3832 Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Rules and Regulations

TABLE II.—RECONFIRMATION OF PART 60 DELEGATIONS AS THEY APPLY TO MASSACHUSETTS TITLE V OPERATING

PERMITS PROGRAM—Continued

Kb ........................... PETROLEUM LIQUID STORAGE VESSELS 7/23/84.

AAa ........................ ELECTRIC ARC FURNACES AND ARGON-OXYGEN DECARBURIZATION.

VV .......................... EQUIPMENT LEAKS OF VOC IN SOCMI.

DDD ........................ VOC EMISSIONS FROM POLYMER MANUFACTURING INDUSTRY.

III ............................ VOC FROM SOCMI AIR OXIDATION UNIT.

NNN ........................ VOC FROM SOCMI DISTILLATION.

OOO ....................... NONMETALLIC MINERAL PLANTS.

PPP ........................ WOOL FIBERGLASS INSULATION.

RRR ........................ VOC EMISSIONS FROM SOCMI PROCESS.

SSS ........................ MAGNETIC TAPE COATING.

TTT ......................... SURFACE COATING OF PLASTIC PARTS FOR BUSINESS MACHINES.

UUU ........................ CALCINERS & DRYERS IN THE MINERAL INDUSTRY.

VVV ........................ POLYMERIC COATING OF SUPPORTING SUBSTRATES.

TABLE III.—DELEGATION OF PART 63 STANDARDS AS THEY APPLY TO MASSACHUSETTS TITLE V OPERATING PERMITS

PROGRAM

PART 63 SUBPART CATEGORIES

A ............................. General Provisions.

F ............................. National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing

Industry.

G ............................ National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing

Industry Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

H ............................. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.

I .............................. National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks.

M ............................ National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities.

N ............................. National Emission Standards for Chromium Emissions from Hard and Decorative Electroplating and Chromium Anodizing

Tanks.

O ............................ Ethylene Oxide Emission Standards for Sterilization Facilities.

Q ............................ National Emission Standards for Hazardous Air Pollutants for Industrial Cooling Towers.

R ............................. National Emission Standards for Organic Hazardous Air Pollutants for Source Categories: Gasoline Distribution (Stage I).

T ............................. National Emission Standards for Halogenated Solvent Cleaning.

W ............................ National Emission Standards for Organic Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon

Polyamides Production.

X ............................. National Emission Standards for Organic Hazardous Air Pollutants from Secondary Lead Smelting.

EE .......................... National Emission Standards for Magnetic Tape Manufacturing Operations.

Part 70, title 40 of the Code of Federal

Regulations is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by adding the entry for Massachusetts in

alphabetical order to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Massachusetts

(a) Department of Environmental

Protection: submitted on April 28, 1995;

interim approval effective on March 4,

1996; interim approval expires March 2,

1998.

(b) (Reserved)

* * * * *

[FR Doc. 96–2248 Filed 2–1–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[FRL–5412–1]

RIN 2060–AD55

Prohibition on Gasoline Containing

Lead or Lead Additives for Highway

Use

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The Clean Air Act prohibits

the introduction of gasoline containing

lead or lead additives into commerce for

use as a motor vehicle fuel after

December 31, 1995. In today’s action,

EPA revises its regulations regarding

gasoline so as to prohibit the

introduction of gasoline which is

produced with the use of any lead

additive, or contains more than 0.05

gram of lead per gallon, into commerce

for use as motor vehicle fuel effective

January 1, 1996, remove existing

regulatory provisions which will no

longer be necessary as a result of this

ban, and modify other provisions to

reflect the institution of this ban.

Among the provisions deleted are

recordkeeping and reporting

requirements for refiners and importers,

and the requirement that motor vehicle

manufacturers place ‘‘unleaded fuel

only’’ labels on the dashboard and on or

around the fuel filler inlet area of each

motor vehicle produced. EPA believes

that continuance of the provisions

deleted by this rule would pose

needless costs on industry in light of the

ban.

In the proposed rules Section of

today’s Federal Register, EPA is

proposing to issue a regulatory ban on

the introduction of gasoline which is

produced with the use of any lead

additive, or contains more than 0.05

gram of lead per gallon, into commerce

for use as a motor vehicle fuel effective

January 1, 1996, and to remove existing

regulatory provisions which will no

longer be necessary as a result of this

ban, and modify other provisions to

reflect the institution of this ban. If

adverse comment or a request for an

opportunity for a public hearing is
Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Rules and Regulations 3833

1Persons interested in detailed historical

information may refer to the following Federal

Register notices: ‘‘Regulation of Fuel Additives—

Advanced Notice of Proposed Rulemaking,’’ 36 FR

1486 (January 30, 1971); ‘‘Regulation of Fuels and

Fuel Additives—Notice of Proposed Rulemaking,’’

37 FR 3882 (February 23, 1972); ‘‘Regulation of

Fuels and Fuel Additives—Notice of Proposed

Rulemaking,’’ 38 FR 1254 (January 10, 1973);

‘‘Proposed Rulemaking Concerning Availability of

Unleaded Gas,’’ 38 FR 28301 (October 12, 1973);

‘‘Control of Lead Additives in Gasoline,’’ 38 FR

33734 (December 6, 1973); ‘‘Fuels and Fuel

Additives—Suspension of Enforcement of

Regulations for Control of Lead Additives in

Gasoline,’’ 40 FR 7480 (February 20, 1975); ‘‘Fuels

and Fuel Additives—Lifting of Suspension of

Enforcement of Regulations for Control of Lead

Additives in Gasoline,’’ 41 FR 13984 (April 1,

1976); ‘‘Regulation of Fuel and Fuel Additives—

Lifting of Suspension of Enforcement of Regulation

Additives in Gasoline,’’ 41 FR 28352 (July 9, 1976);

‘‘Regulation of Fuels and Fuel Additives—Control

of Lead Additives in Gasoline,’’ 41 FR 42675

(September 28, 1976); ‘‘Lead Additives in Gasoline:

Controls on Refiners, Clarifications and Response to

Public Comments,’’ 41 FR 55646 (December 21,

1976); ‘‘Regulation of Fuels and Fuel Additives:

Small Refinery Amendment—Final Rulemaking,’’

44 FR 46275 (August 7, 1979); ‘‘Controls Applicable

to Gasoline Refiners; Lead Phase-Down

Regulations—Notice of Proposed Rulemaking,’’ 45

FR 3722. Also see: ‘‘Regulation of Fuels and Fuel

Additives—Proposed Rule,’’ 47 FR 7812 (February

22, 1982); ‘‘Regulation of Fuels and Fuel

Additives—Withdrawal of Proposed Rule,’’ 47 FR

38070 (August 27, 1982); ‘‘Regulation of Fuels and

Fuel Additives—Final Rule,’’ 47 FR 49322 (October

29, 1982).

received on this direct final rule, EPA

will withdraw the direct final rule and

address the comments received in a

subsequent final rule on the related

proposed rule. No additional

opportunity for public comment on the

leaded gasoline prohibition and related

regulatory changes will be provided.

The statutory ban goes into effect as

of January 1, 1996, whether or not EPA

amends its regulations by January 1,

1996 to incorporate the statutory ban on

the introduction of gasoline containing

lead or lead additivies into commerce

for use as motor vehicle fuel.

DATES: This action will become effective

on March 4, 1996 unless notice is

received by February 20, 1996 from

someone who wishes to submit adverse

comment or request an opportunity for

a public hearing. If such notice is

received, EPA will withdraw this direct

final rule, and a timely notice will be

published in the Federal Register to

indicate the withdrawal.

ADDRESSES: Materials relevant to this

rulemaking have been placed in Docket

A–95–13. The docket is located at the

U.S. Environmental Protection Agency,

Air Docket Section, 401 M Street, SW.,

Washington, DC 20460 in Room M–1500

of Waterside Mall. 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. Those

wishing to notify EPA of their intent to

submit adverse comment or request an

opportunity for a public hearing on this

action should contact Paulina Chen,

U.S. Environmental Protection Agency,

Office of Air and Radiation, (202) 233–

9031.

FOR FURTHER INFORMATION CONTACT:

Paulina Chen, U.S. Environmental

Protection Agency, Office of Air and

Radiation, (202) 233–9031.

SUPPLEMENTARY INFORMATION: A copy of

this action is available on the OAQPS

Technology Transfer Network Bulletin

Board System (TTNBBS). The TTNBBS

can be accessed with a dial-in phone

line and a high-speed modem (PH# 919–

541–5742). The parity of your modem

should be set to none, the data bits to

8, and the stop bits to 1. Either a 1200,

2400, 9600, 14.4K, or 28.8K baud

modem should be used. When first

signing on, the user will be required to

answer some basic informational

questions for registration purposes.

After completing the registration

process, proceed through the following

series of menus:

(M) OMS

(K) Rulemaking and Reporting

(3) Fuels

(8) Leaded fuel and engine bans

Today’s action will be in the form of

a ZIP file and can be identified by the

following title: LEADBAN.ZIP. To

download this file, type the instructions

below and transfer according to the

appropriate software on your computer:

<D>ownload, <P>rotocol, <E>xamine,

<N>ew, <L>ist, or <H>elp Selection or

<CR> to exit: D filename.zip.

You will be given a list of transfer

protocols from which you must choose

one that matches with the terminal

software on your own computer. The

software should then be opened and

directed to receive the file using the

same protocol. Programs and

instructions for de-archiving

compressed files can be found via

<S>ystems Utilities from the top menu,

under <A>rchivers/de-archivers. Please

note that due to differences between the

software used to develop the document

and the software into which the

document may be downloaded, changes

in format, page length, etc. may occur.

I. Introduction

A. Background

In the early 1970s, EPA issued

regulations regarding lead in gasoline in

order to accomplish two purposes. First,

EPA issued regulations designed to

ensure the availability of unleaded

gasoline for use in motor vehicles

equipped with emission control systems

such as catalytic converters. EPA had

determined that lead additives would

impair to a significant degree the

performance of emission control

systems. 38 FR 1254 (Jan. 10, 1973).

Second, EPA issued regulations

designed to gradually reduce the

content of lead in leaded gasoline,

because EPA found that lead particle

emissions from motor vehicles

presented a significant risk of harm to

the health of urban populations,

especially children. 38 FR 33734 (Dec.

6, 1973).

The first category of regulations,

which were designed to ensure the

availability of unleaded gasoline,

defined unleaded gasoline as gasoline

containing not more than 0.05 gram of

lead per gallon and not more than 0.005

gram of phosphorus per gallon. 38 FR at

1255. The Agency allowed up to 0.05

gram of lead per gallon in unleaded

gasoline because it determined this

maximum trace level would provide

adequate protection for catalyst

emission control devices and would be

practicable for the petroleum industry.

38 FR 1254. The current definition of

unleaded gasoline still allows for trace

amounts of lead up to 0.05 gram per

gallon but expressly prohibits the use of

any lead additive in the production of

unleaded gasoline. 40 C.F.R. 80.2(g).

The same 1973 regulations also

limited phosphorus in unleaded

gasoline to 0.005 gram per gallon or less,

because the Agency found this

maximum, set at trace levels, was

necessary to prevent catalyst

deterioration in emission control

systems. 38 FR 1254–55. The current

definition of unleaded gasoline still

limits phosphorus to no more than

0.005 gram per gallon. 40 C.F.R. 80.2(g).

In 1973, EPA also instituted the lead

phasedown program designed to

minimize the lead content of leaded

gasoline. Through an orderly phase out,

including banking and trading of lead

credits, and through aggressive

enforcement, the lead phasedown

program was successful. By 1988, it was

estimated that total lead usage in

gasoline had been reduced to less than

one percent of the amount of lead used

in the peak year of 1970.1 The remaining

uses of leaded gasoline in motor

vehicles are predominantly in rural

areas.

B. Statutory Authority

In 1990 Congress added section

211(n) to the Clean Air Act, which

provides as follows:

After December 31, 1995, it shall be

unlawful for any person to sell, offer for sale,

supply, offer for supply, dispense, transport,
3834 Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Rules and Regulations

2Section 211(n) of the Clean Air Act refers to the

definition of motor vehicle in 42 U.S.C. 7554(2), but

the definition appears in section 7550(2) (section

7554 pertains to urban bus standards). EPA believes

that section 211(n) contains a typographical error

and that Congress intended to refer to the definition

of motor vehicle that appears in 42 U.S.C. 7550(2).

3The regulatory definition of ‘‘unleaded

gasoline’’ also contains a cap on the amount of

phosphorus, see 40 CFR 80.2(g), but the phosphorus

cap is not relevant to the discussion of section

211(n).

4Congress is presumed to be familiar with an

agency’s construction of the existing provisions of

a statute when Congress amends the statute. N.

Singer, Sutherland Statutes and Statutory

Construction, § 22.35 (5th Ed. 1992).

or introduce into commerce, for use as fuel

in any motor vehicle (as defined in section

7554(2) of this title) any gasoline which

contains lead or lead additives.

42 U.S.C. 7545(n). The term ‘‘motor

vehicle’’ is defined to include any selfpropelled vehicle designed for

transporting persons or property on a

street or highway. 42 U.S.C. 7550(2).2

Section 211(n)’s prohibition will

become effective January 1, 1996. By

this action, EPA is incorporating the

statutory ban into the agency’s existing

regulations on the lead content of

gasoline, and is simplifying the existing

regulations accordingly. In so doing,

EPA had to determine whether Congress

specifically intended in section 211(n)

to ban the introduction into commerce

for use in motor vehicles of gasoline

which contains even a trace amount of

lead, or whether this prohibition could

reasonably be interpreted as authorizing

the continued sale of unleaded gasoline

which includes the trace amount of lead

currently allowed under EPA’s

regulations.

As EPA interprets the statutory ban, it

prohibits the sale of gasoline which is

produced with the use of any lead

additive or contains more than a trace

amount of lead, but allows the

continued sale of gasoline which meets

EPA’s current definition of unleaded

gasoline. EPA has historically defined

unleaded gasoline as gasoline that is

produced without the use of any lead

additive and that contains no more than

0.05 gram of lead per gallon.3 EPA

interprets section 211(n) this way for the

following reasons.

Unleaded gasoline that was produced

without lead additives may pick up

trace amounts of lead as it passes

through refinery and transport systems

that had previously contained leaded

gasoline. The language of section 211(n)

indicates no clear Congressional intent

regarding such trace amounts of lead

that unintentionally exist in gasoline

which was produced without the use of

lead additives. Had Congress wanted to

ban even unintentional, trace amounts

of lead, it could have made its intent

clear with, for example, statutory

language banning gasoline that

‘‘contains any lead or lead additives.’’

While the text of section 211(n) is

ambiguous, its heading and the heading

of section 220 of the 1990 amendments,

which added section 211(n) to the Clean

Air Act, suggest that Congress intended

to ban the use in motor vehicles of

leaded gasoline, which EPA has

historically defined as gasoline that is

produced with the use of a lead additive

or that contains more than 0.05 gram of

lead per gallon. See 40 CFR 80.2(f).

Where headings are enacted by Congress

in conjunction with the statutory text

and the meaning of the text is

ambiguous, headings may help

elucidate congressional intent. E.g.,

United States v. Wallington, 889 F.2d

573, 577 (5th Cir. 1989). In this instance,

the heading of section 220 of the 1990

amendments reads ‘‘Lead Phasedown’’

while the heading of section 211(n)

reads ‘‘Prohibition on Leaded Gasoline

for Highway Use.’’ Clean Air Act

Amendments of 1990, Pub. L. No. 101–

549, § 220, 104 Stat. ll, 2500 (1990).

Since it is presumed that Congress was

familiar with EPA’s existing regulations

implementing the phasedown of lead in

leaded gasoline,4 these headings suggest

that Congress intended to complete the

lead phasedown program by banning

the use in motor vehicles after 1995 of

gasoline that is produced with the use

of a lead additive or that contains more

than 0.05 gram of lead per gallon.

The legislative history of the Clean

Air Act Amendments of 1990 supports

this interpretation of Congress’s intent

in adding section 211(n) to the Clean

Air Act. While the conference report for

the 1990 amendments contains no

explanation of section 220, the ‘‘ChafeeBaucus Statement of Senate Managers,’’

which was included in the

Congressional Record at the request of

Senators Chafee and Baucus to

supplement the conference report,

describes the provision as banning ‘‘the

sale of leaded gasoline * * *.’’ 136

Cong. Rec. S16,938 (Oct. 27, 1990). This

evidence supports EPA’s conclusion

that section 211(n) may reasonably be

interpreted as banning in 1996 the

introduction into commerce for use as a

motor vehicle fuel all gasoline that is

produced with the use of any lead

additive or that contains more than 0.05

gram lead per gallon. See Chevron, USA

v. NRDC, 467 U.S. 837 (1984).

EPA originally issued regulations

mandating the availability of unleaded

gasoline for use in motor vehicles

containing catalytic converters or

similar emission control devices under

section 211(c) of the Clean Air Act,

which authorizes the Administrator to

control the manufacture, introduction

into commerce, offering for sale, or sale

of any fuel additive for use in a motor

vehicle if the emission products of such

additive will impair to a significant

degree the performance of any emission

control device. 42 U.S.C. 7545(c)(1). The

definition of ‘‘unleaded gasoline’’ which

EPA finalized at that time and which

remains in effect today includes a

phosphorus cap of not more than 0.005

gram per gallon because phosphorus

above this trace level could cause

catalyst deterioration in emission

control systems. EPA’s actions in this

rule do not change its prior exercise of

authority under section 211(c) to control

the amount of phosphorus in gasoline.

EPA also promulgates this final rule

pursuant to its authority under section

301(a) of the Clean Air Act, 42 U.S.C.

7601(a).

C. Availability of Gasoline Containing

Lead or Lead Additives for Uses Other

Than as Motor Vehicle Fuel

Section 211(n) bans the use of

gasoline containing lead or lead

additives for use as a motor vehicle fuel

but does not restrict other potential uses

of gasoline containing lead or lead

additives. The definition of motor

vehicle is limited to self-propelled

vehicles designed for transporting

persons or property on a street or

highway. 42 U.S.C. 7550(2). The

regulations of 40 CFR Part 80, which are

amended by this rule, apply only to fuel

that is sold for use in motor vehicles.

See 40 CFR 80.2(c). The petroleum

industry may continue to make and

market gasoline produced with lead

additives for all remaining uses,

including use as fuel in aircraft, racing

cars, and nonroad engines such as farm

equipment engines and marine engines,

to the extent otherwise allowed by law.

II. Description of Today’s Rule

Today’s direct final rule amends 40

CFR Part 80 to prohibit the introduction

into commerce for use as a motor

vehicle fuel after December 31, 1995 of

gasoline which is produced with the use

of any lead additive, or contains more

than 0.05 gram of lead per gallon, in

accordance with section 211(n) of the

Clean Air Act. Because the existing

regulations at 40 CFR Part 80 currently

allow the sale of leaded gasoline for use

as a motor vehicle fuel, and the

prohibition in Section 211(n) makes

some of Part 80’s requirements

unnecessary, this rule also deletes the

provisions which are no longer needed,

and modifies other provisions to reflect

the institution of the ban.
Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Rules and Regulations 3835

A detailed description of this rule’s

changes to 40 CFR Part 80 is offered

below. This rule becomes effective on

March 4, 1996 and all changes

discussed below become effective on

that date.

A. Prohibition on the Sale of Gasoline

Which is Produced With the Use of Any

Lead Additive or Contains More Than

0.05 Gram of Lead Per Gallon

In accordance with the statutory ban

set forth in section 211(n) of the Clean

Air Act, this rule adds a paragraph (b)

to section 80.22 that prohibits

introducing into commerce for use as

fuel in motor vehicles gasoline which is

produced with the use of any lead

additive or contains more than 0.05

gram of lead per gallon. As explained

above, EPA will permit an unintentional

trace level of lead in motor vehicle fuel.

Also, the term ‘‘lead additive’’ as

defined in section 80.2(e) encompasses

pure lead as well as lead compounds, so

that the ban in section 80.22(b) will

cover gasoline produced with the use of

pure lead as well as lead compounds.

B. Related Changes

Several of Part 80’s existing

provisions will become unnecessary

once the statutory ban on the use of

gasoline containing lead or lead

additives as a motor vehicle fuel goes

into effect on January 1, 1996.

Accordingly, this rule deletes or revises

the following provisions effective March

4, 1996.

Section 80.2(f). Section 80.2(f)

currently contains the definition of

leaded gasoline and is deleted. The

definition of leaded gasoline is no

longer necessary in regulations relating

to motor vehicle fuels once the statute’s

ban on using gasoline containing lead or

lead additives as motor vehicle fuel goes

into effect.

Section 80.7. Section 80.7 currently

explains the extent to which EPA may

require persons to provide information

to EPA when EPA has reason to believe

that a violation of section 211(c) of the

Clean Air Act and the regulations

thereunder has occurred. This rule

amends section 80.7 to include a

reference to violations of section 211(n)

of the Clean Air Act and the regulations

thereunder. It also deletes the reference

to labels and signs in section 80.7(c),

because these items will no longer be

required under section 80.22 (see

discussion of section 80.22).

Section 80.20. This rule deletes

section 80.20 in its entirety. Section

80.20 contains provisions related to the

phasedown of lead content in gasoline

produced for use in motor vehicles

which will become obsolete once the

sale of gasoline containing lead or lead

additives for use in motor vehicles is

banned. The provisions specify interim

phases of lead reduction, reporting

requirements for refiners and importers

to show compliance with the lead

content restrictions, and provisions

allowing inter-refinery averaging and

banking of lead usage rights.

Section 80.21. This rule deletes

section 80.21 in its entirety. Section

80.21 contains controls applicable to

gasoline distributors similar to the

provisions in 80.22. For simplification,

these provisions will be consolidated in

the general controls and prohibitions

under 80.22.

Section 80.22. This rule changes the

title of section 80.22 to reflect the

consolidation of sections 80.21 and

80.22. The title will be changed from

‘‘Controls applicable to gasoline

retailers and wholesale purchaserconsumers’’ to ‘‘Controls and

prohibitions.’’

Section 80.22(a). This rule modifies

section 80.22(a) to reflect the

simultaneous removal of both the

definition of leaded gasoline (see

discussion of section 80.2(f)) and the

requirement to label motor vehicles

‘‘unleaded gasoline only’’ (see

discussion of section 80.24).

Section 80.22(d) and (e). This rule

deletes section 80.22(d), which requires

notices at each gasoline pump stand

prohibiting the introduction of leaded

gasoline into motor vehicles designed

for unleaded gasoline. This rule also

deletes section 80.22(e), which requires

that gasoline pumps be labelled to

identify whether they contain leaded or

unleaded gasoline.

EPA believes that these requirements

are no longer necessary to prevent

misfueling. Leaded gasoline has been

largely phased out and now accounts for

less than one percent of gasoline sold in

urban areas. EPA’s discussions with the

gasoline refiners which produced

leaded gasoline in 1995 have revealed

that all but one refiner have already

ceased to produce gasoline with the use

of lead additives. One refiner continues

to produce leaded fuel for nonroad uses.

Many fuel pumps dispensing gasoline

used in nonroad applications are not

located at retailers and wholesale

purchaser-consumers, although some

fuel pumps dispensing racing fuel may

be located at retailers and wholesale

puchaser-consumers. EPA believes it

unlikely that misfueling of motor

vehicles with gasoline which is

produced with the use of any lead

additive, or contains more than 0.05

gram of lead per gallon, will occur at

these locations, because such gasoline

costs significantly more than unleaded

gasoline. For example, racing fuel

currently costs around five dollars per

gallon.

Section 80.22(f). Section 80.22(f)

regulates nozzle spout sizes of pumps

dispensing gasoline. First, the dates in

this section are modified to reflect the

institution of this ban. Second,

paragraph 80.22(f)(1) contains the

requirement for the nozzle size of

pumps dispensing leaded gasoline, and

this requirement will no longer be

necessary because gasoline containing

lead or lead additives will no longer be

permitted to be dispensed into motor

vehicles as a result of the statutory ban.

Although leaded fuel will still be

available for nonroad uses, EPA

currently does not regulate the nozzle

sizes on pumps dispensing such fuel.

Therefore, this rule deletes paragraph

80.22(f)(1). EPA is retaining a nozzle

size requirement for dispensing

unleaded gasoline in paragraph

80.22(f)(2) in order to ensure that

nozzles function properly in

conjunction with the motor vehicle fuel

inlet restrictors, which must be of a

certain size per the requirement of

section 80.24(b).

Sections 80.22(g) and (h). Sections

80.22(g) and (h) refer to compliance

with sections 80.22(e) and (f) for

multiple grades of gasoline. These

sections’ references to 80.22(e) are

irrelevant because this rule deletes that

subsection. With respect to paragraph

(f), section 80.22(g) permits the

Administrator to grant an exception to

the requirement of paragraph (f) upon

demonstration that alternate equipment

will comply with the objectives of

paragraph (f). EPA is not aware of any

exceptions granted under paragraph (g)

at this time and believes the exception

authority provided by 80.22(g) is not

needed. According to section 80.22(h),

compliance with paragraph (f) is

required for only one grade where there

is more than one grade of unleaded

gasoline offered for sale. EPA believes

that, to ensure that the statute’s ban is

implemented properly, the requirements

of paragraph (f) should apply to each

pump dispensing unleaded gasoline.

Therefore, sections 80.22(g) and

80.22(h) are deleted.

Section 80.22(i). Section 80.22(i),

which refers to an exemption from the

requirements of section 80.22(b), is

deleted. Section 80.22(i) was

inadvertently retained when section

80.22(b) was deleted in a prior

rulemaking and is currently obsolete.

The new section 80.22(b) added by this

rule bears no relation to section 80.22(i),

and therefore section 80.22(i) must be

deleted to avoid confusion.
3836 Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Rules and Regulations

5 58 FR 51735 (October 4, 1993).

Section 80.23. This rule makes three

changes to section 80.23, which

currently imposes liability for violations

of section 80.22(a).

First, the rule changes the

introductory text of section 80.23 to

include liability for violations of the

new section 80.22(b), which is the

general provision prohibiting the

introduction into commerce for use as

motor vehicle fuel of gasoline which is

produced with the use of any lead

additive or contains more than 0.05

grams of lead per gallon.

Second, the rule deletes subparagraph

(e)(2) of section 80.23. Subparagraph

(e)(2) offered an ‘‘emergency

exemption’’ to allow a retailer or

wholesale purchaser-consumer to

provide leaded gasoline for use in a

motor vehicle designed to use unleaded

gasoline in emergency situations, such

as when a vehicle has an empty tank

and no unleaded gasoline is available

within a several mile radius. EPA

believes the continued availability of

this exemption not only would be

unnecessary given the scarce

availability of gasoline containing lead

or lead additives in comparison to that

of unleaded gasoline, but also would be

inconsistent with the intent of section

211(n) to prohibit the introduction into

commerce for use as motor vehicle fuel

of gasoline containing lead or lead

additives.

Third, the rule modifies sections

80.23(b)(2)(ii) and (e)(1) to reflect the

simultaneous removal of the definition

of leaded gasoline.

Section 80.24. This rule simplifies

section 80.24, which contains

requirements applicable to motor

vehicles. EPA has determined that

portions of section 80.24 are no longer

needed to prevent misfueling (see

discussion of sections 80.22 (d) and (e)

above). Accordingly, this rule deletes

section 80.24(a), which requires that

‘‘unleaded gasoline only’’ labels be

affixed to the dashboard and fuel filler

inlet of each motor vehicle with an

emission control device which will be

significantly impaired by the use of

gasoline containing lead or lead

additives. The labels will no longer be

necessary once the ban on fueling motor

vehicles with gasoline which is

produced with the use of any lead

additive, or contains more than 0.05

grams of lead per gallon, becomes

effective January 1, 1996.

Similarly, section 80.24(b)(1)

currently requires that a pump nozzle

dispensing gasoline other than unleaded

gasoline must automatically shut off

during attempted refueling into a motor

vehicle equipped with a fuel filler inlet

for unleaded gasoline. It is appropriate

to remove this requirement because the

requirement was intended to prevent

misfueling and, as stated above (see

discussion of sections 80.22 (d) and (e))

EPA now believes misfueling is

unlikely, making this safeguard against

misfueling unnecessary. Section

80.24(b)(2) explains the scope of section

80.24(b)(1). Once section 80.24(b)(1) is

removed, it is appropriate to remove

section 80.24(b)(2) as well.

The introductory text of section 80.24

is deleted and the remaining text of

section 80.24(b) is modified so that

section 80.24(b)’s tank filler inlet size

requirements apply to all new motor

vehicles, and not just those equipped

with an emission control device that

would be significantly impaired by the

use of gasoline containing lead or lead

additives. This modification comports

with the statutory ban prohibiting the

use of gasoline containing lead or lead

additives as a motor vehicle fuel, by

requiring that all new motor vehicles are

equipped with tank filler inlets

matching the size of the nozzle on

pumps dispensing unleaded gasoline.

Finally, section 80.24(c) is deleted,

because the paragraph clarifies the term

‘‘emission control device which will be

significantly impaired by the use of

leaded gasoline.’’ This term is currently

used in the introductory text of section

80.24, but is being removed as

explained above. Therefore, section

80.24(c) no longer serves any purpose

and will be deleted.

Section 80.25. Section 80.25, which

requires lead additive manufacturers to

report the amount of lead shipped to

refineries, is deleted in its entirety.

These reports are currently utilized to

verify reports submitted by refineries in

the lead phasedown program

summarizing the amount of lead used in

the production of gasoline. Section

80.20, which contains provisions related

to the lead phasedown program, is being

deleted in today’s action (see discussion

of section 80.20), making the

requirements of section 80.25

unnecessary.

III. Environmental Impact

This rule is expected to have a

positive environmental effect by

facilitating smooth implementation of

the Clean Air Act prohibition on

gasoline containing lead or lead

additives for use in motor vehicles,

which becomes effective after December

31, 1995. This rule marks the

completion of a lead phasedown

program which EPA began in 1973 upon

determining that lead particle emissions

from motor vehicles presented a

significant risk of harm to the health of

urban populations, especially in

children.

IV. 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). The Administrator certifies that

this rule will not have a significant

impact on a substantial number of small

entities. This rule is not expected to

result in any additional compliance cost

to regulated parties and, in fact, is

expected to decrease compliance costs

for some regulated parties. This

decrease in compliance costs is largely

due to the deletion of regulatory

requirements no longer necessary given

the Clean Air Act statutory ban on

gasoline containing lead or lead

additives for use in motor vehicles. This

rule will reduce compliance costs due to

the removal of several reporting,

labeling, and equipment requirements.

Owners of vehicles which are designed

to operate on leaded gasoline will not be

subject to additional costs as a result of

this ban. Many vehicles designed to use

leaded gasoline currently use unleaded

gasoline, which costs significantly less

than leaded gasoline. Lead substitute

additives are available for vehicles

which operate under higher loads and

require additional protection against

valve seat wear.

V. Effective Date

This action will become effective

March 4, 1996, unless EPA receives

notice by February 20, 1996 from

someone who wishes to submit adverse

comments or request an opportunity for

a public hearing. If EPA receives such

notice, EPA will withdraw this rule and

publish timely notice in the Federal

Register of such withdrawal.

VI. Executive Order 12866

Under Executive Order 12866,5 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:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the
Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Rules and Regulations 3837

6 Id. at section 3(f)(1)–(4).

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.6

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

VII. 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 costeffective, 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 the final rule

promulgated today does not trigger the

requirements of UMRA. The 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.

VIII. Judicial Review

Because this action promulgates a

prohibition in Section 211 of the Clean

Air Act and is nationally applicable,

under Section 307(b)(1) of the Clean Air

Act judicial review of this action is

available only by the filing of a petition

for review in the U.S. Court of Appeals

for the D.C. Circuit within sixty days of

publication of this action in the Federal

Register, unless EPA withdraws this

rule in response to notice of intent to

file adverse comment or request the

opportunity for a public hearing.

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Fuel additives,

Gasoline, Leaded gasoline, Unleaded

gasoline, and Motor vehicle pollution.

Dated: January 29, 1996.

Carol M. Browner,

Administrator.

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

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)).

§ 80.2 [Amended]

2. Section 80.2 is amended by

removing and reserving paragraph (f).

3. Section 80.7 is amended by revising

paragraph (a) introductory text and the

first sentence of paragraph (c) to read as

follows:

§ 80.7 Requests for information.

(a) When the Administrator, the

Regional Administrator, or their

delegates have reason to believe that a

violation of section 211(c) or section

211(n) of the Act and the regulations

thereunder has occurred, they may

require any refiner, distributor,

wholesale purchaser-consumer, or

retailer to report the following

information regarding receipt, transfer,

delivery, or sale of gasoline represented

to be unleaded gasoline and to allow the

reproduction of such information at all

reasonable times.

* * * * *

(b) * * *

(c) Any refiner, distributor, wholesale

purchaser-consumer, retailer, or

importer shall provide such other

information as the Administrator or his

authorized representative may

reasonably require to enable him to

determine whether such refiner,

distributor, wholesale purchaserconsumer, retailer, or importer has acted

or is acting in compliance with sections

211(c) and 211(n) of the Act and the

regulations thereunder and shall, upon

request of the Administrator or his

authorized representative, produce and

allow reproduction of any relevant

records at all reasonable times. * * *

§§ 80.20 and 80.21 [Removed and

reserved]

4. Sections 80.20 and 80.21 are

removed and reserved.

5. Section 80.22 is amended by

revising the title and paragraphs (a), (f)

introductory text, and (f)(2) introductory

text by adding paragraph (b), and by

removing and reserving paragraphs (d),

(e), (f)(1), (g), (h) and (i) to read as

follows:

§ 80.22 Controls and prohibitions.

(a) After December 31, 1995, no

person shall sell, offer for sale, supply,

offer for supply, dispense, transport, or

introduce into commerce gasoline

represented to be unleaded gasoline

unless such gasoline meets the defined

requirements for unleaded gasoline in

§ 80.2(g); nor shall he dispense, or cause

or allow the gasoline other than

unleaded gasoline to be dispensed into

any motor vehicle which is equipped

with a gasoline tank filler inlet which is

designed for the introduction of

unleaded gasoline.

(b) After December 31, 1995, no

person shall sell, offer for sale, supply,

offer for supply, dispense, transport, or

introduce into commerce for use as fuel

in any motor vehicle (as defined in

Section 216(2) of the Clean Air Act, 42

U.S.C. 7550(2)), any gasoline which is

produced with the use of lead additives

or which contains more than 0.05 gram

of lead per gallon.

(c) * * *

* * * * *

(f) Beginning January 1, 1996, every

retailer and wholesale purchaserconsumer shall equip all gasoline

pumps as follows:

(1) [Reserved]

(2) Each pump from which unleaded

gasoline is dispensed into motor

vehicles shall be equipped with a nozzle

spout which meets the following

specifications:

* * * * *

6. Section 80.23 is amended by

revising the introductory text and

paragraphs (b)(2)(ii) and (e)(1), and by

removing and reserving paragraph (e)(2)

to read as follows:

§ 80.23 Liability for violations.

Liability for violations of paragraphs

(a) and (b) of § 80.22 shall be

determined as follows:

* * * * *

(b)(1) * * *

(2) * * *

(ii) That the violation was caused by

an act in violation of law (other than the

Act or this part), or an act of sabotage,

vandalism, or deliberate commingling of

gasoline which is produced with the use

of lead additives or phosphorus

additives with unleaded gasoline,

whether or not such acts are violations

of law in the jurisdiction where the
3838 Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Rules and Regulations

violation of the requirements of this part

occurred, or

* * * * *

(e)(1) In any case in which a retailer

or his employee or agent or a wholesale

purchase-consumer or his employee or

agent introduced gasoline other than

unleaded gasoline into a motor vehicle

which is equipped with a gasoline tank

filler inlet designed for the introduction

of unleaded gasoline, only the retailer or

wholesale purchaser-consumer shall be

deemed in violation.

(2) [Reserved].

7. Section 80.24 is amended by

removing the introductory text and by

removing and reserving paragraph (a),

and removing paragraph (c), and by

revising paragraph (b) to read as follows:

§ 80.24 Controls applicable to motor

vehicle manufacturers.

(a) [Reserved].

(b) The manufacturer of any motor

vehicle powered with gasoline shall

equip such vehicle with a gasoline tank

filler inlet having a restriction which

allows the insertion of a nozzle with a

spout meeting the specifications in

§ 80.22(f)(2) and which prevents the

insertion of a nozzle of greater size than

prescribed in § 80.22(f)(2).

§ 80.25 [Removed and reserved]

8. Section 80.25 is removed and

reserved.

[FR Doc. 96–2231 Filed 2–1–96; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 302–11

[FTR Amendment 46]

RIN 3090–AF78

Federal Travel Regulation; Relocation

Income Tax (RIT) Allowance Tax

Tables

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

SUMMARY: The Federal, State, and Puerto

Rico tax tables for calculating the

relocation income tax (RIT) allowance

must be updated yearly to reflect

changes in Federal, State, and Puerto

Rico income tax brackets and rates. The

Federal, State, and Puerto Rico tax

tables contained in this rule are for

calculating the 1996 RIT allowance to be

paid to relocating Federal employees.

DATES: Effective date: This final rule is

effective January 1, 1996.

Applicability date: The new tables in

this final rule apply for RIT allowance

payments made on or after January 1,

1996.

FOR FURTHER INFORMATION CONTACT: Jane

Groat, General Services Administration,

Transportation Management Division

(FBX), Washington, DC 20406,

telephone 703-305-5745.

SUPPLEMENTARY INFORMATION: This

amendment provides the tax tables

necessary to compute the relocation

income tax (RIT) allowance for

employees who are taxed in 1996 on

moving expense reimbursements.

GSA has determined that this rule is

not a significant regulatory action for

the purposes of Executive Order 12866

of September 30, 1993. This final rule is

not required to be published in the

FEDERAL REGISTER for notice and

comment. Therefore, the Regulatory

Flexibility Act does not apply.

List of Subjects in 41 CFR Part 302–11

Government employees, Income taxes,

Relocation allowances and entitlements,

Transfers.

For the reasons set out in the

preamble, 41 CFR part 302–11 is

amended to read as follows:

PART 302–11—RELOCATION INCOME

TAX (RIT) ALLOWANCE

1. The authority citation for part 302–

11 continues to read as follows:

Authority: 5 U.S.C. 5721–5734; 20 U.S.C.

905(a); E.O. 11609, 36 FR 13747, 3 CFR,

1971–1975 Comp., p. 586; E.O. 12466, 49 FR

7349, 3 CFR, 1984 Comp., p. 165.

2. Appendixes A, B, C, and D to part

302–11 are amended by adding the

following tables at the end of each

appendix, respectively:

APPENDIX A TO PART 302–11—FEDERAL TAX TABLES FOR RIT ALLOWANCE

* * * * *

FEDERAL MARGINAL TAX RATES BY EARNED INCOME LEVEL AND FILING STATUS—TAX YEAR 1995

The following table is to be used to determine the Federal marginal tax rate for Year 1 for computation of the

RIT allowance as prescribed in § 302–11.8(e)(1). This table is to be used for employees whose Year 1 occurred during

calendar year 1995.

Marginal tax rate (percent)

Single taxpayer Heads of household Married filing jointly/qualifying widows and widowersMarried filing separately

Over But not over Over But not over Over But not over Over But not over

15 ...................................... $6,643 $30,783 $11,937 $44,304 $16,387 $57,249 $8,171 $28,637

28 ...................................... 30,783 68,684 44,304 102,201 57,249 119,362 28,637 59,017

31 ...................................... 68,684 139,546 102,201 163,966 119,362 173,514 59,017 88,341

36 ...................................... 139,546 283,746 163,966 294,200 173,514 286,217 88,341 147,650

39.6 ................................... 283,746 .................... 294,200 .................... 286,217 .................... 147,650 ....................

APPENDIX B TO PART 302–11—STATE TAX TABLES FOR RIT ALLOWANCE

* * * * *

STATE MARGINAL TAX RATES BY EARNED INCOME LEVEL—TAX YEAR 1995

The following table is to be used to determine the State marginal tax rates for calculation of the RIT allowance

as prescribed in § 302–11.8(e)(2). This table is to be used for employees who received covered taxable reimbursements

during calendar year 1995.