[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Proposed Rules]
[Pages 34775-34778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17027]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-5531-1]
Use of Alternative Analytical Test Methods in the Reformulated
Gasoline Program
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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[[Page 34776]]
SUMMARY: This proposal would amend the deadline for the use of certain
alternative analytical test methods in the reformulated gasoline (RFG)
program. Currently, the deadline for the use of these alternative test
methods expires on January 1, 1997. This proposed amendment would
extend the deadline 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. 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 proposed extension would result in
greater flexibility for the regulated industry and reduce costs to all
interested parties.
The RFG program reduces motor vehicle emissions of volatile organic
compounds (VOC), oxides of nitrogen (NOx) and certain toxic pollutants.
This proposed 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.
DATES: Comments on this proposed rule must be received by August 2,
1996.
ADDRESSES: Written comments on this proposed action should be addressed
to Public Docket No. A-96-29, Waterside Mall (Room M-1500),
Environmental Protection Agency, Air Docket Section, 401 M Street,
S.W., Washington, D.C. 20460. Materials relevant to this rulemaking
have been placed in Docket A-96-29. 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.
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:
------------------------------------------------------------------------
Examples of regulated
Category entities
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Industry.................................. Oil refiners, gasoline
importers, oxygenate
blenders, analytical
testing laboratories.
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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
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 Sec. 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, subpart D.
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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 for various gasoline parameters or qualities,
such as sulfur levels, aromatics, benzene, and so on. 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.
Table 1.--Designated Analytical Test Method Under the RFG Program
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RFG gasoline parameter Designated analytical test method
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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 part 80.46(f).\3\
Oxygen and Oxygenate content Gas Chromatography as described in
analysis. 40 CFR part 80.46(g).\4\
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\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.
[[Page 34777]]
\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 notice.
\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 notice.
C. NPRA, API and Mobil Request To Extend the Deadline for the Use of
Alternative Analytical Test Methods at Sec. 80.46 Beyond January 1,
1997
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. They argued an extension would allow
industry to avoid the burden of ordering costly equipment that would be
more difficult to operate and maintain, in order to comply with the
designated analytical test method. They also contended that the
designated analytical test method will not necessarily improve test
results.
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. Under this
approach, quality assurance specifications would be developed under
which the performance of alternate analytical test methods would be
deemed acceptable for compliance. The Agency envisions that this
approach would 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 today is proposing to extend 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 would be more 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 in order that parties may make long-term purchase
decisions based on all the testing options that could be available at
the conclusion of this 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 proposed 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
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). This proposed 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 proposed 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 Administrator certifies
that this proposed rule will not have a significant impact on a
substantial number of small entities.
IV. Executive Order 12866
Under Executive Order 12866,\2\ 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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\2\ 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.\3\
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\3\ Id. at section 3(f)(1)-(4).
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It has been 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.
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 proposed rule does not include a
federal mandate as defined in UMRA. This 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
[[Page 34778]]
significantly or uniquely affect small governments.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Gasoline,
Reformulated gasoline, Conventional gasoline, Motor vehicle pollution.
Dated: June 26, 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:
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)).
Section 80.46 is amended by revising the paragraphs under
(f)(F)(3)(i) and (g)(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 aromatic 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. 96-17027 Filed 7-2-96; 8:45 am]
BILLING CODE 6560-50-P
