P.1 

OAR Box 1818 

Prepped by Ollie Stewart 

Document Number: 

71) lll-A-4 

Docket Number: 

A-87-11 

Printed 11/6/2008 3:12:46 PM Sheet 71 of 79 
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Tuesday 

September 3, 1991 

33 y\ V 

Part III 

Environmental 

Protection Agency 

40 CFR Parts 80, 86, and 600 

Control of Air Pollution From New Motor 

Vehicles and New Motor Vehicle Engines; 

Proposed Rule 

Printed on Recycled Paper 
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43682 Federal Register / Vol. 56, No. 170 / Tuesday, September 3, "1991 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 80,86, and 600 

[FRL-3992-2] 

Control of Air Pollution From New 

Motor Vehicles and New Motor Vehicle 

Engines; Refueling Emission 

Regulations for Gasoline-Fueled LightDuty Vehicles and Trucks and HeavyDuty Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public hearing and 

report availability. 

SUMMARY: This notice announces the 

availability of a Department of 

Transportation (DOT) study on the 

safety of onboard refueling vapor 

recovery systems and the time and place. 

for a public hearing concerning the 

safety issues associated with onboard 

refueling control systems. This notice 

seeks comment on the DOT safety study 

and provides opportunity for comment 

on any issues related to this rulemaking. 

DATES: The public hearing will be held 

on September 26,1991. It will start at 9 

a.m. and will continue throughout the 

day as long as necessary to complete 

testimony. Comments will be accepted 

until 30 days after the hearing. 

ADDRESSES: The public hearing will be 

held at the Royce Hotel (formerly the 

Airport Hilton), 31500 Wickham Road, 

Romulus, Michigan 48174 (telephone: 

313-292-3400). Interested parties may 

submit written comments (in duplicate if 

possible) to Public Docket No. A-87-11, 

at: Air Docket Section (LE-131), U.S. 

Environmental Protection Agency, 

Attention: Docket No. A-87-11,401M 

Street SW.. Washington. DC 20460. 

A court reporter will be present at the 

hearing to make a written transcript of 

the proceedings and a copy will be 

placed in the docket. Anyone desiring to 

purchase a copy of the transcript should 

make individual arrangements with the 

court reporter at the time of the hearing. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Don Kopinski, Standards 

Development and Support Branch, 

Emission Control Technology Division, 

U.S. Environmental Protection Agency, 

2565 Plymouth Road, Ann Arbor, 

Michigan 48105. Telephone: (313) 668-

4229. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 19.1987 EPA published in 

the Federal Register a notice of 

proposed rulemaking (NPRM) for the 

control of vehicle refueling emissions (52 

FR 31162). This proposal was the 

culmination of an EPA study on gasoline 

marketing emissions, which assessed 

the need for control of refueling 

emissions and the relative merits of the 

two technologies available to achieve 

this control, namely, controls 

incorporated into the design of the 

vehicle (known as onboard) and 

controls at the gasoline dispensing pump 

(known as Stage II) (see Public Docket 

A-84-07). 

At the time the proposal was 

published, EPA also released several 

important regulatory support documents. 

These included a response to comments 

received on the above-mentioned 

gasoline marketing study, a draft 

Regulatory Impact Analysis, and 

technical support documents related to 

onboard safety and the certification test 

procedure. These and other related 

documents are available in Public 

Docket A-87-11. 

Subsequent to publication of the 

proposal, a public hearing was held in 

October 1987, followed by an extensive 

public comment period which closed in 

February 1988. EPA analyzed the key 

issues identified by commenters and 

determined that a final rule should be 

delayed based on safety concerns raised 

by commenters. Further delay occurred 

when it became evident that Congress 

would include provisions regarding the 

control of refueling emissions in the 

amendments to the Clean Air Act. 

The legislative process resulted in an 

amendment, by Congress, for onboard 

technology under section 202(a)(6). 

Section 202(a)(6) requires that: "Within 1 

year after the date of the enactment of 

the Clean Air Act Amendments of 1990, 

the Administrator shall, after 

consultation with the Secretary of 

Transportation regarding the safety of 

vehicle-based ('onboard') systems for 

the control of vehicle refueling 

emissions, promulgate standards under 

this section requiring that new light-duty 

vehicles manufactured beginning in the 

fourth model year after the model year 

in which the standards are promulgated 

and thereafter shall be equipped with 

such systems." Safety considerations 

are addressed under section 202(a)(4) 

which states: 

"(A) * * * no emission control 

device, system, or element of design 

shall be used in a new motor vehicle or 

new motor vehicle engine for purposes 

of complying with requirements 

prescribed under this title if such device, 

system, or element of design will cause 

or contribute to an unreasonable risk to 

public health, welfare, or safety in its 

operation or function. 

(B) In determining whether an 

unreasonable risk exists under 

subparagraph (A), the Administrator 

shall consider, among other factors, (i) 

whether and to what extent the use of 

any device, system, or element of design 

causes, increases, reduces, or eliminates 

emissions of any unregulated pollutants; 

(ii) available methods for reducing or 

eliminating any risk to public health, 

welfare, or safety which may be 

associated with the use of such device, 

system, or element of design, and (iii) 

the availability of other devices, 

systems, or elements of design which 

may be used to conform to requirements 

prescribed under this title without 

causing or contributing to such 

unreasonable risk. The Administrator 

shall include in the consideration 

required by this paragraph all relevant 

information developed pursuant to 

section to section 214." 

The Clean Air Act Amendments of 

1990 also require Stage II controls in 

certain nonattainment areas and EPA is 

developing this program separately. 

EPA is continuing its consultation 

with DOT regarding safety. In July, 1991, 

the National Highway Traffic Safety 

Administration (NHTSA), which is part 

of DOT, completed an updated study on 

the safety of onboard vapor recovery 

systems. A copy of this report, entitled 

"An Assessment of the Safety of 

Onboard Refueling Vapor Recovery 

Systems," has been placed in the public 

docket for this rulemaking. EPA strongly 

encourages review and comment on the 

content and findings of the DOT study. 

In light of this new information, EPA 

requests comment on the rulemaking 

course that the Agency should take. 

It should also be noted that since the 

close of the comment period on the 

NPRM, a number of other materials have 

been submitted to the docket which 

relate to the safety issue. Included is 

EPA's safety analyses entitled 

"Summary and Analysis of Comments 

Regarding the Potential Safety 

Implications of Onboard Vapor 

Recovery Systems." Also included is 

technical information which relates to 

safety concerns raised by DOT and 

others, and documents discussing 

onboard-equipped vehicles. EPA 

encourages interested parties to review 

and comment on these materials as well. 

The public is also welcome to 

comment on other matters related to the 

NPRM. The public docket A-87-11 

contains a number of materials on 

issues other than safety, including a 

document entitled "Summary of 

Changed Circumstances" which 

discusses statutory changes, technology 

development, and potential 

modifications to the refueling test 

procedure. 
P.4 

J. Federal Register / Vol. 56, No. 170 / Tuesday, September 3, 1991 / Proposed Rules 43683 

II. Public Participation 

A. Comments and the Public Docket 

As in past rulemaking actions, EPA 

strongly encourages full public 

participation in the development and 

assessment of information that will be 

used in the rulemaking. EPA also 

encourages those who are interested in 

the rule to thoroughly review the public 

docket for relevant materials. For those 

submitting comments, whenever 

applicable, full supporting rationale, 

data and detailed analyses should be 

submitted to allow EPA to make 

maximum use of the comments. All 

comments should be directed to the EPA 

Air Docket Section, Docket No. A-87-11 

(see "ADDRESSES"). Comments will be 

accepted for 30 days after the public 

hearing. 

B. Public Hearing 

Any person desiring to present 

testimony at the public hearing (see 

"DATES") should notify the contact 

person listed above of such intent at 

least seven days prior to the day of the 

hearing. The contact person should also 

be provided an estimate of the time 

required for the presentation of the 

testimony and notification of any need 

for audio/visual equipment. A sign-up 

sheet will be available at the 

registration table the morning of the 

hearing for scheduling the order of 

testimony. Due to the anticipated high 

level of interest in this issue, EPA may 

limit the time of each testimony in order 

to allow all parties to testify. 

It is suggested that sufficient copies of 

the statement or material to be 

presented be brought to the hearing for 

distribution to the audience. In addition, 

it will be helpful for EPA to receive an 

advance copy of any statement or 

material to be presented at the hearing 

prior to the scheduled hearing date, in 

order for EPA staff to give such material 

full consideration. Such advance copies 

should be submitted to the contact 

person listed above. 

The official record of the hearing will 

be kept open for 30 days following the 

hearing to allow submission of rebuttal 

and supplementary testimony. 

Due to the significance of the vehicle 

safety issue in this rulemaking and the 

importance of the consultation process 

called for in section 202(a)(6) of the 

Clean Air Act, DOT will be a participant 

on the hearing panel. Mr. Richard D. 

Wilson, Director of the Office of Mobile 

Sources, is hereby designated presiding 

officer of the hearing. The hearing will 

be conducted informally, and technical 

rules of evidence will not apply. Written 

transcripts of the hearing will be made. 

Dated: August 27,1991. 

Jerry Kurtzweg, 

Acting Assistant Administrator for Air and 

Radiation. 

(FR Doc. 91-20988 Filed 8-30-91; 8:45 am] 

BILUNQ COOE 6M0-50-M