[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Proposed Rules]
[Pages 47400-47401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23845]



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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.

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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:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             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 Sec. 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

[[Page 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 <a href="http://
www.epa.gov/OMSWWW/">http://
www.epa.gov/OMSWWW/</a>. 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