OAR Box 1297 

Prepped by Ollie Stewart 

Document Number: 

5) V-A-1 

Docket Number: 

A-89-21 

Printed 6/16/2008 12:09:51 PM Sheet 5 of 232 

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V- A-1 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 80 

[ ] 

Regulation of Fuels and Fuel Additives 

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA) 

ACTION: Direct Final Rule 

SUMMARY: By this action, the Environmental Protection Agency 

revises the fuels and fuel additives regulations (40 CFR 80) by 

deleting outdated portions pertaining to controls on retailers of 

gasoline. The requirement that certain gasoline retail outlets 

offer at least one grade of unleaded gasoline of not less than 87 

octane (R+M)/2 method (with certain reductions for high altitude 

areas) is deleted. This aspect of the unleaded gasoline 

requirements is no longer necessary. Unleaded gasolines with a 

wide variety of octane values comprise over 90% of the market, and 

are readily available throughout the country. Additionally, this 

rule corrects an erroneous footnote in Appendix B, and deletes 

certain other sections of Part 80 dealing with the availability of 

unleaded gasoline. 

EFFECTIVE DATE: This action will be effective on fINSERT DATE 

60 DAYS AFTER PUBLISHING DATE FOR THIS NOTICE1, unless adverse or 

critical comments are received by [insert 30 days after 

publication1. 
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ADDRESSES: Copies of the information relative to this 

application are available for inspection in Public Docket A-89-21 

at the EPA Air Docket, Room M1500, First Floor, Waterside Mall, 401 

M Street, SW, Washington D.C. 20460. The docket may be inspected 

between the hours of 8:30 a.m. and noon and 1:30 and 3:30 p.m. As 

provided in 40 CFR Part 2, a reasonable fee may be charged for 

copying services. 

FOR FURTHER INFORMATION CONTACT: Marilyn W. McCall, Environmental 

Protection Specialist, Field Operations and Support Division 

(EN-397F) U.S. Environmental Protection Agency, 401 M Street, SW, 

Washington, D.C. 20460, (202) 382-2635. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 211(c) (1) of the Clean Air Act, 42 U.S.C. 7545 (c) (1), 

provides EPA with the authority to regulate any automotive fuel or 

fuel additive which endangers public health or impairs the 

performance of any emission control device. 

Under this statutory provision, regulations were promulgated 

on January 10, 1973 providing for the general availability of 

unleaded gasoline. These regulations required, after July 1, 1974, 

that at least one grade of unleaded gasoline of not less that 91 
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Research Octane Number (RON) be offered for sale at each retail 

outlet at which 200,000 or more gallons of gasoline were sold 

during any calendar quarter after 1971. This was necessary in 

order to protect new emission control systems, primarily the 

catalytic converter, from damage by lead emissions. EPA later 

amended the regulations to express the octane designation as 87 

(R+M)/2 method or AKI (antiknock index). Additional regulations 

were promulgated on December 12, 1974 requiring that unleaded 

gasoline be offered for sale at any retail outlet where 150,000 or 

more gallons of gasoline were sold during any calendar quarter 

after 1971. These regulations included most of the sparsely 

populated counties in the country. 

The regulations were incorporated in 40 CFR 80 and appear in 

§ 80.2 "Definitions," § 80.22 "Controls applicable to gasoline 

retailers and wholesale purchaser-consumers," and Appendix C -

"List of Counties with Population Densities less than 50 Persons 

Per Square Mile (Excluding Cities with Populations Equal to or 

Greater than 50,000 Persons)." It is EPA's opinion that some 

aspects of those sections of the regulations are no longer 

necessary. At the time regulations were promulgated, unleaded 

gasoline was not widely available. Now, however, unleaded gasoline 

is offered for sale at virtually every retail outlet and comprises 

over 90% of the total gasoline sales in this country, with a wide 

variety of octane values. Consequently, EPA believes that there 

is no longer a need to specify which retail outlets must offer 
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unleaded gasoline with an octane value of at least 87 (R+M)/2. 

Changes to Regulations 

This notice revises 40 CFR 80 by deleting sections 80.22(b) 

and (c), Appendix C, and the definition in section 80.2(d) (octane 

number (R+M)/2 method). 

This action also corrects a typographical error in a reference 

to a footnote in Appendix B, 6. Procedure, 6.1.1. The asterisk 

in 6.1.1 should be changed to a "1", and the asterisked footnote 

is deleted. 

The Agency has determined that this action is not a "major" 

rule as defined in Executive Order (E.O) 12291. Therefore, a 

regulatory impact analysis is not required. 

This rulemaking does not include any new information 

collection requirements. The Paperwork Reduction Act is not 

applicable to this rule as these changes to the regulations at 40 

CFR 80 will not impose any reporting requirements on affected 

parties. 

Under section 605 of the Regulatory Flexibility Act, 5 U.S.C. 

605, I certify that the regulatory revision promulgated in this 

notice will not have a significant impact on a substantial number 

of small entities. 
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EPA is publishing this action without prior proposal because 

the Agency views this as a noncontroversial amendment and 

anticipates no adverse comments. There is no adverse environmental 

impact due to these changes. These revisions will delete verbiage 

from the regulations which, due to market conditions in the 

gasoline retail outlet industry, is out of date and no longer 

necessary. EPA finds that these reasons constitute good cause 

under 5 U.S.C. § 553(b) for a determination that the issuance of 

a Notice of Proposed Rulemaking is unnecessary. This action will 

be effective on finsert date 60 days from the date of publication] 

unless adverse or critical comments are received by [insert 30 davs 

from the date of publication]. 

If such comments are received, this action will be withdrawn 

before the effective date by publishing a Federal Register notice. 

If withdrawn, this action will be included in a Notice of Proposed 

Rulemaking and a comment period will be established. If no such 

comments are received, the public is advised that this action will 

be effective on [insert date 60 days from the date of publication]. 

Authority for the actions promulgated in this notice is 

granted to EPA by section 114, 211, and 301 of the Clean Air Act 

(42 U.S.C. 7414, 7545, and 7601). 
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List of Subjects in 40 CFR Part 80 

Gasoline 

Dated: 

William K. Reilly, Administrator 
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PART 80 — REGULATION OF FUELS AND FUEL ADDITIVES 

For the reasons set forth in the preamble, Part 80 of Title 

40 of the Code of Federal Regulations is amended to read as 

follows: 

1. The authority citation for Part 80 continues to read as 

follows: 

Authority: Sees. 114, 211 and 301(a) of the Clean Air Act as 

amended, 42 U.S.C. 7414, 7545, and 7601(a). 

2. Section 80.2 is amended by revising paragraph (d) to read 

as follows: 

§ 80.2 Definition. 

**** * 

(d) [RESERVED] 

**** * 

3. Section 80.22 is amended by rescinding, removing, and 

reserving paragraphs (b) and (c), to read as follows: 

Section 80.22 Controls applicable to gasoline retailers and 

wholesale purchaser-consumers. 

**** * 
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(b) [RESERVED] 

(c) [RESERVED] 

* * * * * 

4. Appendix B is amended by removing the asterisked footnote 

and revising 6.1.1 to read as follows: 

APPENDIX B—TESTS FOR LEAD IN GASOLINE BY ATOMIC ABSORPTION 

SPECTROMETRY. 

Method 1—Standard Method Test for Lead in Gasoline by Atomic 

Absorption Spectrometry. 

**** * 

6.1.1 Add 0.10 ml (100 /xl) of iodine/toluene solution and 

allow the mixture to react about 1 minute.1 

**** * 

REMOVE footnote which reads: "*See footnote at end of 

Appendix C." 

5. Appendix C is amended by rescinding and removing the 

appendix as follows: 

APPENDIX C [Removed]. 
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B^P^f»?.-L; Additives 

!?Jpueifem<i Fuel Additive Testing 

iFuels & Fuel Additives: Fuel Quality Regs for Highway 

* Diesel Fuel Sold in 1993 and Later Calendar Years 

Fuels and Fuel Additives; General Requirements 

for Determination of Gasoline Metal Content 

Fuels & Fuel Additives Registration Regulations 

Fuels & Fuel Additives—-Definition of Substantially Similar 

Fuels and Fuel Additives (Waiver Application for Ethyl Corp) 

Fuels and Fuel Additives (Waiver Application for Ethyl Corp) 

. Fuels & Fuel Additives: Diesel Fuel Quality-Sulfur and 

ttox E^aust.. fissions Standards f Heavy-Duty Diesel 

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Fuels & Fuel Additives: MMT Emission Workshop (Ethyl) 

Fugitive Dust Policy on PMIO 

Fugitive Emissions (Benzene) 

Furnaces, Electric Arc 

Furnaces in Foundries, Electric Arc 

Furniture, Surface Coating, Metal 

A-84-14 

A-83-28 

EN-88-02 

A-89-21 y / 

ORD-78-01 

A-86-03 

A-89-12 

A-90-07 

A-90-08 

A-90-16 

A-91-46 

A-90-41 

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A-87-01 

A-79-27 

A-79-33 

A-8p-p3 

A-79-47 

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