[Federal Register: November 13, 1996 (Volume 61, Number 220)] [Rules and
Regulations]
[Page 58303-58306]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Part IV
Environmental Protection Agency
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40 CFR Part 80
Use of Alternative Analytical Test Methods in the Reformulated Gasoline
Program; Final Rule
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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
(NO<INF>X) 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:
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Category Examples of regulated 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 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 NO<INF>x emissions, and meet certain
content standards for oxygen, benzene and heavy metals. EPA promulgated the
final RFG regulations on December 15, 1993.<SUP>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.<SUP>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).
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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.'' <SUP>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.'' <SUP>2
Aromatics.................... Gas Chromatography as described in 40 CFR
                                80.46(f).<SUP>3
Oxygen and Oxygenate content Gas Chromatography as described in 40 CFR
 analysis.                      80.46(g).<SUP>4
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<SUP>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.
<SUP>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.
<SUP>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. <SUP>4 Prior to January 1,
1997, and when oxygenates present are limited to MTBE, ETBE, TAME, DIPE,
tertiary-amyl alcohol, and C<INF>1 and C<INF>4 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 C<INF>1
and C<INF>4 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.<SUP>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, NO<SUP>X 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 <SUP>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.<SUP>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
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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 C<INF>1
     to C<INF>4 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 C<INF>1 to C<INF>4
     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