirement.

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