96-17027. Use of Alternative Analytical Test Methods in the Reformulated Gasoline Program  

  • [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:
    
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                                                    Examples of regulated   
                     Category                             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 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   
    ------------------------------------------------------------------------
          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 part 80.46(f).\3\           
    Oxygen and Oxygenate content        Gas Chromatography as described in  
     analysis.                           40 CFR part 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.                                               
    
    [[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
    
    
    

Document Information

Published:
07/03/1996
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-17027
Dates:
Comments on this proposed rule must be received by August 2, 1996.
Pages:
34775-34778 (4 pages)
Docket Numbers:
FRL-5531-1
PDF File:
96-17027.pdf
Supporting Documents:
» Legacy Index for Docket A-96-29
» Use of Alternative Analytical Test Methods in the Reformulated Gasoline Program
» Use of Alternative Analytical Test Methods in the Reformulated Gasoline Program [A-96-29-III-A-1]
CFR: (2)
40 CFR 80.46
40 CFR 80.46