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OAR Box 1834 

Prepped by Keeia Richards 

Document Number: 

59) IV-H-13 

Docket Number: 

A-90-07 

Printed 11/10/2008 2:14:36 PM Sheet 59 of 61 
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J» 1_ -W-0 ? 

Facsimile Transmittal Cover Sheet JET-/V-A3 

United States Environmental Protection Agency 

National Vehicle and Fuel Emissions Laboratory 

Ann Arbor, Michigan 48105 jj) i i B IWS i FAX TO: 

Troy Hillier MAY 2 6 

FAX NUMBER: 

202-395-7285 

PHONE NUMBER: 

202-36&^&8!i^2__i 

LOCATION: 

OMB 

FROM: 

Judith Gray 

FAX NUMBER: 

(313) 741-7816 

PHONE NUMBER: 

(313) 668-4231 

DIVISION/BRANCH: 

OMS/RDSD/Special Regulatory Projects Branch 

DATE: 

05/24/94 

NUMBER OF PAGES INCLUDING THIS COVER SHEET: 

10 

MESSAGE: 

Dear Troy, 

Attached for your review are a few minor changes to the 

Fuels and Fuel Additives draft final rule. Please let us hear 

from you on the status of your overall review of the rulemaking 

documents. As you know, the deadline for the Administrator's 

signature on this rule is Friday, May 27th. 

Thanks, 

Judy 
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e. Characterization of PAHs and NPAHs 0 

In the NPRM, EPA proposed a broad requirement for the 

identification and measurement of polycyclic aromatic compounds. 

In the final rule, this requirement is narrowed to a limited number 

of specified compounds which are of significant concern in terms of 

their potential non-carcinogenic and/or carcinogenic effects. 

Included are specified PAH and NPAH compounds as well as individual 

compounds and classes of poly-chlorinated dibenzodioxins and 

dibenzofurans (P-CDD/CDFs). 

In addition to specifying particular polycyclic aromatic 

compounds for analysis, the final rule reduces the families and/or 

categories of F/FAs which are subject to these requirements. PAH 

and NPAH speciation need not be done for F/FAs in the methane and 

propane fuel families, nor for F/FAs in the atypical categories of 

other fuel families. Furthermore, speciation of dioxins/furans is 

required only for F/FAs which contain chlorine as an atypical 

element. This is consistent with the requirement applicable to 

atypical F/FAs in general, that all emission species containing the 

relevant atypical elements be identified and measured (see section 

f, below). 

While EPA believes that characterization of dioxins/furans is 

also important in the case of baseline and non-baseline F/FAs, the 

NPRM did not propose to require this procedure on a wider basis. 

EPA has thus refrained from including mandatory requirements for 

speciation of dioxins/furans in the case of baseline and non-
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baseline F/FAs. Instead, for manufacturers of F/FAs other than 

chlorine-containing atypical F/FAs, dioxin/furan characterization 

is included in the final rule only on a voluntary basis. EPA 

strongly encourages manufacturers of baseline and non-baseline 

F/FAs to collect the necessary emission samples and conduct these 

voluntary procedures at the same time that mandatory emission 

characterization requirements are being fulfilled. The recent 

attention and concern about the potential health effects of 

dioxins/furans, combined with the current dearth of information on 

the specific sources and generation of these compounds, increases 

the likelihood that these procedures will be prescribed under EPA' s 

discretionary Tier 3 authority if the necessary data is not 

otherwise submitted on a voluntary basis. If so, the incremental 

costs are likely to be considerably higher than if the procedures 

were conducted in conjunction with the standard emission 

characterization tasks. 

As was proposed, the final rule requires the measurement and 

speciation of polycyclic aromatic compounds in both the semivolatile phase and particulate phase of combustion emissions. 

While, in the past, these compounds have been analyzed primarily in 

the particulate phase, the quantity of these compounds in the semivolatile phase at the temperatures encountered in dilute exhaust 

may also be important. 

Particulate and semi-volatile phase emissions are to be 

collected using methods described in Section VI.B.l. The soluble 
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organic fraction (SOF) is to be extracted from the filter and 

polymer bed separately. The extracts of the two phases are to be 

tested separately for PAHs and NPAHs, but may be combined before 

testing for dioxins/furans. Examples of protocols suitable for 

characterizing polycyclic aromatic compounds are available in the 

literature.1'

2'3'4'5'6 

1 Coordinating Research Council, "Chemical Methods for the 

Measurement of Unregulated Diesel Emissions," CRC Report No. 551, 

1987. 

2 Tejada, S. B., "Fluorescence Detection and Identification 

of Nitro Derivatives of Polynuclear Aromatic Hydrocarbons by OnColumn Catalytic Reduction to Aromatic Amines," Analytical 

Chemistry, Volume 58, Number 8, pp. 1827-1834, July 1986. 

3 Tejada, S. B. et al., "Analysis of Nitroaromatics in 

Diesel and Gasoline Car Emissions," SAE Paper No. 820775, 1982. 

4 Schuetzle, D., "Analysis of Nitrated Polycyclic Aromatic 

Hydrocarbons in Diesel Particulates," Analytical Chemistry, 

Volume 54, pp. 265-271, 1982. 

5 Johnson, J. H. et al., "A review of diesel particulate 

control technology and emissions effects - 1992 Horning Memorial 

Award Lecture," SAE Technical Paper Series No. 940233, 1994. 

6 A protocol for identification and measurement of polychlorinated dibenzodioxins and dibenzofurans is provided in 40 

CFR, Appendix A, Method 23. 
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(iii) Characterization of the semi-volatile and particulate 

phases of combustion emissions to identify and measure polycyclic 

aromatic compounds, as follows: 

(A) Analysis for polycyclic aromatic compounds shall not be 

conducted at or soon after the start of a recommended engine 

lubricant change interval. 

(B) Analysis for polycyclic aromatic hydrocarbons (PAHs) and 

nitrated polycyclic aromatic hydrocarbons (NPAHs), specified in 

paragraph (b) (2) (iii) (D) of this section, need not be done for any 

fuels and additives in the methane or propane fuel families, nor 

for fuels and additives in the atypical categories of any other 

fuel families, pursuant to the definitions of such families and 

categories in § 79.56. 

(C) Analysis for poly-chlorinated dibenzodioxins and 

dibenzofurans (p-CDD/CDFs), specified in paragraph (b) (2) (iii) (E) 

of this section, is required only for fuels and additives which 

contain chlorine as an atypical element, pursuant to paragraph 

(b) (2) (iv) of this section, which requires all individual emission 

products containing atypical elements to be determined for atypical 

fuels and additives. However, manufacturers of baseline and 

nonbaseline fuels and fuel additives in all fuel families, except 

those in the methane and propane fuel families, iare strongly 

encouraged to conduct these analyses on a voluntary basis. 

(D) The analytical method used to measure species of PAHs and 

NPAHs should be capable of detecting at least 1 ppm (equivalent to 

0.001 microgram (|Xg) of compound per milligram of organic extract) 

of these compounds in the extractable organic matter. The 

concentration of each individual PAH or NPAH compound identified 

shall be reported in units of microgram per mile. Each compound 

which is present at 0.001 |J,g per mile or more must be identified, 

measured, and reported. The following individual species shall be 

measured: 

(1) PAHs: 

i.) Benzo (a.) anthracene; 

ii) Benzo[b]fluoranthene; 

iii) Benzo[k.] fluoranthene; 

iv) Benzo (ajpyrene; 

v) Chrysene; 

vi) Dibenzo Ta,h1anthracene; and 

vii) Indeno [1,2, 3-c__d]pyrene. 

(2.) NPAHs: 

i.) 7-Nitrobenzo [a.] anthracene; 

ii) 6-Nitrobenzo [ajpyrene; 

iii) 6-Nitrochrysene; 

iv) 2-Nitrofluorene; and 

v) 1-Nitropyrene. f ^ X-
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(E) The analytical method used to measure species and classes 

of p-CDD/CDFs should be capable of detecting at least 1 ppt 

(equivalent to 0.001 picogram (pg) of compound per milligram of 

organic extract) of these compounds in the extractable organic 

matter. The concentration of each individual p-CDD/CDF compound 

identified shall be reported in units of picograms (pg) per mile. 

Each compound which is present at 0.5 pg per mile or more must be 

identified, measured, and reported. 

(2J With respect to measurement of p-CDD/CDFs only, the 

liquid extracts from the particulate and semi-volatile emissions 

fractions may be combined into one sample for analysis. 

(2J The manufacturer is referred to 40 CFR 60, Appendix A, 

Method 23 for a protocol which may be used to identify and measure 

any potential p-CDD/CDFs which might be present in exhaust 

emissions from a fuel or additive/base fuel mixture. 

(3_) The following individual compounds and classes of 

compounds of p-CDD/CDFs shall be identified and measured: 

(i.) Individual tetra-chloro-substituted dibenzodioxins 

(tetra-CDDs); 

(ii) Individual tetra-chloro-substituted dibenzofurans (tetraCDFs); 

(iii) Penta-CDDs and penta-CDFs, as one class; 

(iv) Hexa-CDDs and hexa-CDFs, as one class; 

(v) Hepta-CDDs and hepta-CDFs as one class; and 

(vi) Octo-CDDs and octo-CDFs as one class. 

(iv) With respect to all phases (vapor, semi-volatile, and 

particulate) of combustion emissions generated from those fuels and 

additive/base fuel mixtures classified in the atypical categories 

(pursuant to § 79.56), the identity and concentration of individual 

emission products containing such atypical elements shall also be 

determined. 

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to group with those similar F/FAs and complete the testing with the 

other F/FAs in their group. At the same time, EPA believes that 

for F/FAs that differ significantly in composition or usage from 

currently registered F/FAs, such testing would not be duplicative 

of testing of groups of registered F/FAs; and therefore, EPA is 

authorized under section 211(e) to require this information prior 

to registration. Under either theory, EPA's authority to obtain 

information prior to registration is not limited to Tier 1 and Tier 

2 data, because section 211(b) (2) (B) gives EPA authority to require 

for registration any information necessary to assess the effects of 

emissions on public health or welfare. Therefore, EPA interprets 

section 211 (e) and (b) to give it the authority to require any 

necessary health or welfare effects information for F/FAs that are 

significantly different in composition or usage from currently 

registered products. 

Changes to CFR Part 79 

This final rule includes revisions to the current CFR part 79 

registration regulations which are necessary to properly implement 

the new testing requirements in Subpart F. These consist of 

various conforming changes in registration procedures, 

requirements, and terminology. 

The submission by which a manufacturer requests registration 

of a fuel or fuel additive product is now called an "application" 

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rather than a "notification," in order to better reflect the 

additional submissions and requirements upon which registration is 

now contingent, and to avoid confusion with the various 

notifications concerning testing requirements which will be 

transmitted to applicants and registrants by EPA. Conforming 

changes have been made in procedures for notifying an applicant 

that a submission does not comply with registration requirements 

and for granting registration. 

As discussed in Section IV of this preamble, in order to 

determine in which of the F/FA group(s) established under the 

criteria set forth in this rule (see §79.56) a particular fuel 

additive should be enrolled, and to administer applicable testing 

requirements separately for each such F/FA group, it is essential 

that fuel additives be deemed to be registered only for those 

specific types of fuel for which they will be sold and used. The 

Agency interprets and is already administering the existing part 79 

in this manner. However, in the conforming changes included in 

this rule, part 7 9 has been clarified to confirm that registration 

of fuel additives is fuel specific, and that EPA considers sale or 

distribution of a fuel additive product for use in a fuel for which 

it is not registered to be unlawful. 

In addition, a manufacturer seeking to register a fuel product 

or a fuel additive product for use in vehicles manufactured after 

1974 must demonstrate that it is "substantially similar" to fuels 

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or additives utilized in the certification of vehicles for 1975 or 

subsequent model years, or that the manufacturer has obtained a 

waiver under CAA section 211 (f) (4) . This expressly codifies the 

manner in which EPA has administered the registration program since 

it adopted criteria implementing the statutory prohibition in CAA 

section 211(f)(1) on introduction into commerce of fuels and fuel 

additives which are not "substantially similar." 

2. Program Focus on Emissions 

CAA section 211 gives the Agency discretion to determine the 

focus of F/FA testing program under CAA section 211(b). EPA is 

exercising its discretion by focusing this rule on the testing of 

emissions, because the main purpose of the testing program is to 

provide EPA with information that can be used in regulatory 

decision-making under CAA section 211(c). 

Section 211(c) of the CAA gives EPA the authority to regulate 

F/FAs based on the impact of their emissions on health or welfare. 

Specifically, it allows the Administrator to control or prohibit 

the manufacture, introduction into commerce, or sale of any fuel or 

fuel additive whose emission product(s) cause or contribute to 

harmful air pollution. The legislative history of the provision 

also supports a focus on emissions, since House and Senate Reports 

on the CAA Amendments of 1970 link the information to be obtained 

under CAA section 211(b) to EPA's authority to regulate emissions 

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r^pcetfious rf.rct^(- p* 177) 

to six years for submittal of Tier 2 results. Furthermore, EPA 

believes that restricting the time period for exercising the 

alternative Tier 2 authority is unnecessary and disadvantageous to 

the public interest as well as the regulated industry, since this 

provision establishes a mechanism to provide needed data on a 

timely basis and to eliminate unnecessary screening studies when 

substitute tests will be required. Therefore, while EPA will 

endeavor to notify manufacturers of proposed alternative Tier 2 

requirements within 18 months, this final rule permits EPA to 

notify manufacturers of proposed alternative Tier 2 requirements at 

any time prior to EPA's receipt of Tier 2 data. If a manufacturer 

receiving such notification has already begun the standard Tier 2 

toxicology testing, then EPA will refrain from requiring the 

testing; however, in such cases, the manufacturer is required to 

submit the results of the standard Tier 2 tests within one year of 

the date when testing began. In other cases, EPA will consider the 

potential costs, burdens, and timing factors in making its final 

decisions on alternative Tier 2 requirements. 

IX. Tier 3 Requirements 

Scope 

On the basis of the submitted Tier 1 and/or Tier 2 data, or 

any other available information, EPA will determine whether further 

testing and/or analysis for the subject fuel or fuel additive is 

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