[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3832-3838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2231]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-5412-1]
RIN 2060-AD55
Prohibition on Gasoline Containing Lead or Lead Additives for
Highway Use
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Clean Air Act prohibits the introduction of gasoline
containing lead or lead additives into commerce for use as a motor
vehicle fuel after December 31, 1995. In today's action, EPA revises
its regulations regarding gasoline so as to prohibit the introduction
of gasoline which is produced with the use of any lead additive, or
contains more than 0.05 gram of lead per gallon, into commerce for use
as motor vehicle fuel effective January 1, 1996, remove existing
regulatory provisions which will no longer be necessary as a result of
this ban, and modify other provisions to reflect the institution of
this ban. Among the provisions deleted are recordkeeping and reporting
requirements for refiners and importers, and the requirement that motor
vehicle manufacturers place ``unleaded fuel only'' labels on the
dashboard and on or around the fuel filler inlet area of each motor
vehicle produced. EPA believes that continuance of the provisions
deleted by this rule would pose needless costs on industry in light of
the ban.
In the proposed rules Section of today's Federal Register, EPA is
proposing to issue a regulatory ban on the introduction of gasoline
which is produced with the use of any lead additive, or contains more
than 0.05 gram of lead per gallon, into commerce for use as a motor
vehicle fuel effective January 1, 1996, and to remove existing
regulatory provisions which will no longer be necessary as a result of
this ban, and modify other provisions to reflect the institution of
this ban. If adverse comment or a request for an opportunity for a
public hearing is
[[Page 3833]]
received on this direct final rule, EPA will withdraw the direct final
rule and address the comments received in a subsequent final rule on
the related proposed rule. No additional opportunity for public comment
on the leaded gasoline prohibition and related regulatory changes will
be provided.
The statutory ban goes into effect as of January 1, 1996, whether
or not EPA amends its regulations by January 1, 1996 to incorporate the
statutory ban on the introduction of gasoline containing lead or lead
additivies into commerce for use as motor vehicle fuel.
DATES: This action will become effective on March 4, 1996 unless notice
is received by February 20, 1996 from someone who wishes to submit
adverse comment or request an opportunity for a public hearing. If such
notice is received, EPA will withdraw this direct final rule, and a
timely notice will be published in the Federal Register to indicate the
withdrawal.
ADDRESSES: Materials relevant to this rulemaking have been placed in
Docket A-95-13. The docket is located at the U.S. Environmental
Protection Agency, Air Docket Section, 401 M Street, SW., Washington,
DC 20460 in Room M-1500 of Waterside Mall. Documents may be inspected
between the hours of 8:00 a.m. to 5:30 p.m., Monday through Friday. A
reasonable fee may be charged for copying docket material. Those
wishing to notify EPA of their intent to submit adverse comment or
request an opportunity for a public hearing on this action should
contact Paulina Chen, U.S. Environmental Protection Agency, Office of
Air and Radiation, (202) 233-9031.
FOR FURTHER INFORMATION CONTACT: Paulina Chen, U.S. Environmental
Protection Agency, Office of Air and Radiation, (202) 233-9031.
SUPPLEMENTARY INFORMATION: A copy of this action is available on the
OAQPS Technology Transfer Network Bulletin Board System (TTNBBS). The
TTNBBS can be accessed with a dial-in phone line and a high-speed modem
(PH# 919-541-5742). The parity of your modem should be set to none, the
data bits to 8, and the stop bits to 1. Either a 1200, 2400, 9600,
14.4K, or 28.8K baud modem should be used. When first signing on, the
user will be required to answer some basic informational questions for
registration purposes. After completing the registration process,
proceed through the following series of menus:
(M) OMS
(K) Rulemaking and Reporting
(3) Fuels
(8) Leaded fuel and engine bans
Today's action will be in the form of a ZIP file and can be
identified by the following title: LEADBAN.ZIP. To download this file,
type the instructions below and transfer according to the appropriate
software on your computer: ownload, rotocol, xamine, ew,
ist, or elp Selection or to exit: D filename.zip.
You will be given a list of transfer protocols from which you must
choose one that matches with the terminal software on your own
computer. The software should then be opened and directed to receive
the file using the same protocol. Programs and instructions for de-
archiving compressed files can be found via ystems Utilities from
the top menu, under rchivers/de-archivers. Please note that due to
differences between the software used to develop the document and the
software into which the document may be downloaded, changes in format,
page length, etc. may occur.
I. Introduction
A. Background
In the early 1970s, EPA issued regulations regarding lead in
gasoline in order to accomplish two purposes. First, EPA issued
regulations designed to ensure the availability of unleaded gasoline
for use in motor vehicles equipped with emission control systems such
as catalytic converters. EPA had determined that lead additives would
impair to a significant degree the performance of emission control
systems. 38 FR 1254 (Jan. 10, 1973). Second, EPA issued regulations
designed to gradually reduce the content of lead in leaded gasoline,
because EPA found that lead particle emissions from motor vehicles
presented a significant risk of harm to the health of urban
populations, especially children. 38 FR 33734 (Dec. 6, 1973).
The first category of regulations, which were designed to ensure
the availability of unleaded gasoline, defined unleaded gasoline as
gasoline containing not more than 0.05 gram of lead per gallon and not
more than 0.005 gram of phosphorus per gallon. 38 FR at 1255. The
Agency allowed up to 0.05 gram of lead per gallon in unleaded gasoline
because it determined this maximum trace level would provide adequate
protection for catalyst emission control devices and would be
practicable for the petroleum industry. 38 FR 1254. The current
definition of unleaded gasoline still allows for trace amounts of lead
up to 0.05 gram per gallon but expressly prohibits the use of any lead
additive in the production of unleaded gasoline. 40 C.F.R. 80.2(g).
The same 1973 regulations also limited phosphorus in unleaded
gasoline to 0.005 gram per gallon or less, because the Agency found
this maximum, set at trace levels, was necessary to prevent catalyst
deterioration in emission control systems. 38 FR 1254-55. The current
definition of unleaded gasoline still limits phosphorus to no more than
0.005 gram per gallon. 40 C.F.R. 80.2(g).
In 1973, EPA also instituted the lead phasedown program designed to
minimize the lead content of leaded gasoline. Through an orderly phase
out, including banking and trading of lead credits, and through
aggressive enforcement, the lead phasedown program was successful. By
1988, it was estimated that total lead usage in gasoline had been
reduced to less than one percent of the amount of lead used in the peak
year of 1970.1 The remaining uses of leaded gasoline in motor
vehicles are predominantly in rural areas.
\1\ Persons interested in detailed historical information may
refer to the following Federal Register notices: ``Regulation of
Fuel Additives--Advanced Notice of Proposed Rulemaking,'' 36 FR 1486
(January 30, 1971); ``Regulation of Fuels and Fuel Additives--Notice
of Proposed Rulemaking,'' 37 FR 3882 (February 23, 1972);
``Regulation of Fuels and Fuel Additives--Notice of Proposed
Rulemaking,'' 38 FR 1254 (January 10, 1973); ``Proposed Rulemaking
Concerning Availability of Unleaded Gas,'' 38 FR 28301 (October 12,
1973); ``Control of Lead Additives in Gasoline,'' 38 FR 33734
(December 6, 1973); ``Fuels and Fuel Additives--Suspension of
Enforcement of Regulations for Control of Lead Additives in
Gasoline,'' 40 FR 7480 (February 20, 1975); ``Fuels and Fuel
Additives--Lifting of Suspension of Enforcement of Regulations for
Control of Lead Additives in Gasoline,'' 41 FR 13984 (April 1,
1976); ``Regulation of Fuel and Fuel Additives--Lifting of
Suspension of Enforcement of Regulation Additives in Gasoline,'' 41
FR 28352 (July 9, 1976); ``Regulation of Fuels and Fuel Additives--
Control of Lead Additives in Gasoline,'' 41 FR 42675 (September 28,
1976); ``Lead Additives in Gasoline: Controls on Refiners,
Clarifications and Response to Public Comments,'' 41 FR 55646
(December 21, 1976); ``Regulation of Fuels and Fuel Additives: Small
Refinery Amendment--Final Rulemaking,'' 44 FR 46275 (August 7,
1979); ``Controls Applicable to Gasoline Refiners; Lead Phase-Down
Regulations--Notice of Proposed Rulemaking,'' 45 FR 3722. Also see:
``Regulation of Fuels and Fuel Additives--Proposed Rule,'' 47 FR
7812 (February 22, 1982); ``Regulation of Fuels and Fuel Additives--
Withdrawal of Proposed Rule,'' 47 FR 38070 (August 27, 1982);
``Regulation of Fuels and Fuel Additives--Final Rule,'' 47 FR 49322
(October 29, 1982).
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B. Statutory Authority
In 1990 Congress added section 211(n) to the Clean Air Act, which
provides as follows:
After December 31, 1995, it shall be unlawful for any person to
sell, offer for sale, supply, offer for supply, dispense, transport,
[[Page 3834]]
or introduce into commerce, for use as fuel in any motor vehicle (as
defined in section 7554(2) of this title) any gasoline which
contains lead or lead additives.
42 U.S.C. 7545(n). The term ``motor vehicle'' is defined to include any
self-propelled vehicle designed for transporting persons or property on
a street or highway. 42 U.S.C. 7550(2).\2\
\2\ Section 211(n) of the Clean Air Act refers to the definition
of motor vehicle in 42 U.S.C. 7554(2), but the definition appears in
section 7550(2) (section 7554 pertains to urban bus standards). EPA
believes that section 211(n) contains a typographical error and that
Congress intended to refer to the definition of motor vehicle that
appears in 42 U.S.C. 7550(2).
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Section 211(n)'s prohibition will become effective January 1, 1996.
By this action, EPA is incorporating the statutory ban into the
agency's existing regulations on the lead content of gasoline, and is
simplifying the existing regulations accordingly. In so doing, EPA had
to determine whether Congress specifically intended in section 211(n)
to ban the introduction into commerce for use in motor vehicles of
gasoline which contains even a trace amount of lead, or whether this
prohibition could reasonably be interpreted as authorizing the
continued sale of unleaded gasoline which includes the trace amount of
lead currently allowed under EPA's regulations.
As EPA interprets the statutory ban, it prohibits the sale of
gasoline which is produced with the use of any lead additive or
contains more than a trace amount of lead, but allows the continued
sale of gasoline which meets EPA's current definition of unleaded
gasoline. EPA has historically defined unleaded gasoline as gasoline
that is produced without the use of any lead additive and that contains
no more than 0.05 gram of lead per gallon.\3\ EPA interprets section
211(n) this way for the following reasons.
\3\ The regulatory definition of ``unleaded gasoline'' also
contains a cap on the amount of phosphorus, see 40 CFR 80.2(g), but
the phosphorus cap is not relevant to the discussion of section
211(n).
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Unleaded gasoline that was produced without lead additives may pick
up trace amounts of lead as it passes through refinery and transport
systems that had previously contained leaded gasoline. The language of
section 211(n) indicates no clear Congressional intent regarding such
trace amounts of lead that unintentionally exist in gasoline which was
produced without the use of lead additives. Had Congress wanted to ban
even unintentional, trace amounts of lead, it could have made its
intent clear with, for example, statutory language banning gasoline
that ``contains any lead or lead additives.''
While the text of section 211(n) is ambiguous, its heading and the
heading of section 220 of the 1990 amendments, which added section
211(n) to the Clean Air Act, suggest that Congress intended to ban the
use in motor vehicles of leaded gasoline, which EPA has historically
defined as gasoline that is produced with the use of a lead additive or
that contains more than 0.05 gram of lead per gallon. See 40 CFR
80.2(f). Where headings are enacted by Congress in conjunction with the
statutory text and the meaning of the text is ambiguous, headings may
help elucidate congressional intent. E.g., United States v. Wallington,
889 F.2d 573, 577 (5th Cir. 1989). In this instance, the heading of
section 220 of the 1990 amendments reads ``Lead Phasedown'' while the
heading of section 211(n) reads ``Prohibition on Leaded Gasoline for
Highway Use.'' Clean Air Act Amendments of 1990, Pub. L. No. 101-549,
Sec. 220, 104 Stat. ____, 2500 (1990). Since it is presumed that
Congress was familiar with EPA's existing regulations implementing the
phasedown of lead in leaded gasoline,\4\ these headings suggest that
Congress intended to complete the lead phasedown program by banning the
use in motor vehicles after 1995 of gasoline that is produced with the
use of a lead additive or that contains more than 0.05 gram of lead per
gallon.
\4\ Congress is presumed to be familiar with an agency's
construction of the existing provisions of a statute when Congress
amends the statute. N. Singer, Sutherland Statutes and Statutory
Construction, Sec. 22.35 (5th Ed. 1992).
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The legislative history of the Clean Air Act Amendments of 1990
supports this interpretation of Congress's intent in adding section
211(n) to the Clean Air Act. While the conference report for the 1990
amendments contains no explanation of section 220, the ``Chafee-Baucus
Statement of Senate Managers,'' which was included in the Congressional
Record at the request of Senators Chafee and Baucus to supplement the
conference report, describes the provision as banning ``the sale of
leaded gasoline * * *.'' 136 Cong. Rec. S16,938 (Oct. 27, 1990). This
evidence supports EPA's conclusion that section 211(n) may reasonably
be interpreted as banning in 1996 the introduction into commerce for
use as a motor vehicle fuel all gasoline that is produced with the use
of any lead additive or that contains more than 0.05 gram lead per
gallon. See Chevron, USA v. NRDC, 467 U.S. 837 (1984).
EPA originally issued regulations mandating the availability of
unleaded gasoline for use in motor vehicles containing catalytic
converters or similar emission control devices under section 211(c) of
the Clean Air Act, which authorizes the Administrator to control the
manufacture, introduction into commerce, offering for sale, or sale of
any fuel additive for use in a motor vehicle if the emission products
of such additive will impair to a significant degree the performance of
any emission control device. 42 U.S.C. 7545(c)(1). The definition of
``unleaded gasoline'' which EPA finalized at that time and which
remains in effect today includes a phosphorus cap of not more than
0.005 gram per gallon because phosphorus above this trace level could
cause catalyst deterioration in emission control systems. EPA's actions
in this rule do not change its prior exercise of authority under
section 211(c) to control the amount of phosphorus in gasoline.
EPA also promulgates this final rule pursuant to its authority
under section 301(a) of the Clean Air Act, 42 U.S.C. 7601(a).
C. Availability of Gasoline Containing Lead or Lead Additives for Uses
Other Than as Motor Vehicle Fuel
Section 211(n) bans the use of gasoline containing lead or lead
additives for use as a motor vehicle fuel but does not restrict other
potential uses of gasoline containing lead or lead additives. The
definition of motor vehicle is limited to self-propelled vehicles
designed for transporting persons or property on a street or highway.
42 U.S.C. 7550(2). The regulations of 40 CFR Part 80, which are amended
by this rule, apply only to fuel that is sold for use in motor
vehicles. See 40 CFR 80.2(c). The petroleum industry may continue to
make and market gasoline produced with lead additives for all remaining
uses, including use as fuel in aircraft, racing cars, and nonroad
engines such as farm equipment engines and marine engines, to the
extent otherwise allowed by law.
II. Description of Today's Rule
Today's direct final rule amends 40 CFR Part 80 to prohibit the
introduction into commerce for use as a motor vehicle fuel after
December 31, 1995 of gasoline which is produced with the use of any
lead additive, or contains more than 0.05 gram of lead per gallon, in
accordance with section 211(n) of the Clean Air Act. Because the
existing regulations at 40 CFR Part 80 currently allow the sale of
leaded gasoline for use as a motor vehicle fuel, and the prohibition in
Section 211(n) makes some of Part 80's requirements unnecessary, this
rule also deletes the provisions which are no longer needed, and
modifies other provisions to reflect the institution of the ban.
[[Page 3835]]
A detailed description of this rule's changes to 40 CFR Part 80 is
offered below. This rule becomes effective on March 4, 1996 and all
changes discussed below become effective on that date.
A. Prohibition on the Sale of Gasoline Which is Produced With the Use
of Any Lead Additive or Contains More Than 0.05 Gram of Lead Per Gallon
In accordance with the statutory ban set forth in section 211(n) of
the Clean Air Act, this rule adds a paragraph (b) to section 80.22 that
prohibits introducing into commerce for use as fuel in motor vehicles
gasoline which is produced with the use of any lead additive or
contains more than 0.05 gram of lead per gallon. As explained above,
EPA will permit an unintentional trace level of lead in motor vehicle
fuel. Also, the term ``lead additive'' as defined in section 80.2(e)
encompasses pure lead as well as lead compounds, so that the ban in
section 80.22(b) will cover gasoline produced with the use of pure lead
as well as lead compounds.
B. Related Changes
Several of Part 80's existing provisions will become unnecessary
once the statutory ban on the use of gasoline containing lead or lead
additives as a motor vehicle fuel goes into effect on January 1, 1996.
Accordingly, this rule deletes or revises the following provisions
effective March 4, 1996.
Section 80.2(f). Section 80.2(f) currently contains the definition
of leaded gasoline and is deleted. The definition of leaded gasoline is
no longer necessary in regulations relating to motor vehicle fuels once
the statute's ban on using gasoline containing lead or lead additives
as motor vehicle fuel goes into effect.
Section 80.7. Section 80.7 currently explains the extent to which
EPA may require persons to provide information to EPA when EPA has
reason to believe that a violation of section 211(c) of the Clean Air
Act and the regulations thereunder has occurred. This rule amends
section 80.7 to include a reference to violations of section 211(n) of
the Clean Air Act and the regulations thereunder. It also deletes the
reference to labels and signs in section 80.7(c), because these items
will no longer be required under section 80.22 (see discussion of
section 80.22).
Section 80.20. This rule deletes section 80.20 in its entirety.
Section 80.20 contains provisions related to the phasedown of lead
content in gasoline produced for use in motor vehicles which will
become obsolete once the sale of gasoline containing lead or lead
additives for use in motor vehicles is banned. The provisions specify
interim phases of lead reduction, reporting requirements for refiners
and importers to show compliance with the lead content restrictions,
and provisions allowing inter-refinery averaging and banking of lead
usage rights.
Section 80.21. This rule deletes section 80.21 in its entirety.
Section 80.21 contains controls applicable to gasoline distributors
similar to the provisions in 80.22. For simplification, these
provisions will be consolidated in the general controls and
prohibitions under 80.22.
Section 80.22. This rule changes the title of section 80.22 to
reflect the consolidation of sections 80.21 and 80.22. The title will
be changed from ``Controls applicable to gasoline retailers and
wholesale purchaser-consumers'' to ``Controls and prohibitions.''
Section 80.22(a). This rule modifies section 80.22(a) to reflect
the simultaneous removal of both the definition of leaded gasoline (see
discussion of section 80.2(f)) and the requirement to label motor
vehicles ``unleaded gasoline only'' (see discussion of section 80.24).
Section 80.22(d) and (e). This rule deletes section 80.22(d), which
requires notices at each gasoline pump stand prohibiting the
introduction of leaded gasoline into motor vehicles designed for
unleaded gasoline. This rule also deletes section 80.22(e), which
requires that gasoline pumps be labelled to identify whether they
contain leaded or unleaded gasoline.
EPA believes that these requirements are no longer necessary to
prevent misfueling. Leaded gasoline has been largely phased out and now
accounts for less than one percent of gasoline sold in urban areas.
EPA's discussions with the gasoline refiners which produced leaded
gasoline in 1995 have revealed that all but one refiner have already
ceased to produce gasoline with the use of lead additives. One refiner
continues to produce leaded fuel for nonroad uses. Many fuel pumps
dispensing gasoline used in nonroad applications are not located at
retailers and wholesale purchaser-consumers, although some fuel pumps
dispensing racing fuel may be located at retailers and wholesale
puchaser-consumers. EPA believes it unlikely that misfueling of motor
vehicles with gasoline which is produced with the use of any lead
additive, or contains more than 0.05 gram of lead per gallon, will
occur at these locations, because such gasoline costs significantly
more than unleaded gasoline. For example, racing fuel currently costs
around five dollars per gallon.
Section 80.22(f). Section 80.22(f) regulates nozzle spout sizes of
pumps dispensing gasoline. First, the dates in this section are
modified to reflect the institution of this ban. Second, paragraph
80.22(f)(1) contains the requirement for the nozzle size of pumps
dispensing leaded gasoline, and this requirement will no longer be
necessary because gasoline containing lead or lead additives will no
longer be permitted to be dispensed into motor vehicles as a result of
the statutory ban. Although leaded fuel will still be available for
nonroad uses, EPA currently does not regulate the nozzle sizes on pumps
dispensing such fuel. Therefore, this rule deletes paragraph
80.22(f)(1). EPA is retaining a nozzle size requirement for dispensing
unleaded gasoline in paragraph 80.22(f)(2) in order to ensure that
nozzles function properly in conjunction with the motor vehicle fuel
inlet restrictors, which must be of a certain size per the requirement
of section 80.24(b).
Sections 80.22(g) and (h). Sections 80.22(g) and (h) refer to
compliance with sections 80.22(e) and (f) for multiple grades of
gasoline. These sections' references to 80.22(e) are irrelevant because
this rule deletes that subsection. With respect to paragraph (f),
section 80.22(g) permits the Administrator to grant an exception to the
requirement of paragraph (f) upon demonstration that alternate
equipment will comply with the objectives of paragraph (f). EPA is not
aware of any exceptions granted under paragraph (g) at this time and
believes the exception authority provided by 80.22(g) is not needed.
According to section 80.22(h), compliance with paragraph (f) is
required for only one grade where there is more than one grade of
unleaded gasoline offered for sale. EPA believes that, to ensure that
the statute's ban is implemented properly, the requirements of
paragraph (f) should apply to each pump dispensing unleaded gasoline.
Therefore, sections 80.22(g) and 80.22(h) are deleted.
Section 80.22(i). Section 80.22(i), which refers to an exemption
from the requirements of section 80.22(b), is deleted. Section 80.22(i)
was inadvertently retained when section 80.22(b) was deleted in a prior
rulemaking and is currently obsolete. The new section 80.22(b) added by
this rule bears no relation to section 80.22(i), and therefore section
80.22(i) must be deleted to avoid confusion.
[[Page 3836]]
Section 80.23. This rule makes three changes to section 80.23,
which currently imposes liability for violations of section 80.22(a).
First, the rule changes the introductory text of section 80.23 to
include liability for violations of the new section 80.22(b), which is
the general provision prohibiting the introduction into commerce for
use as motor vehicle fuel of gasoline which is produced with the use of
any lead additive or contains more than 0.05 grams of lead per gallon.
Second, the rule deletes subparagraph (e)(2) of section 80.23.
Subparagraph (e)(2) offered an ``emergency exemption'' to allow a
retailer or wholesale purchaser-consumer to provide leaded gasoline for
use in a motor vehicle designed to use unleaded gasoline in emergency
situations, such as when a vehicle has an empty tank and no unleaded
gasoline is available within a several mile radius. EPA believes the
continued availability of this exemption not only would be unnecessary
given the scarce availability of gasoline containing lead or lead
additives in comparison to that of unleaded gasoline, but also would be
inconsistent with the intent of section 211(n) to prohibit the
introduction into commerce for use as motor vehicle fuel of gasoline
containing lead or lead additives.
Third, the rule modifies sections 80.23(b)(2)(ii) and (e)(1) to
reflect the simultaneous removal of the definition of leaded gasoline.
Section 80.24. This rule simplifies section 80.24, which contains
requirements applicable to motor vehicles. EPA has determined that
portions of section 80.24 are no longer needed to prevent misfueling
(see discussion of sections 80.22 (d) and (e) above). Accordingly, this
rule deletes section 80.24(a), which requires that ``unleaded gasoline
only'' labels be affixed to the dashboard and fuel filler inlet of each
motor vehicle with an emission control device which will be
significantly impaired by the use of gasoline containing lead or lead
additives. The labels will no longer be necessary once the ban on
fueling motor vehicles with gasoline which is produced with the use of
any lead additive, or contains more than 0.05 grams of lead per gallon,
becomes effective January 1, 1996.
Similarly, section 80.24(b)(1) currently requires that a pump
nozzle dispensing gasoline other than unleaded gasoline must
automatically shut off during attempted refueling into a motor vehicle
equipped with a fuel filler inlet for unleaded gasoline. It is
appropriate to remove this requirement because the requirement was
intended to prevent misfueling and, as stated above (see discussion of
sections 80.22 (d) and (e)) EPA now believes misfueling is unlikely,
making this safeguard against misfueling unnecessary. Section
80.24(b)(2) explains the scope of section 80.24(b)(1). Once section
80.24(b)(1) is removed, it is appropriate to remove section 80.24(b)(2)
as well.
The introductory text of section 80.24 is deleted and the remaining
text of section 80.24(b) is modified so that section 80.24(b)'s tank
filler inlet size requirements apply to all new motor vehicles, and not
just those equipped with an emission control device that would be
significantly impaired by the use of gasoline containing lead or lead
additives. This modification comports with the statutory ban
prohibiting the use of gasoline containing lead or lead additives as a
motor vehicle fuel, by requiring that all new motor vehicles are
equipped with tank filler inlets matching the size of the nozzle on
pumps dispensing unleaded gasoline.
Finally, section 80.24(c) is deleted, because the paragraph
clarifies the term ``emission control device which will be
significantly impaired by the use of leaded gasoline.'' This term is
currently used in the introductory text of section 80.24, but is being
removed as explained above. Therefore, section 80.24(c) no longer
serves any purpose and will be deleted.
Section 80.25. Section 80.25, which requires lead additive
manufacturers to report the amount of lead shipped to refineries, is
deleted in its entirety. These reports are currently utilized to verify
reports submitted by refineries in the lead phasedown program
summarizing the amount of lead used in the production of gasoline.
Section 80.20, which contains provisions related to the lead phasedown
program, is being deleted in today's action (see discussion of section
80.20), making the requirements of section 80.25 unnecessary.
III. Environmental Impact
This rule is expected to have a positive environmental effect by
facilitating smooth implementation of the Clean Air Act prohibition on
gasoline containing lead or lead additives for use in motor vehicles,
which becomes effective after December 31, 1995. This rule marks the
completion of a lead phasedown program which EPA began in 1973 upon
determining that lead particle emissions from motor vehicles presented
a significant risk of harm to the health of urban populations,
especially in children.
IV. Economic Impact
The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires that
Federal Agencies examine the impacts of their regulations on small
entities. The act requires an Agency to prepare a regulatory
flexibility analysis in conjunction with notice and comment rulemaking,
unless the Agency head certifies that the rule will not have a
significant impact on a substantial number of small entities. 5 U.S.C.
605(b). The Administrator certifies that this rule will not have a
significant impact on a substantial number of small entities. This rule
is not expected to result in any additional compliance cost to
regulated parties and, in fact, is expected to decrease compliance
costs for some regulated parties. This decrease in compliance costs is
largely due to the deletion of regulatory requirements no longer
necessary given the Clean Air Act statutory ban on gasoline containing
lead or lead additives for use in motor vehicles. This rule will reduce
compliance costs due to the removal of several reporting, labeling, and
equipment requirements. Owners of vehicles which are designed to
operate on leaded gasoline will not be subject to additional costs as a
result of this ban. Many vehicles designed to use leaded gasoline
currently use unleaded gasoline, which costs significantly less than
leaded gasoline. Lead substitute additives are available for vehicles
which operate under higher loads and require additional protection
against valve seat wear.
V. Effective Date
This action will become effective March 4, 1996, unless EPA
receives notice by February 20, 1996 from someone who wishes to submit
adverse comments or request an opportunity for a public hearing. If EPA
receives such notice, EPA will withdraw this rule and publish timely
notice in the Federal Register of such withdrawal.
VI. Executive Order 12866
Under Executive Order 12866,5 the Agency must determine
whether a regulation is ``significant'' and therefore subject to OMB
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
\5\ 58 FR 51735 (October 4, 1993).
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(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the
[[Page 3837]]
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local or tribal
governments of communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof, or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.6
\6\ Id. at section 3(f)(1)-(4).
---------------------------------------------------------------------------
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
VII. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``UMRA''), P.L. 104-4, EPA must prepare a budgetary impact statement
to accompany any general notice of proposed rulemaking or final rule
that includes a Federal mandate which may result in estimated costs to
State, local, or tribal governments in the aggregate, or to the private
sector, of $100 million or more. Under Section 205, for any rule
subject to Section 202 EPA generally must select the least costly, most
cost-effective, or least burdensome alternative that achieves the
objectives of the rule and is consistent with statutory requirements.
Under Section 203, before establishing any regulatory requirements that
may significantly or uniquely affect small governments, EPA must take
steps to inform and advise small governments of the requirements and
enable them to provide input.
EPA has determined that the final rule promulgated today does not
trigger the requirements of UMRA. The rule does not include a Federal
mandate that may result in estimated annual costs to State, local or
tribal governments in the aggregate, or to the private sector, of $100
million or more, and it does not establish regulatory requirements that
may significantly or uniquely affect small governments.
VIII. Judicial Review
Because this action promulgates a prohibition in Section 211 of the
Clean Air Act and is nationally applicable, under Section 307(b)(1) of
the Clean Air Act judicial review of this action is available only by
the filing of a petition for review in the U.S. Court of Appeals for
the D.C. Circuit within sixty days of publication of this action in the
Federal Register, unless EPA withdraws this rule in response to notice
of intent to file adverse comment or request the opportunity for a
public hearing.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Leaded gasoline, Unleaded gasoline, and Motor vehicle
pollution.
Dated: January 29, 1996.
Carol M. Browner,
Administrator.
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
1. The authority citation for part 80 continues to read as follows:
Authority: Sections 114, 211 and 301(a) of the Clean Air Act as
amended (42 U.S.C. 7414, 7545, and 7601(a)).
Sec. 80.2 [Amended]
2. Section 80.2 is amended by removing and reserving paragraph (f).
3. Section 80.7 is amended by revising paragraph (a) introductory
text and the first sentence of paragraph (c) to read as follows:
Sec. 80.7 Requests for information.
(a) When the Administrator, the Regional Administrator, or their
delegates have reason to believe that a violation of section 211(c) or
section 211(n) of the Act and the regulations thereunder has occurred,
they may require any refiner, distributor, wholesale purchaser-
consumer, or retailer to report the following information regarding
receipt, transfer, delivery, or sale of gasoline represented to be
unleaded gasoline and to allow the reproduction of such information at
all reasonable times.
* * * * *
(b) * * *
(c) Any refiner, distributor, wholesale purchaser-consumer,
retailer, or importer shall provide such other information as the
Administrator or his authorized representative may reasonably require
to enable him to determine whether such refiner, distributor, wholesale
purchaser-consumer, retailer, or importer has acted or is acting in
compliance with sections 211(c) and 211(n) of the Act and the
regulations thereunder and shall, upon request of the Administrator or
his authorized representative, produce and allow reproduction of any
relevant records at all reasonable times. * * *
Secs. 80.20 and 80.21 [Removed and reserved]
4. Sections 80.20 and 80.21 are removed and reserved.
5. Section 80.22 is amended by revising the title and paragraphs
(a), (f) introductory text, and (f)(2) introductory text by adding
paragraph (b), and by removing and reserving paragraphs (d), (e),
(f)(1), (g), (h) and (i) to read as follows:
Sec. 80.22 Controls and prohibitions.
(a) After December 31, 1995, no person shall sell, offer for sale,
supply, offer for supply, dispense, transport, or introduce into
commerce gasoline represented to be unleaded gasoline unless such
gasoline meets the defined requirements for unleaded gasoline in
Sec. 80.2(g); nor shall he dispense, or cause or allow the gasoline
other than unleaded gasoline to be dispensed into any motor vehicle
which is equipped with a gasoline tank filler inlet which is designed
for the introduction of unleaded gasoline.
(b) After December 31, 1995, no person shall sell, offer for sale,
supply, offer for supply, dispense, transport, or introduce into
commerce for use as fuel in any motor vehicle (as defined in Section
216(2) of the Clean Air Act, 42 U.S.C. 7550(2)), any gasoline which is
produced with the use of lead additives or which contains more than
0.05 gram of lead per gallon.
(c) * * *
* * * * *
(f) Beginning January 1, 1996, every retailer and wholesale
purchaser-consumer shall equip all gasoline pumps as follows:
(1) [Reserved]
(2) Each pump from which unleaded gasoline is dispensed into motor
vehicles shall be equipped with a nozzle spout which meets the
following specifications:
* * * * *
6. Section 80.23 is amended by revising the introductory text and
paragraphs (b)(2)(ii) and (e)(1), and by removing and reserving
paragraph (e)(2) to read as follows:
Sec. 80.23 Liability for violations.
Liability for violations of paragraphs (a) and (b) of Sec. 80.22
shall be determined as follows:
* * * * *
(b)(1) * * *
(2) * * *
(ii) That the violation was caused by an act in violation of law
(other than the Act or this part), or an act of sabotage, vandalism, or
deliberate commingling of gasoline which is produced with the use of
lead additives or phosphorus additives with unleaded gasoline, whether
or not such acts are violations of law in the jurisdiction where the
[[Page 3838]]
violation of the requirements of this part occurred, or
* * * * *
(e)(1) In any case in which a retailer or his employee or agent or
a wholesale purchase-consumer or his employee or agent introduced
gasoline other than unleaded gasoline into a motor vehicle which is
equipped with a gasoline tank filler inlet designed for the
introduction of unleaded gasoline, only the retailer or wholesale
purchaser-consumer shall be deemed in violation.
(2) [Reserved].
7. Section 80.24 is amended by removing the introductory text and
by removing and reserving paragraph (a), and removing paragraph (c),
and by revising paragraph (b) to read as follows:
Sec. 80.24 Controls applicable to motor vehicle manufacturers.
(a) [Reserved].
(b) The manufacturer of any motor vehicle powered with gasoline
shall equip such vehicle with a gasoline tank filler inlet having a
restriction which allows the insertion of a nozzle with a spout meeting
the specifications in Sec. 80.22(f)(2) and which prevents the insertion
of a nozzle of greater size than prescribed in Sec. 80.22(f)(2).
Sec. 80.25 [Removed and reserved]
8. Section 80.25 is removed and reserved.
[FR Doc. 96-2231 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
