47400 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 79

[FRL–5890–4]

Proposed Alternative Tier 2

Requirements for Baseline Gasoline

and the Oxygenated Gasoline

Categories of Methyl Tertiary Butyl

Ether, Ethyl Tertiary Butyl Ether, Ethyl

Alcohol, Tertiary Amyl Methyl Ether,

Diisopropyl Ether, and Tertiary Butyl

Alcohol

AGENCY: Environmental Protection

Agency.

ACTION: Notice of proposed

requirements.

SUMMARY: The purpose of this notice is

to announce that the Environmental

Protection Agency (EPA) has notified

the American Petroleum Institute (API)

test group consortium (hereinafter API

Test Group Consortium) for baseline

gasoline and gasolines containing

methyl tertiary butyl ether (MTBE) and

other oxygenates, of the proposed

Alternative Tier 2 testing requirements

under the fuel and fuel additive (F/FAs)

registration testing requirements of 40

CFR part 79, subpart F, and to request

public comment on these proposed

requirements.

The Agency notified the API Test

Group Consortium, by certified letter

dated August 20, 1997, of the specific

tests which the Agency is proposing to

require under the Alternative Tier 2

provisions for baseline gasoline and

gasolines containing MTBE, and other

oxygenates, and the proposed schedule

for completion and submission of such

tests. A copy of the letter as well as the

proposed tests and schedule under the

Alternative Tier 2 provisions have been

placed in the public record.

DATES: Comments on these proposed

Alternative Tier 2 provisions must be

received from the public by November

10, 1997. Comments on the proposed

Alternative Tier 2 provisions must be

received from the API Test Group

Consortium within 60 days of their

receipt of the notification letter.

ADDRESSES: Written comments on this

proposed action should be addressed to

Public Docket No. A–96–16, Waterside

Mall (Room M–1500), Environmental

Protection Agency, Air Docket Section,

401 M Street, S.W., Washington, D.C.

20460. Materials relevant to this

rulemaking have been placed in Docket

A–96–16. 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.

FOR FURTHER INFORMATION CONTACT: John

Brophy, Environmental Scientist, U.S.

Environmental Protection Agency,

Office of Air and Radiation, (202) 233–

9068.

SUPPLEMENTARY INFORMATION: Regulated

Entities. Entities potentially regulated

by this action are those that

manufacture gasoline with or without

the fuel additives MTBE, ethyl tertiary

butyl ether (ETBE), ethyl alcohol

(EtOH), tertiary amyl methyl ether

(TAME), diisopropyl ether (DIPE), and

tertiary butyl alcohol (TBA) and

manufacturers of these oxygenates and

other gasoline additives. Regulated

categories and entities include:

Category Examples of regulated entities

Industry .... Oil refiners, gasoline importers,

oxygenate blenders, oxygenate and fuel additive manufacturers.

This table is not intended to be

exhaustive, but, rather illustrates the

types of entities that EPA is currently

aware of that are likely to be regulated

by this action. Other types of entities

not listed in this table could also be

regulated. To determine whether an

entity not described by the examples

listed in the table is subject to these

requirements, refer to the applicability

criteria in § 79 of title 40 of the Code of

Federal Regulations. If questions remain

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

In accordance with 40 CFR 79.56(a),

manufacturers of F/FAs may satisfy the

subpart F testing requirements on a

group basis, e.g. the API Test Group

Consortium. Each individual

manufacturer that is a member of such

a group, however, continues to be

individually subject to the testing and

data submission requirements.

This notice serves as a notice to all

manufacturers of the subject F/FAs, that

are not exempted from these

requirements under the small business

provisions of 40 CFR 79.58(d), that they

are subject to these requirements.

I. Introduction

The Clean Air Act (CAA) required the

Administrator of EPA to promulgate

requirements providing for industry

testing of the health effects of emissions

of F/FAs. The final rule, promulgated on

May 27, 1994, established new health

effects testing requirements for the

registration of designated F/FAs as

authorized by sections 211(b)(2) and

211(e) of the CAA.

The registration requirements are

organized within a three-tier structure.

Tier 1 requires F/FAs manufacturers to

supply to EPA (1) the identity and

concentration of certain emission

products of designated F/FAs and an

analysis of potential emission

exposures, and (2) any available

information regarding the health and

welfare effects of the whole and

speciated emissions. 40 CFR 79.52. Tier

2 requires that combustion emissions of

each F/FAs subject to the testing

requirements be tested for subchronic

systemic and organ toxicity, as well as

the assessment of specific health effects

endpoints. 40 CFR 79.53. Tier 3 testing

may be required, at EPA’s discretion,

when remaining uncertainties as to the

significance of observed health or

welfare effects, or emissions exposures

interfere with EPA’s ability to

reasonably assess the potential risks

posed by emissions from a F/FAs. 40

CFR 79.54. EPA’s regulations permit

submission of adequate existing test

data in lieu of conducting new

duplicative tests. 40 CFR 79.53(b). The

regulations also include provisions for

small businesses and certain types of

products, and a grouping system which

permits manufacturers of similar F/FAs

products to share the costs of

compliance. 40 CFR 79.58.

The regulations also permit EPA to

modify the standard Tier 2 health effects

testing requirements for a F/FAs (or

group thereof). EPA may modify the

standard Tier 2 requirements by

substituting, adding, or deleting testing

requirements; or changing the

underlying vehicle/engine

specifications. EPA will not, however,

delete a testing requirement for a

specific endpoint in the absence of

existing adequate information, or an

alternative testing requirement for that

endpoint. 40 CFR 79.58(c). When EPA

exercises its authority under this special

provision, it will allow an appropriate

time for completion of the prescribed

alternative tests.

II. Proposed Alternative Tier 2

Requirements for Baseline Gasoline

and Oxygenated Gasolines

The purpose of this notice is to

announce that the Environmental

Protection Agency (EPA) has notified

the API Test Group Consortium of the

proposed Alternative Tier 2 testing

requirements under 40 CFR 79.58(c) and

to request public comment on the

proposed requirements.

The Agency notified the API Test

Group Consortium, by certified letter

dated September 20, 1997, of the

specific tests which the Agency is

proposing to require under the
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules 47401

Alternative Tier 2 provisions for

baseline gasoline and oxygenated

gasolines, and the proposed schedule

for completion and submission of such

tests. A copy of the letter as well as the

proposed tests and schedule under the

Alternative Tier 2 provisions have been

placed in the Public Docket No. A–96–

16, Waterside Mall (Room M–1500),

Environmental Protection Agency, Air

Docket Section, 401 M Street, S.W.,

Washington, D.C. 20460. The

notification letter is also available on

the internet via the EPA’s Mobile

Sources home page at http://

www.epa.gov/OMSWWW/. The Agency

is requesting public comment on these

proposed requirements.

III. Environmental Impact

This proposal will result in no

immediate environmental impact, but

may provide a basis for further

regulatory action, should the collected

data indicate that health risks exist.

IV. Economic Impact

This proposed Alternative Tier 2

notification for baseline gasoline and

gasolines containing the specified

oxygenates will have a significant

impact on oil refiners and

manufacturers whose total annual sales

are more than $50 million. The F/FAs

regulations at 40 CFR 79.58(d) contain

provisions for those fuel or fuel additive

manufacturers whose total annual sales

are less than $50 million, and therefore

these parties are not subject to the

requirements in this notice.

List of Subjects in 40 CFR Part 79

Environmental Protection, Air

Pollution Control, Gasoline,

Conventional Gasoline, Oxygenates,

Methyl Tertiary Butyl Ether, and Motor

Vehicle Pollution.

Dated: September 2, 1997.

Richard D. Wilson,

Acting Assistant Administrator, Office of Air

and Radiation.

[FR Doc. 97–23845 Filed 9–8–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 260, 261, and 273

[SWH–FRL–5889–2]

Hazardous Waste Management

System; Modification of the Hazardous

Waste Program; Mercury-Containing

Lamps; Notice of Data Availability;

Notice of Extension of Comment

Period

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; notice of data

availability; notice of extension of

comment period.

SUMMARY: The comment period for the

Mercury Emissions study relating to the

management of spent mercurycontaining lamps under the Resource

Conservation and Recovery Act Subtitle

C hazardous waste management system

which was announced in the Federal

Register on July 11, 1997 (62 FR 37183)

is extended from August 25, 1997 to

October 9, 1997.

DATES: EPA will accept public

comments on this Notice of Data

Availability until close of business on

October 9, 1997.

ADDRESSES: Commenters must send an

original and two copies of their

comments referencing docket number

F–97–FLEA–FFFFF to: RCRA Docket

Information Center, Office of Solid

Waste (5305G), U.S. Environmental

Protection Agency Headquarters (EPA,

HQ), 401 M Street, SW, Washington,

D.C. 20460. Hand deliveries of

comments should be made to the

Arlington, VA, address listed below.

Comments may also be submitted

electronically by sending electronic

mail through the Internet to: rcradocket@epamail.epa.gov. Comments in

electronic format should also be

identified by the docket number F–97–

FLEA–FFFFF. All electronic comments

must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption. If

comments are not submitted

electronically, EPA is asking

prospective commenters to voluntarily

submit one additional copy of their

comments on labeled personal computer

diskettes in ASCII (TEXT) format or a

word processing format that can be

converted to ASCII (TEXT). It is

essential to specify on the disk label the

word processing software and version/

edition as well as the commenter’s

name. This will allow EPA to convert

the comments into one of the word

processing formats utilized by the

Agency. Please use mailing envelopes

designed to physically protect the

submitted diskettes. EPA emphasizes

that submission of comments on

diskettes is not mandatory, nor will it

result in any advantage or disadvantage

to any commenter.

Commenters should not submit

electronically any confidential business

information (CBI). An original and two

copies of CBI must be submitted under

separate cover to: RCRA CBI Document

Control Officer, Office of Solid Waste

(5305W), U.S. EPA, 401 M Street, SW,

Washington, D.C. 20460.

Public comments and supporting

materials are available for viewing in

the RCRA Information Center (RIC),

located at Crystal Gateway I, First Floor,

1235 Jefferson Davis Highway,

Arlington, VA. The RIC is open from 9

a.m. to 4 p.m., Monday through Friday,

excluding federal holidays. To review

docket materials, it is recommended

that the public make an appointment by

calling (703) 603–9230. The public may

copy a maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $0.15/page. For

information on accessing paper and/or

electronic copies of the document, see

the ‘‘Supplementary Information’’

section.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA

Hotline at (800) 424–9346 or TDD (800)

553–7672 (hearing impaired). In the

Washington, D.C., metropolitan area,

call (703) 412–9810 or TDD (703) 412–

3323. For information on specific

aspects of the report, contact Mr. Lyn

Luben, Office of Solid Waste (5307W),

U.S. Environmental Protection Agency,

401 M Street, SW, Washington, D.C.

20460, phone (703) 308–0508.

SUPPLEMENTARY INFORMATION: On July

11, 1997 EPA published a Notice of Data

Availability (NODA) (62 FR 37183)

announcing the availability of its

mercury emissions study. The Mercury

Emissions study contains information

relating to the July 1994 proposed rule

addressing the management of spent

mercury-containing lamps. The Agency

established a 45-day comment period in

the NODA and indicated that comments

on the study would be accepted until

August 25, 1997. EPA has received

several written requests to extend the

comment period. The additional time

requested ranged from 45 to 90 days. As

justification for the time extension,

stakeholders noted the large amount of

information contained in the report and

the complexity of the study. The Agency

has decided to grant an additional 45

days beyond the initial 45-day comment

period to allow stakeholders additional