[Federal Register Volume 63, Number 221 (Tuesday, November 17, 1998)]
[Proposed Rules]
[Pages 63807-63812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30402]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 79 and 80
[FRL-6187-5]
Use of Alternative Analytical Test Methods in the Reformulated
Gasoline Program and Revision of the Specification for the Mixing
Chamber Associated with Animal Toxicity Testing of Fuels and Fuel
Additives
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule extends the time period during which
certain alternative analytical test methods may be used in the Federal
reformulated gasoline (RFG) program to September 1, 2000. The time
period for use of these alternative methods originally expired on
January 1, 1997 and was previously extended to September 1, 1998. The
purpose of today's proposed extension
[[Page 63808]]
is to grant temporary flexibility until a final performance-based
analytical test method approach rulemaking is promulgated. EPA expects
to finalize the performance-based analytical test method approach
rulemaking before September 1, 2000. This proposed rule also makes
certain revisions to the procedures applicable to health effects
testing of fuels and fuel additives.
DATE: Comments must be received in writing by December 17, 1998.
ADDRESSES: Any person wishing to submit comments should send them (in
duplicate, if possible) to the docket address listed and to Joseph R.
Sopata, U.S. Environmental Protection Agency, Fuels and Energy
Division, 401 M Street, SW (6406J), Washington, D.C. 20460. Materials
relevant to this direct final rule have been placed in docket A-98-21
located at U.S. Environmental Protection Agency, Air Docket Section,
Room M-1500, 401 M Street, SW, Washington, D.C. 20460. The docket is
open for public inspection from 8:00 a.m. until 5:30 p.m., Monday
through Friday, except on Federal holidays. A reasonable fee may be
charged for photocopying services.
FOR FURTHER INFORMATION CONTACT: For further information about this
proposed rule, contact Joseph R. Sopata, Chemist, Fuels & Energy
Division, at (202) 564-9034. To notify EPA of an intent to submit an
adverse comment or public hearing request, contact Joseph R. Sopata,
(202) 564-9034, or Anne-Marie C. Pastorkovich, Attorney/Advisor, Fuels
& Energy Division, (202) 564-8987.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities
Entities potentially regulated by this action are those that use
analytical test methods to comply with the RFG program and
manufacturers of fuels and fuel additives. Regulated categories and
entities include:
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Category Examples of regulated entities
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Industry............................... Oil refiners, gasoline
importers, oxygenate blenders,
analytical testing
laboratories.
Manufacturers of gasoline and
diesel fuel.
Manufacturers of additives for
gasoline and diesel fuel.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
proposed action. This table lists all types of entities that EPA is now
aware could potentially be regulated by this proposed action. Other
types of entities not listed in this table could also be regulated. To
determine whether your business is regulated by this proposed action,
you should carefully examine the applicability criteria in parts 79 and
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 section of this
document.
II. RFG Standards & Test Methods Utilized at Sec. 80.46
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 anti-dumping 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 published the final RFG
regulations in the Federal Register on February 16, 1994.1
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\1\The RFG and anti-dumping regulations are located at 40 CFR
part 80, subparts D, E, and F. The final rule establishing the RFG
and anti-dumping standards was published in the February 16, 1994
Federal Register at 59 FR 7716. Amendments were published at 59 FR
36944 (June 20, 1994), 59 FR 39258 (August 2, 1994), 59 FR 60715
(November 28, 1994), 60 FR 2699 (January 11, 1995), 60 FR 6030
(February 1, 1995), 60 FR 35488 (July 10, 1995), 60 FR 40006 (August
1, 1995), 60 FR 65571 (December 20, 1995), 61 FR 12030 (March 25,
1996), 61 FR 20736 (May 8, 1996), 61 FR 35673 (July 8, 1996), 61 FR
58304 (November 13, 1996), 62 FR 9872 (March 4, 1997), 62 FR 12572
(March 17, 1997), and 62 FR 30260 (June 3, 1997). EPA proposed
several additional modifications to the RFG and anti-dumping
regulations at 62 FR 37338 (July 11, 1997). Some of these proposed
modifications were included in a final rule published at 62 FR 68196
(December 31, 1997), while others will be the subject of a future
final rule. Please refer to the December 31, 1997 final rule for
more information.
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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. Based upon comments received from the regulated
industry during the RFG and anti-dumping rulemaking, 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. Language was adopted in Secs. 80.46(f)(3) and (g)(9)(i),
which permitted the use of alternative analytical test methods for
aromatics and oxygenates, respectively, until January 1, 1997. These
sections were later amended by a November 13, 1996 final rule published
in the Federal Register to permit the use of alternative analytical
test methods for these two parameters until September 1,
1998.2
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\2\See 61 FR 58304 (November 13, 1996).
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As explained in the February 16, 1994 final rule, the Agency will
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. The Agency envisions that a
performance-based approach could provide additional flexibility to the
regulated industry in its 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. The Agency further believes that establishment
of a performance-based test method approach may help advance the
purposes of the ``National Technology Transfer and Advancement Act of
1995,'' section 12(d) of Public Law 104-113 and Office of Management
and Budget (OMB) Circular A-119.3 In general, the National
Technology Transfer and Advancement Act of 1995 and OMB Circular A-119
are designed to encourage the adoption of standards developed by
``voluntary consensus bodies'' and to reduce reliance on government-
unique standards ``where an existing voluntary standard would
suffice.''4 Today's proposed rule provides an extension of
deadline for use of certain alternative test methods until such time as
a notice-and-comment rulemaking to establish performance-based
standards is
[[Page 63809]]
completed. Issues related to the National Technology Transfer and
Advancement Act of 1995 and OMB Circular A-119 will be appropriately
explored in detail in connection with that rulemaking.
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\3\See ``OMB Circular A-119; Federal Participation in the
Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' 63 FR 8546 (February 19, 1998).
\4\Id.
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EPA originally expected to finalize action on such a rulemaking by
September 1, 1998; however, the Agency now realizes that it will not
complete rulemaking until after that date. Refiners and importers will
need several months to determine whether these alternative methods
qualify under the envisioned performance-based analytical test method
approach. Therefore the Agency is proposing to extend the deadline for
the use of alternative test methods at Secs. 80.46(f)(3) and
80.46(g)(9) until September 1, 2000. This extension of the deadline
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. EPA reasonably expects to complete
rulemaking before September 1, 2000.
III. Proposed Revision of the Specification for the Mixing Chamber
Associated With Animal Toxicity Testing of Fuels and Fuel Additives
at Sec. 79.57(e)(2)(iii)(C)
The fuels and fuel additives registration program is authorized by
section 211 of the Clean Air Act and codified at 40 CFR part 79. In
accordance with sections 211(a) and (b)(1) of the Act, basic
registration requirements applicable to gasoline and diesel fuel have
been in existence since 1975. On June 27, 1994, EPA published a Federal
Register document announcing final additional regulations for
registration of designated fuels and fuel additives as authorized by
sections 211(b)(2) and 211(e) of the Clean Air Act as amended in
1990.5 The additional regulations require manufacturers, as
part of the registration program, to conduct tests and submit
information related to the health effects of their fuel and fuel
additive products. The health effects testing requirements are
organized in three tiers. Tier 1 requires analysis of combustion and
evaporative emissions of fuels and fuel additives and a survey of
existing scientific information on the public health and welfare
effects of these emissions. Tier 2 requires manufacturers to conduct
specified health effects tests to screen for adverse health effects of
fuel and fuel additive emissions. Additional testing may be required
under Tier 3 at EPA's discretion.
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\5\ The fuels and fuel additives registration regulations are
located in 40 CFR part 79. Testing requirements for fuels and fuel
additives are in subpart F. The final rule establishing these
regulations was published in the June 27, 1994 Federal Register at
59 FR 33042. Amendments were published at 61 FR 36506 (July 11,
1996), 61 FR 58744 (November 18, 1996), 62 FR 12564 (March 17, 1997)
and 62 FR 12572 (March 17, 1997).
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A provision of the health effects testing regulations requires that
the emission moderation apparatus must function such that the average
concentration of hydrocarbons leaving the apparatus shall be within 10
percent of the average concentration of hydrocarbons entering the
mixing chamber. The Agency now believes that this specification for the
mixing chamber (or any alternative emission moderation apparatus) at
Secs. 79.57(e)(2)(iii)(C) and 79.57(e)(2)(v)(B) is likely unachievable
in a typical laboratory setting. Additionally, the regulations require
that the mean exposure concentration in the inhalation test chamber
shall be within 10 percent of the target concentration for the single
species being controlled on 90 percent or more of the exposure days and
that daily monitoring of CO, CO2, oxides of nitrogen, oxides
of sulfur and total hydrocarbons in the exposure chamber shall be
required. 40 CFR 79.57(e)(2)(iv)(B). EPA now believes that the required
mean exposure concentration in the inhalation test chamber is
unachievable for total hydrocarbons and particulate. The Agency
believes that the reason that these specifications are unachievable for
hydrocarbons and particulate is because of the cohesive qualities that
such compounds share. These shared cohesive tendencies result in a
tendency to fall out of the exposure atmosphere as it passes through
the apparatus.
EPA believes that a more appropriate specification for particulate
and hydrocarbon compounds would be 15%. The Agency believes the
modified emission dilution requirements at Secs. 79.57(e)(2)(iv)(B) and
79.57(e)(2)(vi)(B) will provide for sufficient quality control
assurances and thereby negate the need for Secs. 79.57(e)(2)(iii)(C)
and 79.57(e)(2)(v)(B).6 Accordingly, the Agency is proposing
to delete Secs. 79.57(e)(2)(iii)(C) and 79.57(e)(2)(v)(B), and
proposing to modify Secs. 79.57(e)(2)(iv)(B) and 79.57(e)(2)(vi)(B).
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\6\ Sections 79.57(e)(2)(iv)(B) and 79.57(e)(2)(vi)(B) did not
previously contain reference to hydrocarbons, but are proposed to be
modified to include specific requirements for both hydrocarbons and
particulate. Sections 79.57(e)(2)(iii)(C) and 79.57(e)(2)(v)(B),
which are proposed to be deleted, specifically address hydrocarbons
only, and would no longer be necessary.
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IV. Additional Changes Related to Animal Toxicity Testing of Fuels
and Fuel Additives
A. Vascular Perfusion Technique
Section 79.66(e)(5)(iii)(B) states that for the vascular perfusion
technique, the animals shall be perfused in situ by a generally
recognized technique.7 Section 79.62(d)(7)(v) states that
the lungs and trachea of the whole-body perfusion-fixed test animals
are examined for inhaled particle distribution.
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\7\ Standard techniques for vascular perfusion in the following
references are cited: Zeman, W., and Innes, J.R.M., Craigie's
Neuroanatomy of the Rat (New York: Academic, 1963); Hayat, M.A.,
``Vol. 1. Biological applications,'' Principles and Techniques of
Electron Microscopy (New York: Van Nostrand, Reinhold, 1970); and
Spencer, P.S., and Schaumbur, H.H., (eds.). Experimental and
Clinical Neurotoxicology (Baltimore: Williams and Wilkins, 1980).
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The methods for vascular perfusion cited in the regulation perfuse
only the systemic vascular system with fixative. Using the methods
cited, the lungs are neither fixed nor inflated. This is because no
pressure (either air or fixative) is applied to the airways to
counteract the pressure being applied through the blood vessels, so
that the airspaces of the lungs collapse under the pressure from the
vascular fixation. The collapsed, unfixed lungs are not useful for
histopathological examination, or for examination of inhaled particle
distribution.
EPA is proposing to modify the systemic vascular perfusion fixation
procedure by including intratracheal instillation of the lungs with
fixative via the trachea during the fixation process. This would
preserve the lungs for examination and achieve the whole-body fixation
needed for neurotoxicity endpoints.
B. Correction of Animal Numbers
Section 79.62(d)(1)(ii)(B) states, in part, ``Forty rodents, 25
females and 10 males . . .'' EPA is proposing to amend the section to
reflect a correct total of 35 rodents.
V. Environmental and Economic Impacts
This proposed rule is expected to have no negative environmental
impact. The proposed change in the deadline for the use of certain
alternative test methods preserves the status quo of the RFG program
and will result in no reduction in the emission benefits of the
program. The proposed changes to the fuels and fuel additives
registration
[[Page 63810]]
regulations are not expected to have any negative environmental impact
on the public health and environmental benefits associated with the
fuels and fuel additives testing program. In fact, today's proposed
changes with regard to health testing requirements add certainty and
correct errors and, as a result, may enhance the benefits of the
program.
Today's proposed regulation would have a positive impact on the
great majority of entities regulated by the RFG regulation, because it
permits continued flexibility with respect to the use of alternative
test methods. This flexibility will continue through September 1, 2000
or until such time as EPA issues final regulations for performance-
based analytical test methods. The proposed changes to the health
effects testing requirements are minor and are not expected to result
in any additional compliance costs for regulated parties.
VI. Regulatory Flexibility
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this proposed rule. EPA has
also determined that this proposed rule will not have a significant
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. Today's proposed regulation would have a
positive economic impact on the great majority of entities regulated by
the RFG regulation, including small businesses. Specifically, it would
grant the regulated industry flexibility in the use of alternative test
methods until September 1, 2000 (or until such time as EPA completes
final rulemaking) and would correct certain errors in existing
registration requirements for fuels and fuel additives. It is not
expected to result in any additional compliance costs for regulated
parties, including small entities. A regulatory flexibility analysis
has therefore not been prepared.
VII. Executive Order 12866
Under Executive Order 12866 8, 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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\8\ 58 FR 51736 (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.9
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\9\ Id. at section 3(f)(1)-(4).
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EPA has determined that this proposed rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
VIII. Paperwork Reduction Act
Today's proposed rule does not impose any new information
collection burden. The Office of Management and Budget (OMB) has
previously approved the applicable information collection requirements
(ICRs) under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned the following OMB control numbers: 2060-
0297 (``Registration of Fuels and Fuel Additives; Health-Effects
Research Requirements for Manufacturers--40 CFR part 79, subpart F''),
2060-0150 (``Registration of Fuels and Fuel Additives: Requirements for
Manufacturers''), and 2060-0277 (``Standards for Reformulated
Gasoline''). Copies of these ICRs may be obtained from Sandy Farmer, OP
Regulatory Information Division, U.S. Environmental Protection Agency
(2137), 401 M Street, SW, Washington, DC 20460, or by calling (202)
260-2740. Include the ICR title and/or OMB number in any
correspondence. Nothing in today's proposed rule will result in any
additional reporting, recordkeeping, testing, or other informational
burdens.
IX. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``UMRA''), Public Law 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 proposed rule does not include a
Federal mandate as defined in UMRA. The proposed 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.
X. Effects on Tribal, State, and Local Government Entities
This proposed rule would not establish any regulatory requirements
which would significantly or uniquely affect tribal governments within
the meaning of E.O. 13084, ``Consultation and Coordination with Indian
Tribal Governments.''
XI. Executive Order 12875: Enhancing Intergovernmental Partnerships
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a state, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's proposed rule would not create a mandate on state, local or
tribal governments. The proposed rule would not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this proposed rule.
[[Page 63811]]
XII. Applicability of E.O. 13045: Children's Health Protection
This proposed rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it does not involve
decisions on environmental health risks or safety risks that may
disproportionately affect children.
Today's proposed rule extends the time period during which certain
alternative analytical test methods may be used. This would preserve
the status quo under the existing RFG program until such time as a
performance-based test method rule is issued. The proposed extension
will result in no reduction in the RFG program's environmental or
health benefits and presents no health or safety risks that will
adversely affect children.
Today's proposed changes and corrections to the health effects
testing regulations for fuels and fuel additives will add certainty and
facilitate compliance by regulated parties. As a result, any impact on
children's health resulting from the proposed changes and corrections
would reasonably be expected to be positive.
XIII. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (NTTAA),
Section 12(d) of Public Law 104-113, is designed to encourage the
adoption of standards developed by ``voluntary consensus bodies'' and
to reduce reliance on government-unique standards where existing
voluntary standards would suffice.
Today's proposed rule would provide an extension of deadline for
use of certain analytical test methods for the RFG program until such
time as a notice-and-comment rulemaking to establish performance-based
analytical test methods is completed. Today's action does not establish
new technical standards or analytical test methods. The Agency plans to
address the NTTAA in detail in an upcoming rulemaking to establish
performance-based analytical test methods.
For a more detailed discussion, please refer to SUPPLEMENTARY
INFORMATION, section II, ``RFG Standards and Test Methods Utilized at
Sec. 80.46,'' above.
List of Subjects
40 CFR Part 79
Environmental protection, Fuel additives, Gasoline, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements.
40 CFR Part 80
Environmental protection, Fuel additives, Gasoline, Imports,
Labeling.
Dated: November 3, 1998.
Carol M. Browner,
Administrator.
For the reasons described in the preamble, parts 79 and 80 of Title
40 of the Code of Federal Regulations are proposed to be amended as
follows:
PART 79--[AMENDED]
1. The authority citation for part 79 continues to read as follows:
Authority: 42 U.S.C. 7414, 7524, 7545, and 7601.
2. Section 79.57 is proposed to be amended by removing and
reserving paragraphs (e)(2)(iii)(C) and (e)(2)(v)(B) and by revising
paragraphs (e)(2)(iv)(B) and (e)(2)(vi)(B), to read as follows:
Sec. 79.57 Emissions Generation.
* * * * *
(e) * * *
(2) * * *
(iii) * * *
(C) [Reserved]
(iv) * * *
(B) These procedures include requirements that the mean exposure
concentration in the inhalation test chamber on 90 percent or more of
the exposure days shall be controlled as follows:
(1) If the species being controlled is hydrocarbon or particulate,
the mean exposure concentration must be within 15 percent of the target
concentration for the single species being controlled.
(2) For other species, the mean exposure concentration must be
within 10 percent of the target concentration for the single species
being controlled.
(3) For all species, daily monitoring of CO, CO2,
NOX, SOX, and total hydrocarbons in the exposure
chamber shall be required. Analysis of the particle size distribution
shall also be performed to establish the stability and consistency of
particle size distribution in the test exposure.
* * * * *
(v) * * *
(B) [Reserved]
(vi) * * *
(B) These procedures include requirements that the mean exposure
concentration in the inhalation test chamber on 90 percent or more of
the exposure days shall be controlled as follows:
(1) If the species being controlled is hydrocarbon or particulate,
the mean exposure concentration must be within 15 percent of the target
concentration for the single species being controlled.
(2) For other species, the mean exposure concentration must be
within 10 percent of the target concentration for the single species
being controlled.
(3) For all species, daily monitoring of CO, NO2,
NOX, SOX, and total hydrocarbons in the exposure
chamber shall be required. Analysis of the particle size distribution
shall also be performed to establish the stability and consistency of
particle size distribution in the test exposure.
* * * * *
3. Section 79.62 is proposed to be amended by revising paragraph
(d)(1)(ii)(B), to read as follows:
Sec. 79.62 Subchronic toxicity study with specific health effects
assessment.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(B) Thirty-five rodents, 25 females and ten males, shall be added
for each test concentration or control group when combining a 90-day
toxicity study with a fertility assessment.
* * * * *
4. Section 79.66 is proposed to be amended by adding a sentence to
the end of paragraph (e)(5)(iii)(B), to read as follows:
Sec. 79.66 Neuropathology assessment.
* * * * *
(e) * * *
(5) * * *
(iii) * * *
(B) Perfusion technique. * * * In addition, the lungs shall be
instilled with fixative via the trachea during the fixation process in
order to preserve the lungs and achieve whole-body fixation.
* * * * *
PART 80--[AMENDED]
5. 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)).
6. Section 80.46 is proposed to be amended by revising paragraphs
(f)(3) and (g)(9) to read as follows:
Sec. 80.46 Measurement of reformulated gasoline fuel parameters.
* * * * *
(f) * * *
(3) Alternative test method. (i) Prior to September 1, 2000, 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 Flourescent Indicator Adsorption,''for
[[Page 63812]]
purposes of meeting any testing requirement involving aromatics
content; provided that
(ii) The refiner or importer test result is correlated with the
method specified in paragraph (f)(1) of this section.
(g) * * *
(9)(i) Prior to September 1, 2000, 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
(ii) The refiner or importer test result is correlated with the
method set forth in paragraphs (g)(1) through (g)(8) of this section.
* * * * *
[FR Doc. 98-30402 Filed 11-16-98; 8:45 am]
BILLING CODE 6560-50-P
