It was discussed in the preamble to the final highway rule to allow case-by-case looking at a variety of factors (see pages 5073 and 5077, foot note). Unfortunately the provisions never made it into the regulations. We will be doing minor rule changes on this to mirror the preamble language.
Question and Answer was originally posted at http://www.epa.gov/otaq/diesel/documents/420b06010.pdf
How do you establish a baseline for a small refiner, who has never produced on road diesel but wants to delay low sulfur gasoline equipment and build low sulfur diesel equipment first?
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