The U.S. Environmental Protection Agency (EPA) has issued a temporary waiver under Clean Air Act section 21l(c)(4)(C)(ii)(I), waiving the diesel sulfur requirements for certain diesel-powered highway and nonroad vehicles and nonroad equipment for 20 days within the region of Alaska above the Arctic Circle, the Alaska Department of Environmental Conservation, Division of Air Quality is issuing this No Action Assurance Memo to Air Quality to permit holders for permit conditions that require or may require the use of Ultra Low Sulfur Diesel (ULSD) where the EPA waiver, or any renewal thereof, applies.

This No Action Assurance Memo (signed on July 31, 2026) does not apply to violations of emission standards and ambient air quality protections. Operators must continue to ensure compliance with State and Federal SO2 emissions standards. The Department requests operators continue to monitor, record, and report as required by your permit.

1. Excess Emissions Reporting. Report as required by your permit any excess emissions above underlying SO2 emission standards as required by any excess emissions reporting conditions in your permit.
2. Permit Deviations Reporting. Submit a record of any permit deviations pursuant this memo with your required facility operating reports.

If you have questions, please feel free to reach out to us through your regularly assigned inspector. If you have questions about who that is, please see our Department website at http://dec.alaska.gov/air/air-compliance/contacts .  

As the situation continues to evolve, the Department may issue additional guidance to address further questions or situations that arise related to air quality requirements.