Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices 35677 

1OCTAMIX waiver decision, 53 FR 3636 

(February 8, 1988). 

2The co-solvents are any one or a mixture of 

ethanol, propanols, butanols, pentanols, hexanols, 

heptanols and octanols with the following 

constraints: the ethanol, propanols and butanols or 

mixtures thereof must compose a minimum of 60 

Continued 

Short-Term Revision submitted by 

Texas is no less stringent than the 

corresponding federal regulation. 

Therefore, EPA intends to approve the 

program revision. 

DATES: All interested parties may 

request a public hearing. A request for 

a public hearing must be submitted by 

July 16, 2012 to the Regional 

Administrator at the EPA Region 6 

address shown below. Frivolous or 

insubstantial requests for a hearing may 

be denied by the Regional 

Administrator. However, if a substantial 

request for a public hearing is made by 

July 16, 2012, a public hearing will be 

held. If no timely and appropriate 

request for a hearing is received and the 

Regional Administrator does not elect to 

hold a hearing on his own motion, this 

determination shall become final and 

effective on July 16, 2012. Any request 

for a public hearing shall include the 

following information: The name, 

address, and telephone number of the 

individual, organization, or other entity 

requesting a hearing; a brief statement of 

the requesting person’s interest in the 

Regional Administrator’s determination 

and a brief statement of the information 

that the requesting person intends to 

submit at such hearing; and the 

signature of the individual making the 

request, or, if the request is made on 

behalf of an organization or other entity, 

the signature of a responsible official of 

the organization or other entity. 

ADDRESSES: All documents relating to 

this determination are available for 

inspection between the hours of 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, at the following offices: 

Texas Commission on Environmental 

Quality, Water Supply Division, Public 

Drinking Water Section (MC–155), 

Building F, 12100 Park 35 Circle, 

Austin, TX 78753; and United States 

Environmental Protection Agency, 

Region 6, Drinking Water Section 

(6WQ–SD), 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202. 

FOR FURTHER INFORMATION CONTACT: 

Damon McElroy, EPA Region 6, 

Drinking Water Section at the Dallas 

address given above or at telephone 

(214) 665–7159, or by email at 

mcelroy.damon@epa.gov. 

Authority: Section 1413 of the Safe 

Drinking Water Act, as amended (1996), and 

40 CFR part 142 of the National Primary 

Drinking Water Regulations. 

Dated: June 7, 2012. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2012–14570 Filed 6–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2011–0894; FRL–9681–1] 

Regulation of Fuel and Fuel Additives; 

Modification to Octamix Waiver 

(TOLAD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency has reconsidered a portion of a 

fuel waiver granted to the Texas 

Methanol Corporation (Texas Methanol) 

under the Clean Air Act on February 8, 

1988. This waiver was previously 

reconsidered and modified on October 

28, 1988 in a Federal Register 

publication titled ‘‘Fuel and Fuel 

Additives; Modification of a Fuel 

Waiver Granted to the Texas Methanol 

Corporation.’’ Today’s notice approves 

the use of an alternative corrosion 

inhibitor, TOLAD MFA–10A, in Texas 

Methanol’s gasoline-alcohol fuel, 

OCTAMIX. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–HQ–OAR–2011–0894. All 

documents and public comments in the 

docket are listed on the http:// 

www.regulations.gov Web site. 

Publically available docket materials are 

available either electronically through 

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: For 

information regarding this notice 

contact, Joseph R. Sopata, U.S. 

Environmental Protection Agency, 

Office of Air and Radiation, Office of 

Transportation and Air Quality, (202) 

343–9034, fax number, (202) 343–2800, 

email address: sopata.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 211(f)(1) of the Clean Air Act 

(CAA or the Act) makes it unlawful for 

any manufacturer of any fuel or fuel 

additive to first introduce into 

commerce, or to increase the 

concentration in use of, any fuel or fuel 

additive for use by any person in motor 

vehicles manufactured after model year 

1974, which is not substantially similar 

to any fuel or fuel additive utilized in 

the certification of any model year 1975, 

or subsequent model year, vehicle or 

engine under section 206 of the Act. The 

Environmental Protection Agency (EPA 

or the Agency) last issued an 

interpretive rule on the phrase 

‘‘substantially similar’’ at 73 FR 22281 

(April 25, 2008). Generally speaking, 

this interpretive rule describes the types 

of unleaded gasoline that are likely to be 

considered ‘‘substantially similar’’ to 

the unleaded gasoline utilized in EPA’s 

certification program by placing limits 

on a gasoline’s chemical composition as 

well as its physical properties, 

including the amount of alcohols and 

ethers (oxygenates) that may be added to 

gasoline. Fuels that are found to be 

‘‘substantially similar’’ to EPA’s 

certification fuels may be registered and 

introduced into commerce. The current 

‘‘substantially similar’’ interpretive rule 

for unleaded gasoline allows no more 

than 2.7 percent oxygen by weight for 

certain ethers and alcohols. 

Section 211(f)(4) of the Act provides 

that upon application of any fuel or fuel 

additive manufacturer, the 

Administrator may waive the 

prohibitions of section 211(f)(1) if the 

Administrator determines that the 

applicant has established that the fuel or 

fuel additive, or a specified 

concentration thereof, will not cause or 

contribute to a failure of any emission 

control device or system (over the useful 

life of the motor vehicle, motor vehicle 

engine, nonroad engine or nonroad 

vehicle in which such device or system 

is used) to achieve compliance by the 

vehicle or engine with the emission 

standards to which it has been certified 

pursuant to sections 206 and 213(a) of 

the Act. The statute requires that the 

Administrator shall take final action to 

grant or deny an application after public 

notice and comment, within 270 days of 

receipt of the application. 

The Texas Methanol Corporation 

received a waiver under CAA section 

211(f)(4) for a gasoline-alcohol fuel 

blend, known as OCTAMIX,1 provided 

that the resultant fuel is composed of a 

maximum of 3.7 percent by weight 

oxygen, a maximum of 5 percent by 

volume methanol, a minimum of 2.5 

percent by volume co-solvents 2 and 


pmangrum on DSK3VPTVN1PROD with NOTICES
35678 Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices 

percent by weight of the co-solvent mixture; a 

maximum limit of 40 percent by weight of the cosolvents mixture is placed on the pentanols, 

hexanols, heptanols and octanols; and the 

heptanols and octanols are limited to 5 percent by 

weight of the co-solvent mixture. 

3Additional conditions were the final fuel must 

meet ASTM volatility specifications contained in 

ASTM D439–85a, as well as phase separation 

conditions specified in ASTM D–2 Proposal P–176 

and Texas Methanol alcohol purity specifications. 

4 53 FR at 3637. 

5EPA–HQ–OAR–2011–0894–0001. 

6 53 FR at 3637. 

7 53 FR at 3637. 

8NACE Standard TM–01–72. 

9EPA–HQ–OAR–2011–0894–0008. 

10EPA–HQ–OAR–2011–0894–0007. 11EPA–HQ–OAR–2011–0894–0005. 12EPA–HQ–OAR–2011–0894–0006. 13EPA–HQ–OAR–2011–0894–0002 and EPA– 

HQ–OAR–2011–0894–0003. 

14See 40 CFR 79.56(e)(3)(i). 

15For our most recent substantially similar 

gasoline interpretative rule, please see: http:// 

www.epa.gov/fedrgstr/EPA-AIR/2008/April/Day-25/ 

a8944.pdf. 

16See 40 CFR 80.27 for applicable volatility 

specifications for conventional gasoline, or 40 CFR 

80 Subpart D for reformulated gasoline 

requirements, or any applicable state 

implementation plan approved by EPA that 

includes low RVP fuel. 

17See American Society for Testing and Materials 

(ASTM) D4814 for applicable gasoline phase 

separation conditions. 

18Additional conditions were the final fuel must 

meet ASTM volatility specifications contained in 

ASTM D439–85a (ASTM D4814 supercedes ASTM 

D439–85a), as well as phase separation conditions 

specified in ASTM D–2 Proposal P–176 (ASTM 

D4814 supercedes ASTM D–2 Proposal P–176) and 

Texas Methanol alcohol purity specifications. 

42.7 milligrams per liter (mg/l) of 

Petrolite TOLAD MFA–10 corrosion 

inhibitor.3 In the OCTAMIX waiver, the 

Agency invited other corrosion inhibitor 

manufacturers to submit test data to 

establish, on a case-by-case basis, 

whether their fuel additive formulations 

are acceptable as alternatives to TOLAD 

MFA–10.4

On October 14, 2011, Baker Hughes 

requested EPA allow the use of its 

alternative corrosion inhibitor, 

TOLADTM MFA–10A, in the OCTAMIX 

gasoline-alcohol fuel blend which 

otherwise would not be allowed under 

the waiver.5 TOLADTM MFA–10A is a 

fuel additive formulation consisting of a 

corrosion inhibitor. 

On January 20, 2012, EPA published 

a notice in the Federal Register (77 FR 

2979) announcing receipt of Baker 

Hughes’s request and inviting comment 

on it. The comment period closed on 

February 21, 2012. EPA received 

comments from four commenters 

(discussed below). 

II. Discussion 

One of the major areas of concern to 

EPA in reviewing any waiver request is 

the problem of materials compatibility. 

Materials compatibility data could show 

a potential failure of fuel systems, 

emissions related parts and emission 

control parts from use of the fuel or fuel 

additive. Any failure could result in 

greater emissions that would cause or 

contribute to the engines or vehicles 

exceeding their emissions standards. 

Initially, Texas Methanol requested the 

use of TOLAD MFA–10 or an 

appropriate concentration of any other 

corrosion inhibitor such that the fuel 

will pass the National Association of 

Corrosion Engineer’s TM–01–72 (NACE 

RUST TEST). However, EPA concluded 

that compliance with the NACE Rust 

Test alone was not adequate in 

determining suitability of a corrosion 

inhibitor for use under the OCTAMIX 

waiver.6 The Agency decided, therefore, 

to look at corrosion inhibitors on a caseby-case basis to establish whether each 

formulation would be acceptable as an 

alternative to the formulation of the 

original corrosion inhibitor, TOLAD 

MFA–10, used in the OCTAMIX 

waiver.7

In order to determine whether the 

OCTAMIX waiver would meet the 

criteria of section 211(f) if TOLAD 

MFA–10A were to be used an 

alternative corrosion inhibitor, EPA 

reviewed all data submitted with or 

referenced by the Baker Hughes 

application. Baker Hughes provided 

data showing their corrosion inhibitor, 

TOLAD MFA–10A, met the NACE 

corrosion test.8 EPA also considered the 

information received from the public 

during the public comment period. 

There were four public comments 

submitted to the Agency in response to 

the notice published on January 20, 

2012. Carbon Recycling International,9

Methanex,10 Methanol Institute 11 and 

TEIR Associates Incorporated 12

submitted comments in support of 

allowing TOLAD MFA–10A as an 

alternative corrosion inhibitor for use in 

the OCTAMIX fuel. Two of these 

commenters noted that the original 

corrosion inhibitor, TOLAD MFA–10, 

had been used successfully by several 

refiners on a commercial basis as an 

effective corrosion inhibitor. Two 

commenters, in addition to Baker 

Hughes, stated that the active 

ingredients for corrosion inhibitor 

efficacy are the same for both TOLAD 

MFA–10 and TOLAD MFA–10A, while 

one commenter in addition to Baker 

Hughes noted that the only difference 

between these two corrosion inhibitor 

formulations is a solvent to improve 

additive handling in commerce. Three 

commenters noted that the Baker 

Hughes’ evaluation of both TOLAD 

MFA–10 and TOLAD MFA–10A 

resulted in equivalent passing 

performance with regards to the NACE 

corrosion test.13

TOLAD MFA–10A is a fuel additive 

containing the same active ingredients 

for corrosion inhibitor efficacy with 

OCTAMIX gasoline-alcohol fuels as the 

original corrosion inhibitor approved in 

the OCTAMIX waiver, TOLAD MFA–10. 

The only difference between TOLAD 

MFA–10 and TOLAD MFA–10A is a 

solvent formulation change to improve 

additive handling in commerce. Both 

TOLAD MFA–10 and TOLAD MFA– 

10A were evaluated under the most 

aggressive fuel formulation of alcohols 

allowed under the OCTAMIX waiver 

that included only methanol at 5 

volume percent and ethanol at 2.5 

volume percent. The use of higher 

molecular weight cosolvent alcohols, 

such as propanols or butanols, would 

tend to be less corrosive. Both TOLAD 

MFA–10 and TOLAD MFA–10A passed 

the NACE corrosion test with the most 

aggressive fuel allowed under the 

OCTAMIX waiver. Since TOLAD MFA– 

10A passed the NACE corrosion test 

using the most aggressive fuel 

formulation allowed under the 

OCTAMIX waiver, the Agency believes 

that Baker Hughes has demonstrated 

that TOLAD MFA–10A is an effective 

corrosion inhibitor for use under the 

OCTAMIX waiver. 

With regard to the question of the 

emissions impacts of TOLAD MFA– 

10A, its minimum treat rate of 25 mg/ 

l is about 40 percent less than TOLAD 

MFA–10. The chemical composition 

and treat rate of TOLAD MFA–10A, 

which is less than 0.01 mass percent by 

weight, is such that it is a fuel additive 

falling under the baseline gasoline fuel 

grouping category 14 under our fuel and 

fuel additive registration regulations. In 

addition, the chemical composition and 

treat rate of TOLAD MFA–10A is such 

that it is a fuel additive that meets our 

gasoline substantially similar 

definition.15 Given that TOLAD MFA– 

10A is a fuel additive that is both 

substantially similar to the fuel 

additives used in our certification 

program and a fuel additive falling 

under our baseline gasoline fuel 

category, one would not expect 

significant emissions changes from the 

use of TOLAD MFA–10A compared to 

other fuel additives that fall under the 

baseline gasoline fuel category, which 

also includes TOLAD MFA–10 and 

DMA–67. Therefore, as long as the other 

conditions of the OCTAMIX waiver are 

met, which include applicable gasoline 

volatility specifications,16 gasoline 

phase separation specifications 17 and 

alcohol purity conditions,18 the Agency 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices 35679 

believes the that the use of TOLAD 

MFA–10A in place of TOLAD MFA–10 

will allow engines and vehicles to 

remain compliant with their emissions 

standards when using fuels made as 

approved under the original conditions 

granted for the OCTAMIX waiver. 

III. Finding and Conclusion 

Based on the information submitted 

by Baker Hughes in its application, and 

the additional information received 

during the public comment period, I 

conclude that the performance of 

TOLAD MFA–10A in OCTAMIX would 

be comparable to TOLAD MFA–10, the 

original corrosion inhibitor approved 

under the OCTAMIX waiver. Therefore, 

I am modifying condition (3) of the 

OCTAMIX waiver to read as follows: 

(3) Any one of the following four 

corrosion inhibitors must be included: 

(a) Petrolite’s corrosion inhibitor 

formulation, TOLAD MFA–10, blended 

in the final fuel at 42.7 mg/l; 

OR 

(b) DuPont’s corrosion inhibitor 

formulation, DMA–67, blended in the 

final fuel at 31.4 mg/l; 

OR 

(c) Spirit of 21st Century LLC’s 

corrosion inhibitor formulation, 

TXCeed, blended in the final fuel at 3.9 

ml/gal (987.6 mg/l); 

OR 

(d) Baker Hughes’s corrosion inhibitor 

formulation, TOLAD MFA–10A, 

blended in the final fuel at 25 mg/l. 

This action should provide additional 

flexibility to any manufacturer wishing 

to produce the OCTAMIX blend. At the 

same time, any manufacturer wishing to 

use a corrosion inhibitor other than the 

four permitted by the OCTAMIX waiver 

must apply for a further modification of 

the waiver. Since EPA is still unaware 

of any basis for extrapolating findings in 

the emissions impact of one corrosion 

inhibitor to other corrosion inhibitors, 

the Agency will continue to examine the 

emissions impact of specific corrosion 

inhibitor formulations on a case-by-case 

basis. 

IV. Miscellaneous 

This waiver modification decision is 

final agency action of national 

applicability for purposes of section 

307(b)(1) of the Act. Pursuant to CAA 

section 307(b)(1), judicial review of this 

final agency action may be sought only 

in the United States Court of Appeals 

for the District of Columbia Circuit. 

Petitions for review must be filed by 

August 13, 2012. Judicial review of this 

final agency action may not be obtained 

in subsequent proceedings, pursuant to 

CAA section 307(b)(2). This action is 

not a rulemaking and is not subject to 

the various statutory and other 

provisions applicable to a rulemaking. 

Dated: June 7, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–14569 Filed 6–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

[Public Notice 2012–0134] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB review and 

comments request. 

Form Title: EIB 09–01 Payment 

Default Report OMB 3048–0028. 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

This collection allows insured/ 

guaranteed parties and insurance 

brokers to report overdue payments 

from the borrower and/or guarantor. ExIm Bank customers will submit this 

form electronically through Ex-Im 

Online, replacing paper reporting. Ex-Im 

Bank has simplified reporting of 

payment defaults in this form by 

including checkboxes and providing for 

many fields to be self-populated. Ex-Im 

Bank provides insurance, loads, and 

guarantees for the financing of exports 

of goods and services. 

DATES: Comments should be received on 

or before August 13, 2012 to be assured 

of consideration. 

ADDRESSES: Direct all comments to 

Mauricio Paredes, Export-Import Bank 

of the United States, 811 Vermont Ave. 

NW., Washington, DC 20571. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 09–01 

Payment Default Report. 

OMB Number: 3048–0028. 

Type of Review: Regular. 

Need and Use: the information 

requested enables insured/guaranteed 

parties and insurance brokers to report 

overdue payments from the borrower 

and/or guarantor. 

Affected Public: Insured/guaranteed 

parties and brokers. 

Annual Number of Respondents: 200. 

Estimated Time per Respondent: 15 

minutes. 

Government Review Time: 50 hours. 

Cost to the Government: $2,000. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2012–14551 Filed 6–13–12; 8:45 am] 

BILLING CODE 6690–01–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

[Public Notice 2012–0136] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: EIB 94–08 Notification 

and Assignment by Insured to Financial 

Institution of Medium Term Export 

Credit Insurance Policy. 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. Ex-Im Bank is requesting an 

emergency approval of Ex-Im Bank form 

EIB 94–08, Notification and Assignment 

by Insured to Financial Institution of 

Medium Term Export Credit Insurance 

Policy. Ex-Im Bank’s exporter policy 

holders, along with the financial 

institution providing it with financing, 

provide this form to Ex-Im Bank. The 

form transfers the duties and obligations 

of the insured exporter to the financial 

institution. It also provides 

certifications to the financial institution 

and Ex-Im Bank that the financed export 

transaction results in a valid, 

enforceable, and performing debt 

obligation. Exporter policy holders need 

this form to obtain financing for their 

medium term export sales. Ex-Im Bank 

believes that EIB 94–08 requires 

emergency approval in order to 

continue operation of its medium term 

program for U.S. exporters. 

Lack of an emergency approval of this 

form would greatly restrict our ability to 

support many of the export sales made 

by U.S. businesses. Without this form, it 

would not be possible for financial 

institutions to obtain sufficient comfort 

to provide funding to our exporter 

policy holders. This would adversely 

impact Ex-Im Bank’s ability to finance 

small business exporters and its overall 

mission to support U.S. exports and 

maintain U.S. jobs. Accordingly, Ex-Im 

Bank requests emergency approval of 


pmangrum on DSK3VPTVN1PROD with NOTICES