[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Rules and Regulations]
[Pages 58304-58306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29023]
[[Page 58303]]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 80
Use of Alternative Analytical Test Methods in the Reformulated Gasoline
Program; Final Rule
Federal Register / Vol. 61, No. 220 / Wednesday, November 13, 1996 /
Rules and Regulations
[[Page 58304]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-5650-5]
Use of Alternative Analytical Test Methods in the Reformulated
Gasoline Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule extends the time period during which certain
alternative analytical test methods may be used in the Federal
reformulated gasoline (RFG) program. Currently, the time period for the
use of these alternative test methods expires on January 1, 1997. This
amendment extends the time period for the use of alternative test
methods in the reformulated gasoline program to September 1, 1998.
EPA is considering expanding the ability of industry to use various
alternative analytical test methods in the federal RFG program.
Extension of this deadline will allow refiners and others to continue
using the currently approved alternative analytical test methods
pending a final decision by EPA on additional alternatives. This
extension provides greater flexibility for the regulated industry and
reduce costs to all interested parties.
The Federal RFG program reduces motor vehicle emissions of volatile
organic compounds (VOC), oxides of nitrogen (NOX) and certain
toxic pollutants. This change in the deadline for the use of certain
alternative test methods under Sec. 80.46 preserves the status quo of
the RFG program and will have no change in the emission benefits that
result from the RFG program.
EFFECTIVE DATE: This amendment is effective January 13, 1997.
FOR FURTHER INFORMATION CONTACT: Joseph R. Sopata, Chemist, U.S.
Environmental Protection Agency, Office of Air and Radiation, (202)
233-9034.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Entities potentially regulated by this action
are those that use analytical test methods to comply with the
Reformulated Gasoline Program. Regulated categories and entities
include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry............................... Oil refiners, gasoline
importers, oxygenate blenders,
analytical testing
laboratories.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
that could potentially be regulated by this action. Other types of
entities not listed in this table could also be regulated. To determine
whether your business is regulated by this action, you should carefully
examine the applicability criteria in part 80 of title 40 of the Code
of Federal Regulations. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
I. Introduction
A. RFG Standards
Section 211(k) of the Clean Air Act (the Act) requires that EPA
establish standards for RFG to be used in specified ozone nonattainment
areas (covered areas), as well as standards for non-reformulated, or
conventional, gasoline used in the rest of the country, beginning in
January 1995. The Act requires that RFG reduce VOC and toxics emissions
from motor vehicles, not increase NOx emissions, and meet certain
content standards for oxygen, benzene and heavy metals. EPA promulgated
the final RFG regulations on December 15, 1993.1 See 40 CFR part
80 subparts D, E and F.
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\1\ 59 FR 7812, February 16, 1994.
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B. Test Methods Utilized at Sec. 80.46
Refiners, importers and oxygenate blenders are required, among
other things, to test RFG and conventional gasoline for various
gasoline parameters or qualities, such as sulfur levels, aromatics,
benzene, and so on.2 During the Federal RFG rulemaking, and in
response to comments by the regulated industry, EPA concluded that it
would be appropriate to temporarily allow the use of alternative
analytical test methods for measuring the parameters of aromatics and
oxygenates. See 40 CFR 80.46. EPA adopted this provision because the
designated analytical test methods for each of these parameters were
costly and relatively new, leaving the industry little time to fully
implement the designated analytical test methods. EPA therefore
provided flexibility to the regulated industry by allowing the use of
alternative analytical test methods for the two above mentioned
parameters until January 1, 1997. After that date, use of the
designated analytical test methods was required. Table 1 lists the
designated analytical test method for each parameter measured under the
RFG program.
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\2\ 40 CFR 80.65(e), 80.10(i).
[[Page 58305]]
Table 1.--Designated Analytical Test Method Under the RFG Program
------------------------------------------------------------------------
RFG Gasoline parameter Designated analytical test method
------------------------------------------------------------------------
Sulfur....................... ASTM D-2622-92, entitled ``Standard Test
Method for Sulfur in Petroleum Products
by X-Ray Spectrometry.''
Olefins...................... ASTM D-1319-93, entitled ``Standard Test
Method for Hydrocarbon Types in Liquid
Petroleum Products by Fluorescent
Indicator Absorption.''
Reid Vapor Pressure.......... Method 3, as described in 40 CFR part 80,
appendix E.
Distillation................. ASTM D-86-90, entitled ``Standard Test
Method for Distillation of Petroleum
Products.'' 1
Benzene...................... ASTM D-3606-92, entitled ``Standard Test
Method for Determination of Benzene and
Toluene in Finished Motor and Aviation
Gasoline by Gas Chromatography.'' 2
Aromatics.................... Gas Chromatography as described in 40 CFR
80.46(f).3
Oxygen and Oxygenate content Gas Chromatography as described in 40 CFR
analysis. 80.46(g).4
------------------------------------------------------------------------
1 Except that the figures for repeatability and reproducibility given in
degrees Fahrenheit in Table 9 in the ASTM method are incorrect, and
shall not be used.
2 Except that Instrument parameters must be adjusted to ensure complete
resolution of the benzene, ethanol and methanol peaks because ethanol
and methanol may cause interference with ASTM standard method D-3606-
92 when present.
3 Prior to January 1, 1997, any refiner or importer may determine
aromatics content using ASTM standard test method D-1319-93 entitled
``Standard Test Method for Hydrocarbon Types in Liquid Petroleum
Products by Fluorescent Indicator Absorption'' for the purpose of
meeting any testing requirement involving aromatics content. Note: The
January 1, 1997 deadline is the subject of today's document.
4 Prior to January 1, 1997, and when oxygenates present are limited to
MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol, and C1 and C4 alcohols,
any refiner, importer, or oxygenate blender may determine oxygen and
oxygenated content using ASTM standard method D-4815-93, entitled
``Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE,
tertiary-Amyl Alcohol and C1 and C4 Alcohols in Gasoline by Gas
Chromatography. Note: The January 1, 1997 deadline is the subject of
today's document.
C. Public Comment
EPA proposed the revisions in this rule on July 3, 1996.3 As
stated in the preamble in the NPRM, Mobil Oil Corporation, the American
Petroleum Institute (API) and the National Petroleum Refiners
Association (NPRA) have requested that EPA extend the deadline for the
use of alternative analytical test methods for the measurement of
aromatics and oxygenates as specified in Sec. 80.46. Currently, the
ability to use alternative analytical test methods under Sec. 80.46
expires on January 1, 1997. In a September 25, 1995 letter to EPA, API
and NPRA jointly urged extension of the deadline for the use of
alternative analytical test methods at Sec. 80.46 beyond January 1,
1997. In addition to these parties, ASTM, WSPA, Phillips Petroleum
Company, Fying J. Inc., and Chevron submitted comments in favor of this
extension. There were no adverse public comments following publication
of the NPRM.
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\3\ (61 FR 34775).
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EPA intends to undertake a rulemaking to consider establishing a
performance based analytical test method approach for the measurement
of the reformulated gasoline (RFG) parameters at Sec. 80.46. One
approach under consideration involves developing quality assurance
specifications under which the performance of alternate analytical test
methods would be deemed acceptable for compliance. The Agency envisions
that a performance based approach could provide additional flexibility
to the regulated industry in their choice of analytical test methods to
be utilized for compliance under the RFG and conventional gasoline
programs for analytical test methods that differ from the designated
analytical test method. EPA expects to finalize action on such a
rulemaking by September 1, 1998.
In the meantime, EPA is today amending the deadline for the use of
the alternative analytical test procedures for aromatics and oxygenates
under Sec. 80.46(f)(3) and Sec. 80.46(g)(9) until September 1, 1998.
The Agency believes that it is appropriate to allow parties to continue
using these alternative analytical test methods until a final decision
is made on the performance based analytical test method approach. This
would allow parties to make long-term purchasing decisions based on all
the testing options that could be made available at the conclusion of
the performance-based rulemaking.
II. Environmental Impact
The RFG program, as required by the Act, obtains emission
reductions for VOC, NOX and toxic emissions from motor vehicles.
This change in the deadline for the use of certain alternative test
methods under Sec. 80.46 preserves the status quo of the RFG program
and will result in no change in the emission benefits of the RFG
program.
III. Economic Impact and Impact on Small Entities
This final rule provides for flexibility in allowing the regulated
industry to use certain alternative analytical test methods at
Sec. 80.46 for eighteen additional months. This final rule is not
expected to result in any additional compliance cost to regulated
parties and may be expected to reduce compliance cost for regulated
parties because it continues to provide a choice for the procurement of
test methods for aromatics and oxygenates under the RFG program. This
analysis applies to regulated parties that are small entities, as well
as other regulated parties. Based on this, the Agency has determined
that this final rule will not have a significant impact on a
substantial number of small entities.
IV. Executive Order 12866
Under Executive Order 12866 4, 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:
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\4\ 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 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.5
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\5\ Id. at section 3(f)(1)-(4).
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It has been determined that this final rule is not a ``significant
regulatory
[[Page 58306]]
action'' under the terms of Executive Order 12866 and is therefore not
subject to OMB review.
V. 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 this final rule does not include a Federal
mandate as defined in UMRA. This final 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.
VI. Paperwork Reduction Act
The Office of Management and Budget has approved the information
collection requirements contained in this rule under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned
OMB control number 2060-0277. The Agency number for the information
collection requirements contained in this rule is 1591.03. This final
rule is not expected to result in any additional compliance cost to
regulated parties and may be expected to reduce compliance cost for
regulated parties because it continues to provide a choice for the
procurement of test methods for aromatics and oxygenates under the RFG
program. The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.,
and implementing regulations, 5 CFR Part 1320, do not apply to this
action as it does not involve the collection of information as defined
therein.
VII. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule in not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 80
Environmental Protection, Fuel additives, Gasoline, Imports,
Labeling, Motor vehicle pollution, Penalties, Reporting and
recordkeeping requirements.
Dated: November 5, 1996.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, 40 CFR part 80 of the
Code of Federal Regulations is proposed to be amended as follows:
PART 80--[AMENDED]
1. The authority citation for part 80 continues to read as follows:
Authority: Secs. 114, 211, and 301(a) of the Clean Air Act as
amended (42 U.S.C. 7414, 7545, and 7601(a)).
2. Section 80.46 is amended by revising paragraphs (f)(3)(i) and
(g)(9)(i) to read as follows:
Sec. 80.46 Measurement of reformulated gasoline fuel parameters.
* * * * *
(f) * * *
(3) Alternative test method. (i) Prior to September 1, 1998, any
refiner or importer may determine aromatics content using ASTM standard
method D-1319-93, entitled ``Standard Test Method for Hydrocarbon Types
in Liquid Petroleum Products by Fluorescent Indicator Adsorption,'' for
purposes of meeting any testing requirement involving aromatics
content; provided that
* * * * *
(g) * * *
(9)(i) Prior to September 1, 1998, and when the oxygenates present
are limited to MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol, and
C1 to C4 alcohols, any refiner, importer, or oxygenate
blender may determine oxygen and oxygenate content using ASTM standard
method D-4815-93, entitled ``Standard Test Method for Determination of
MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4
Alcohols in Gasoline by Gas Chromatography,'' for purposes of meeting
any testing requirement; provided that
* * * * *
[FR Doc. 96-29023 Filed 11-12-96; 8:45 am]
BILLING CODE 6560-50-P
