02-12707. Proposed Alternative Tier 2 Requirements for PuriNOX

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of proposed requirements.

SUMMARY:

The Lubrizol Corporation (Lubrizol) has developed a motor-vehicle diesel fuel, known as PuriNO_X, that contains significant amounts of water and methanol. The purpose of this notice is to announce that EPA has notified Lubrizol, by certified letter, of proposed Alternative Tier 2 testing requirements for PuriNO_X Generation 2 Winter Diesel Fuel Emulsion (Winter PuriNO_X) under the fuel and fuel additive registration testing requirements. EPA is also proposing that testing performed by Lubrizol on Winter PuriNO_X and a warm-climate PuriNO_X is sufficient to cover intermediate versions of PuriNO_X. A copy of the letter has been placed in the public record. The purpose of these proposals is to assist in characterizing potential health risks associated with the use of this fuel. The public is invited to comment on these proposals.

DATES:

Comments must be submitted on or before June 20, 2002. Comments on the proposed Alternative Tier 2 provisions must be received from Lubrizol within 60 days of Lubrizol's receipt of the notification letter.

ADDRESSES:

Written comments should be addressed to Public Docket No. A-2002-07, Waterside Mall (Room M-1500), Environmental Protection Agency, Air Docket Section, 401 M Street, SW., Washington, DC, 20460-0001. Relevant materials have been placed in this docket. It may be inspected from 8 a.m. to 5:30 p.m., Monday through Friday. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT:

James W. Caldwell, Environmental Engineer, U.S. Environmental Protection Agency, Office of Transportation and Air Quality, Mail Code 6406J, 1200 Pennsylvania Avenue, NW, Washington, DC, 20460-0001, [phone], fax [phone], [e-mail].

SUPPLEMENTARY INFORMATION:

Regulated Entity. The entity potentially regulated by this action is Lubrizol.

I. Introduction

Pursuant to sections 211(b)(2) and 211(e) of the Clean Air Act (CAA) EPA promulgated regulations requiring manufacturers of designated fuels and fuel additives (F/FA) to conduct tests to determine the potential health effects of the F/FA emissions. The final rule, promulgated May 27, 1994, established new health-effects testing requirements for the registration of designated F/FAs (59 FR 33042).

The registration requirements are organized within a three-tier structure. Tier 1 requires F/FA manufacturers to supply to EPA (1) the identity and concentration of certain emission products, and (2) any available information regarding the health and welfare effects of the whole and speciated emissions. 40 CFR 79.52. Tier 2 requires that combustion emissions of each F/FA subject to the testing requirements be tested for subchronic systemic and organic toxicity, as well as the assessment of specific health-effect endpoints. 40 CFR 79.53. Tier 3 testing may be required, at EPA's discretion, when remaining uncertainties as to the significance of observed health or welfare effects, or emissions exposures, interfere with EPA's ability to reasonably assess the potential risks posed by the emissions from a F/FA. 40 CFR 79.54. EPA's regulations permit submission of adequate existing test data in lieu of conducting new, duplicative tests. 40 CFR 79.53(b).

At its discretion, EPA may modify the standard Tier 2 health-effects testing requirements for a F/FA (or group thereof) by substituting, adding, or deleting testing requirements, or changing the underlying vehicle/engine specifications. 40 CFR 79.58(c). EPA will not, however, delete a testing requirement for a specific end point in the absence of existing adequate information, or an alternative testing requirement for that endpoint. 40 CFR 79.58(c).

II. Proposed Alternative Tier 2 Requirements for PuriNO_X

The purpose of this document is to announce that EPA has notified Lubrizol of proposed Alternative Tier 2 testing requirements under 40 CFR 79.58(c) for Lubrizol's Winter PuriNO_X formulation. The proposed Alternative Tier 2 testing requirements are identical to the standard Tier 2 requirements with the exception that the test fuel will be the Winter PuriNO_X formulation, consisting of 74% diesel fuel, 16.8% water, 5.7% methanol, and 3.5% PuriNO_X Generation 2 Additive Package. Under the standard Tier 2 requirements the water and methanol would have been tested separately in diesel fuel. EPA believes that, since such separate formulations will never occur in the production of Winter PuriNO_X, testing of the proposed test fuel, which corresponds with its commercial composition, will produce more meaningful health-effects testing results.

Lubrizol has already conducted standard Tier 2 testing on a warm-climate PuriNO_X formulation, consisting of 77% diesel fuel, 20% water, and 3% PuriNO_X 1121A Additive Package. We propose that this testing, in conjunction with the Alternative Tier 2 testing for Winter PuriNO_X, will be sufficient to meet the Tier 2 requirements for intermediate PuriNO_X combinations of diesel fuel, water, methanol, and additive package.^[1]

EPA requests public comment on these proposals. A copy of the notification to Lubrizol has been placed in Public Docket No. A-2002-07 noted above. The notification is also available from the contact noted above and at www.epa.gov/​otaq/​fuels.

III. Environmental Impact

This document will result in no immediate environmental impact, but may provide a basis for further regulatory action, should the collected data indicate that there may be a risk to public health or welfare.

IV. Economic Impact

This document will reduce the testing expense for Lubrizol by reducing the number of test fuels. Since this applies only to Lubrizol, which is not a small entity, there is no economic impact on small entities.

Dated: May 14, 2002.

Robert Brenner,

Acting Assistant Administrator, Office of Air and Radiation.

Footnotes

1.  Thus, if the Winter PuriNO_X Alternative Tier 2 testing is successfully completed, the Tier 2 health effects testing requirements would be met for PuriNO_X formulations consisting of 100%-74% diesel fuel, 0%-20%water, 0%-5.7% methanol, 0%-3.5% PuriNO_X Generation 2 Additive, or 0%-3% PuriNO_X 1121A.