Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 5319 

nominations for the negotiated 

rulemaking Committee. Written 

comments are specifically requested on 

the suitability of using the negotiated 

rulemaking procedure to develop a 

proposed valuation rule for oil 

production from Indian leases. 

Nominations are for all interests that 

could be affected by an Indian oil 

valuation rulemaking and must comply 

with paragraph IV. D., Request for 

Nominations, of this notice. All 

nominations and written comments 

must be sent to an appropriate address 

as listed in the ADDRESSES section of this 

notice. 

Certification 

For the above reasons, I hereby certify 

that the Indian Oil Valuation Negotiated 

Rulemaking Committee is in the public 

interest. 

Dated: January 25, 2011. 

Ken Salazar, 

Secretary, Department of the Interior. 

[FR Doc. 2011–2103 Filed 1–28–11; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0860; FRL–9249–4] 

Revisions to the California State 

Implementation Plan, Santa Barbara 

Air Pollution Control District, Placer 

County Air Pollution Control District, 

Antelope Valley Air Quality 

Management District, and Ventura 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Santa Barbara Air 

Pollution Control District (SBAPCD), 

Placer County Air Pollution Control 

District (PCAPCD), Antelope Valley Air 

Quality Management District 

(AVAQMD), and Ventura County Air 

Pollution Control District (VCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

gasoline bulk plants, terminals and 

vehicle dispensing facilities. We are 

proposing to approve local rules to 

regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by March 2, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0860, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

David Grounds, EPA Region IX, (415) 

972–3019, grounds.david@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: VCAPCD Rule 70, AVAQMD Rule 

461, PCAPCD Rule 215, and SBAPCD 

Rule 316. In the Rules and Regulations 

section of this Federal Register, we are 

approving these local rules in a direct 

final action without prior proposal 

because we believe these SIP revisions 

are not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: December 21, 2010. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2011–1923 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2008–0558; FRL9260–8] 

RIN 2060–AP17 

Regulation of Fuel and Fuel Additives: 

Alternative Test Method for Olefins in 

Gasoline 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to allow 

refiners and laboratories to use an 

alternative test method for olefin 

content in gasoline. This proposed rule 

will provide flexibility to the regulated 

community by allowing an additional 

test method for compliance 

measurement while maintaining 

environmental benefits achieved from 

our fuels programs. 

DATES: Comments or a request for a 

public hearing must be received on or 

before March 2, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

HQ–OAR–2008–0558, by one of the 

following methods: 

Æ http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

Æ E-mail: a-and-r-Docket@epa.gov. 

Æ Fax: (202) 566–9744. 

Æ Mail: ‘‘EPA–HQ–OAR–2008–0558, 

Environmental Protection Agency, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
5320 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

Æ Mailcode: 2822T, 1301 Constitution 

Ave., NW., Washington, DC 20460.’’ 

Æ Hand Delivery: EPA Headquarters 

Library, Room 3334, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID Number EPA–HQ–OAR– 

2008–0558. EPA’s policy is that all 

comments will be included in the 

public docket without change and may 

be made available online at http:// 

www.regulations.gov, http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Unit 1.B of 

the SUPPLEMENTARY INFORMATION section 

of this document: http://www.epa.gov/ 

epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA Headquarters 

Library, Mail Code: 2822T, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

holidays. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1742, 

and the facsimile number for the Air 

Docket is (202) 566–9744. 

FOR FURTHER INFORMATION CONTACT: Joe 

Sopata, Chemist, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. (6406J), NW., Washington, DC 

20460; telephone number: (202) 343– 

9034; fax number: (202) 343–2801; email address: sopata.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The contents of today’s preamble are 

listed in the following outline. 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for EPA? 

II. Proposed Rule Change 

A. Alternative Test Method for Olefins in 

Gasoline 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act of 1995 

(UMRA) 

E. Executive Order 13123: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice and 

Minority Populations and Low-Income 

Populations 

IV. Statutory Provisions and Legal Authority 

I. General Information 

A. Does this action apply to me? 

Regulated categories and entities 

potentially affected by this proposed 

action include those involved with the 

production, importation, distribution, 

sale and storage of gasoline motor fuel 

and diesel motor fuel. 

The table below 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 the types of entities that EPA 

is now aware could be potentially 

regulated by this proposed action. Other 

types of entities not listed in the table 

could also be regulated. To determine 

whether an entity is regulated by this 

proposed action, one should carefully 

examine the existing regulations in 40 

CFR part 80. If you have questions 

regarding the applicability of this 

proposed action to a particular entity, 

consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

Category NAICSs Codes a SIC Codes b Examples of potentially regulated parties 

Industry ..................................................................................... 324110 2911 Petroleum Refiners. 

Industry ..................................................................................... 54138 8734 Testing Laboratories. 

Industry ..................................................................................... 422710, 422720 5171, 5172 Gasoline Marketers and Distributors. 

a North American Industry Classification System (NAICS). 

bStandard Industrial Classification (SIC) system code. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through EDOCKET, regulations.gov 

or e-mail. Clearly mark the part of all of 

the information that you claim to be 

CBI. For CBI information in a disk or CD 

ROM that you mail to EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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1 40 CFR 80.46(b). 

2See Air Docket # EPA–HQ–OAR–2008–0558– 

0002. 

3 73 FR 74350, December 8, 2008. 

4 73 FR 74403, December 8, 2008. 

5See Air Docket # EPA–HQ–OAR–2008–0558– 

0005. 6 74 FR 6233, February 6, 2009. 

7See 40 CFR 80.46(a)(3)(i) through 80.46(a)(3)(iv). 

8See 40 CFR 80.46(a)(4)(i) through 80.46(a)(4)(ii). 

9See 40 CFR 80.46(f)(3)(i). 

10See 40 CFR 80.46(g)(2)(i). 

11See 40 CFR 80.580(c)(2). 

i. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions—The agency 

may ask you to respond to specific 

questions or organize comments 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Proposed Rule Change 

A. Alternative Test Method for Olefins 

in Gasoline 

Refiners, importers and oxygenate 

blenders producing gasoline are 

required to test Reformulated Gasoline 

(RFG), and conventional gasoline (CG) 

for various fuel parameters including 

olefin content. American Society for 

Testing and Materials (ASTM) D1319 is 

currently the designated test method for 

measuring the olefin content of 

gasoline.1

On July 6, 2006, the American 

Petroleum Institute (API) petitioned the 

Agency to allow ASTM D6550 as an 

alternative test method for measuring 

the olefin content of gasoline.2 The 

Agency agreed with this request, viewed 

API’s petition as non-controversial, and 

because no adverse comments were 

anticipated published a direct final 

rule,3 along with a corresponding 

proposed rule,4 on December 8, 2008, 

that would allow ASTM D6550 as an 

alternative test method provided no 

adverse comment was received by 

January 7, 2009, which was the close of 

the comment period. Before the close of 

the comment period, however, the 

Agency received an adverse comment 5

on the proposal for the allowance of 

ASTM D6550 as an alternative test 

method. On February 6, 2009, the 

Agency published a partial withdrawal 

notice 6 for the allowance of ASTM 

D6550 as an alternative test method. 

Since then, the American Petroleum 

Institute (API) and the New York State 

Department of Environmental 

Conservation (NYSDEC) have provided 

additional comments concerning the use 

of this alternative test method. These 

comments have been summarized and 

our responses to them are in the 

Response to Comments Document that 

has been placed in the docket for this 

rulemaking (Docket ID Number EPA– 

HQ–OAR–2008–0558). 

EPA is proposing to allow ASTM 

D6550–05 (SFC) as an alternative to the 

designated test method, ASTM D1319– 

03ε1 (FIA), for measuring olefin content 

of gasoline, provided the results are 

correlated to ASTM D1319–03ε1 using a 

site-specific correlation of FIA (volume 

percent) versus SFC (weight percent). 

The Agency is also proposing that 

correlation be completed on a sitespecific basis. The Agency believes it is 

in a test facility’s best interest to ensure 

that the gasoline fuel set used to 

develop the correlation spans the range 

of olefin properties representative of 

that refinery’s or importer’s gasoline 

production. This gasoline fuel set would 

be analyzed by the test facility’s 

laboratory using both ASTM D1319–03ε1

(also known as FIA, or the designated 

test method) and ASTM D6550–05. A 

resulting correlation equation would 

then be developed in terms of ASTM 

D1319–03ε1 in volume percent and 

ASTM D6550–05 in weight percent. 

Thus, the applicable range of the 

resulting correlation from a facility’s site 

specific correlation would be consistent 

with that specific facility’s olefin 

content range. Furthermore, the 

requirement of correlating SFC test 

methods results to the FIA designated 

test method produces an SFC–FIA 

equivalent result that is suitable for 

input into the Complex Model or for 

meeting fuel reporting requirements. 

EPA originally proposed a 0.857 

factor to convert from mass percent to 

volume percent when using ASTM 

D6500–05. NYSDEC commented this 

conversion factor was not intended for 

universal use and may not be 

appropriate for all gasoline. API 

commented that there is no need to use 

the 0.857 conversion factor when 

developing a correlation between ASTM 

D6500–05 and ASTM D1319–03.ε1 The 

Agency agrees with API’s 

recommendation that there is no need to 

convert olefin content measured by 

ASTM D6550–05 in weight percent to 

volume percent. In today’s proposal, 

EPA is omitting the initial conversion of 

olefin content measured by ASTM 

D6500–05 in weight percent to volume 

percent using the 0.857 factor, as earlier 

proposed on December 8, 2008. 

NYSDEC commented that a bias in 

test measurement results may occur 

between ASTM D1319–03ε1 and ASTM 

D6550–05. The Agency agrees with 

NYSDEC that a bias in gasoline olefin 

measurement results may exist between 

ASTM D1319–03ε1 and ASTM D6550– 

05. In order to compensate for any bias 

that may exist between these two 

analytical test methods, EPA is 

proposing to require ASTM D6550–05 to 

be correlated to ASTM D1319–03,ε1 its 

respective designated test method. 

Refiners or importers that choose to use 

ASTM D6550–05 for the measurement 

of olefin content in gasoline must report 

the correlated result, on a site-specific 

basis, with the designated method, 

ASTM D1319–03,ε1 when using the 

proposed EPA-allowed alternative test 

method, ASTM D6550–05. The olefin 

result as determined by SFC (ASTM 

D6550–05) would be correlated to FIA 

(ASTM D1319–03ε1) based on a specific 

site’s production and never used 

directly for compliance or as an input 

into the Complex Model. 

The Agency believes today’s proposal 

is consistent with past Agency practice 

with our allowance of other alternative 

test methods as specified in 40 CFR 

80.46. The Agency currently allows 

eight alternative test methods for the 

measurement of gasoline or butane 

properties provided their results are 

correlated to the fuel parameter’s 

respective EPA designated test method. 

These alternative test methods are: 

ASTM D5453, ASTM D6920, ASTM 

D3120 and ASTM D7039 for sulfur in 

gasoline,7 ASTM D4468 and ASTM 

D3246 for sulfur in butane,8 ASTM 

D1319 for aromatics in gasoline,9 and 

ASTM D4815 for oxygenate content of 

gasoline.10 In addition, ASTM D4294, 

ASTM D6920 and ASTM D5453 are 

approved alternative test methods for 

measuring the sulfur content of 500 

ppm diesel fuel provided its test results 

are correlated to the designated test 

method, ASTM D2622.11 The Agency 

has evaluated ASTM D6550 as an 

alternative test method for olefins in 

gasoline and agrees with API’s 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
5322 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

12See EPA–HQ–OAR–2008–0558–0010. 

request.12 EPA invites comments on 

today’s proposal to allow ASTM D6550– 

05 as an alternative test method for 

olefin content of gasoline. Comments 

must be received on or before March 2, 

2011. 

Although not the subject of today’s 

proposed rule, EPA intends to establish 

a performance-based test method 

approach (PBTM) rule which would 

provide criteria for the qualification of 

alternative test methods. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under the 

terms of Executive Order (EO) 12866 (58 

FR 51735, October 4, 1993) and is 

therefore not subject to review under the 

EO. 

B. Paperwork Reduction Act 

This proposed rule does not impose 

any new information collection burden. 

However, the Office of Management and 

Budget (OMB), under the provisions of 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., has approved the 

information collection requirements 

contained in the final RFG and antidumping rulemaking and has assigned 

OMB control number 2060–0277. The 

OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s direct final rule on small 

entities, small entity is defined as: (1) A 

small business as defined by the Small 

Business Administrations’ regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s direct final rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 USC 603 and 604. 

Thus an Agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This proposed rule does not impose a 

regulatory burden on anyone, including 

small businesses. Instead, this proposed 

rule will have a positive impact by the 

allowance of ASTM D 6550–05 which 

will provide additional flexibility to the 

regulated community, including small 

businesses, in meeting olefins in 

gasoline testing requirements. We have 

therefore concluded that today’s 

proposed rule will relieve regulatory 

burden for all affected small entities. 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates 

and must inform, educate, and advise 

small governments on compliance with 

the regulatory requirements. 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

The proposed allowance of ASTM D 

6550–05 will provide additional 

flexibility to the regulated community 

in meeting olefins in gasoline testing 

requirements. Thus, this rule is not 

subject to the requirements of sections 

202 and 205 of the UMRA. This action 

is also not subject to the requirements 

of section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This proposed rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The proposed 

allowance of ASTM D 6550–05 will 

provide additional flexibility to the 

regulated community in meeting olefins 

in gasoline testing requirements. Thus, 

Executive Order 13132 does not apply 

to this direct final rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 6, 

2000). This action applies to gasoline 

refiners, blenders and importers that 

supply gasoline. The proposed 

allowance of ASTM D6500–05 will 

provide additional flexibility to the 

regulated community in meeting olefins 

in gasoline testing requirements. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the Executive Order has the potential to 

influence the regulation. This action is 

not subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211(66 FR 18355 (May 22, 

2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rule involves a 

technical standard. EPA is proposing to 

adopt an ASTM standard as described 

in Units II.A of the SUPPLEMENTARY

INFORMATION section of this document. 

The technical standard included in 

today’s rule is a standard developed by 

ASTM, a voluntary consensus standards 

body, and thus raises no issues under 

the NTTAA. The ASTM standard in 

today’s action may be obtained from 

ASTM International at 100 Barr Harbor 

Drive, PO Box C700, West 

Conshohocken, PA 19428–2959, 610– 

832–9585 (phone), 610–832–9555 (fax), 

or service@astm.org (e-mail); or through 

the ASTM Web site (http:// 

www.astm.org). 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice and Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The proposed 

allowance of ASTM D6500–05 will 

provide additional flexibility to the 

regulated community in meeting olefins 

in gasoline testing requirements. This 

proposed rule amendment does not 

relax control measures on sources 

regulated by the rule and therefore will 

not cause emission increases from these 

sources. 

IV. Statutory Provisions and Legal 

Authority 

Statutory authority for today’s 

proposed rule comes from sections 

211(c) and 211(k) of the CAA (42.U.S.C. 

7545(c) and (k)). Section 211(c) allows 

EPA to regulate fuels that contribute to 

air pollution which endangers public 

health or welfare, or which impairs 

emission control equipment. Section 

211(k) prescribes requirements for RFG 

and CG and requires EPA to promulgate 

regulations establishing these 

requirements. Additional support for 

the fuels controls in today’s proposed 

rule comes from sections 114(a) and 

301(a) of the CAA. 

Regulation of Fuel and Fuel Additives: 

Alternative Test Method for Olefins in 

Gasoline 

List of Subjects in 40 CFR Part 80 

Environmental protection, Air 

pollution control, Fuel additives, 

Gasoline, Diesel, Imports, Incorporation 

by reference, Motor vehicle pollution, 

Reporting and recordkeeping 

requirements. 

Dated: January 25, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, part 80 of title 40, chapter I 

of the Code of Federal Regulations is 

proposed to be amended as follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

1. The authority citation for part 80 

continues to reads as follows: 

Authority: 42 U.S.C. 7414, 7521(l), 7545 

and 7601(a). 

Subpart D—[Amended] 

2. Section 80.46 is amended by 

adding paragraphs (b)(2) and (h)(1)(iii) 

to read as follows: 

§ 80.46 Measurement of reformulated 

gasoline fuel parameters. 

* * * * * 

(b) * * * 

(2)(i) Any refiner or importer may 

determine olefin content using ASTM 

standard method ASTM D6550 

(incorporated by reference, see 

paragraph (h) of this section) for 

purposes of meeting any testing 

requirement involving olefin content; 

provided that 

(ii) The refiner or importer test result 

is correlated with the method specified 

in paragraph (b)(1) of this section on a 

site-specific basis. 

* * * * * 

(h) * * * 

(1) * * * 

(iii) ASTM standard method D6550– 

05 (‘‘ASTM D6550’’), Standard Test 

Method for Determination of Olefin 

Content of Gasolines by SupercriticalFluid Chromatography, approved 

November 1, 2005. 

* * * * * 

[FR Doc. 2011–2046 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R08–OAR–2010–0749; FRL–9260–7] 

Determination of Attainment for PM10; 

Columbia Falls and Libby 

Nonattainment Areas, MT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: EPA is proposing to 

determine that the Columbia Falls and 

the Libby nonattainment areas in 

Montana attained the National Ambient 

Air Quality Standard for particulate 

matter with an aerodynamic diameter of 

less than or equal to a nominal ten 

micrometers (PM10) as of December 31, 

1994. 

DATES: Written comments must be 

received on or before March 2, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2010–0749, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: freeman.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 


emcdonald on DSK2BSOYB1PROD with PROPOSALS